Region 5 - Office of Regional Counsel

• April 5, 2004
• April 12, 2004
• April 19, 2004
• April 26, 2004

April 5, 2004

Region 5 files a Consent Agreement and Final Order to commence and conclude case against Southwest General Health Center, Middleburg Heights, Ohio. On March 31, 2004, Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously commencing and concluding an administrative penalty action against Southwest General Health Center for violations of the Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators (HMIWI), 40 CFR Part 62, Subpart HHH. The CAFO requires Southwest General Health Center (Southwest) to pay a penalty of $12,500, and perform a supplemental environmental project (SEP) involving completion of a Community Mercury Thermometer Exchange. The SEP involves targeting 11 communities surrounding the hospital with advertisements encouraging participation in the thermometer exchange and then conducting the exchange on two weekends. The cost of the SEP is estimated at $43,816 and will be required to exceed $37,500. On March 31, 2003, Region 5 issued a Finding of Violation for the alleged violations of the dioxin/furan emission standard for medium intermittent HMIWIs. In response to the FOV, Southwest attempted to make changes to its incinerator and, when those changes were unsuccessful in achieving compliance, permanently shut down its incinerator. As a result of Southwest’s cooperation, good faith efforts to comply, non-profit status, and willingness to perform the SEP, Region 5 determined that it was appropriate and consistent with the penalty policy to mitigate its planned proposed penalty of $50,645 to a settlement penalty of $12,500 and performance of the SEP. For more information regarding HMIWIs, please go to: http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html

Contact: Mony Chabria, 312-886-6842

Kerr-McGee , U.S. EPA and DOJ Enter Lindsay Light Past Costs Consent Decree Kerr-McGee agreed to pay $640,000.00 of U.S. EPA’s past costs associated with U.S. EPA’s oversight of removal actions involving radioactive waste in the Streeterville area in Chicago and at a landfill in Elgin, Illinois.  On April 5, 2004, an amended complaint and a consent decree describing the actions Kerr McGee agreed to take for their alleged violations of Section 107 of the Community Environmental Response, Compensation, and Liability Act (CERCLA). U.S. EPA incurred the costs while conducting oversight of removal actions at four Lindsay Light operable units that yielded over 30,000 tons of radioactive wastes. The U.S. EPA’s enforcement actions protected workers and the public from exposure to radioactive materials and also spurred revitalization of former industrial sites and parking lots into redevelopment projects valued at more than $800 million and created hundreds of jobs in the local economy. The settlement funds will be placed into a special account for future response costs associated with future Lindsay Light investigations and cleanups. The consent decree is subject to a 30-day public comment period and judicial approval. For more information regarding CERCLA, please go to: http://www.epa.gov/superfund/action/law/cercla.htm

Technical contacts: Verneta Simon, 312-886-3601; Fred Micke 312-353-5123;
Legal contacts: Mary Fulghum, 312-886-4683; Cathleen Martwick, 312-886-7166.

April 12, 2004

Environmental Consultant Sentenced for False Statements on Lead Hazard Assessments.  Carol Graves was the president of Graves Environmental Safety, Inc. (GESI), an environmental consulting firm with offices in Moline, Illinois and Bartonville, Illinois. On December 15, 2003, Ms. Graves appeared in federal court in the Central District of Illinois before Judge Joe Billy McDade and pled guilty to her September 26, 2003, indictment. The indictment alleged that Ms. Graves knowingly made material false statements in a matter within the jurisdiction of the federal government, violating 18 U.S.C. § 1001 and 18 U.S.C. § 2. On April 8, 2004, Judge McDade sentenced Ms. Graves to 12 months probation, a $1,000 fine and a $100 special assessment.

On or about February and March 2001, GESI analyzed lead hazards at single-family housing at the U.S. Army’s Rock Island Arsenal in Rock Island, Illinois. In about March 2001, Ms. Graves directed GESI employees to write letters for the Arsenal falsely stating that no lead hazards existed at those housing units. When Ms. Graves directed GESI employees to write these letters, she knew that 12 of those housing units contained lead hazards.
Primary contact: Kris Vezner, 312-886-6827

FIFRA Case Against The Scotts Company Settled with CAFO.  On April 13, 2004 Region 5 filed a CAFO resolving an administrative complaint against Respondent The Scotts Company (Scotts). The Region alleged that Scotts distributed a pesticide whose registration has been cancelled–a violation of Section 12(a)(1)(A) of FIFRA, 7 U.S.C. § 136j(a)(1)(A). The determination of violations in this case is based on information Region 5 received from the Illinois Department of Public Health (IDPH). In 2003, an IDPH inspector discovered a product called “Home Defense Indoor & Outdoor Insect Killer”on the sales shelf of a Springfield, Illinois hardware store. One active ingredient in “Home Defense” is chlorpyrifos (a.k.a. dursban) whose registration was cancelled in December 2000. The hardware store had received three separate shipments of “Home Defense” over the period from July 2002 to March 2003. At the request of Region 5, Scotts conducted further investigations and discovered no other shipments of dursban since the registration was cancelled. The original proposed penalty calculation was $4,950 for each of the three violations of the statute. Based upon Scotts’ cooperation and good faith efforts provided to the Region, Region 5 has agreed to mitigate the proposed civil penalty from $14,850 to $11,880.
Primary contact: Mark Koller 312-353-2591;
Additional contact: Terence Bonace 312-886-3387.

Administrator signs direct final rule.  On April 7, 2004 the Administrator signed a direct final rule developed by Region 5 that allows Packaging Corporation of America (PCA) to implement an alternative control technology to treat the Hazardous Air Pollutants (HAPs) produced at its semi-chemical pulp and paper mill in Tomahawk, Wisconsin. In lieu of treatment of the low volume, high concentration (LVHC) air stack emissions via thermal destruction (as contemplated by the Subpart S National Emission Standard for Hazardous Air Pollutants (NESHAP), PCA will treat the condensed HAPs via biodegradation in the Tomahawk Mill’s anaerobic wastewater treatment system. By doing so, PCA will achieve a greater than five-fold increase in HAP destruction over what would have been achieved through compliance with the Pulp and Paper Industry NESHAP.

In the course of bringing its Tomahawk, Wisconsin facility into compliance with the MACT standard for semi-chemical pulping mills, PCA discovered that achievement of the MACT standard would result in only a slight reduction of HAP emissions. PCA proposed to Wisconsin Department of Natural Resources (WDNR) that, in lieu of thermal destruction of the LVHC gases as required by the Subpart S NESHAP, the facility be allowed to biologically treat its foul condensates in its anaerobic wastewater treatment basins. PCA believed, and OAQPS confirmed, that anaerobic treatment of the foul condensates could potentially achieve a 6-fold increase in HAP reduction over what would have been achieved through compliance with the MACT.  WDNR subsequently proposed the alternative treatment technology project under the ECOS program.  With Region 5's assistance, WDNR and PCA finalized an Environmental Cooperative Agreement, and Region 5 thereafter developed compliance parameters that are now incorporated into the site-specific rule implementing the project.

This site-specific rule is an important achievement under the Joint State/EPA Agreement to Pursue Regulatory Innovation.  In that agreement EPA and senior state officials jointly committed to encourage new and innovative approaches to improving the nation’s environment. The direct final rule provides PCA with significant cost savings since the facility will not need to install a thermal oxidizer, and yet achieves greater environmental benefits than what would have been achieved through compliance by the Subpart S NESHAP.  The direct final rule will be published in the Federal Register.

Primary contacts: Eileen Furey: 312-886-7950 and Eaton Weiler 312-886-6041.

 

April 19, 2004

There were no significant case developments to report this week.

April 26, 2004

Company Owners and Company Charged with Clean Water Act Violations; United States v. Alex Sklavenitis, Nick Koumoutzis, and Olymco, Incorporated.  On April 28, 2004, Alex Sklavenitis, Nick Koumoutzis, and Olymco, Incorporated (“Olymco”) were charged in a two-count indictment for illegally discharging industrial wastewater into the Canton sewer system. Alex Sklavenitis was the President and part owner and Nick Koumoutzis was a Supervisor and part owner of Olymco, a Delaware corporation, which was a chrome plating operation located in Canton, Ohio. Chromium, a heavy metal, is used in the plating process. As a result, the wastewaters generated by Olymco contained chromium.

The indictment alleges that Sklavenitis and Koumoutzis knowingly discharged industrial wastewater containing chromium into Canton’s sewer system in violation of Canton’s regulations.

The actual sentence in this case, upon conviction, will be determined by the Court under mandatory Federal Sentencing Guidelines and depend upon a number of factors unique to each case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the City of Canton Wastewater Treatment Department, and U.S. EPA Criminal Investigation Division, all members of the Northeast Ohio Environmental Crimes Task Force.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Contact: Brad Beeson (440) 250-1761.

Company President Charged with Clean Water Act Violation; United States v. William E. Harwell.  On April 23, 2004, William E. Harwell was charged in a one-count information for illegally discharging oil into a water of the United States. Mr. Harwell was the President of ServiSteel Corporation, a steel processing company located and incorporated in Sheffield Village, Ohio.

As part of its operations ServiSteel used hydraulic equipment to cut the steel. Periodically, hydraulic oil from the cutting equipment was spilled into a pit where it mixed with ground water. This mixture was no longer usable and should have been disposed of properly. Instead, the information charges, Mr. Harwell negligently caused the discharge of oil into the creek bordering the ServiSteel facility. The creek leads into French Creek and eventually into Lake Erie.

This case was investigated, in a joint investigation, by the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, the Coast Guard, and U.S. EPA Criminal Investigation Division, all members of the Northeast Ohio Environmental Crimes Task Force.

The actual sentence in this case, upon conviction, will be determined by the Court under the mandatory Federal Sentencing Guidelines and depend upon a number of factors unique to each case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense, and the unique characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Contact: Brad Beeson (440) 250-1761.

Region 5 signs an Administrative Order on Consent regarding Angola Soya Superfund Site.
On March 5, 2004, Region 5 signed an Administrative Order on Consent (AOC) for Removal Action under Sections 104, 106(a) and 107 of the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA) with the respondent owner of the Angola Soya Superfund Site. The site, an abandoned soybean oil extraction facility near Angola, Indiana, contains thirty-four abandoned drums, nine containers and two transformers. The drums were documented to contain hazardous waste and were in various stages of deterioration with spilled contents on the surrounding floor. Sample analytical results indicated that the hazardous wastes posed a threat of fire or explosion. The hazardous wastes include corrosives, flammable organic solvents, flammable oils, flammable organic sludge and solids, flammable inorganics, and PCBs, as well as asbestos. The site has no security and has already been accessed by the public–the interior walls of the building are marked with graffiti. Building doors and windows can be easily broken, making the contents readily accessible to animals or trespassers. Under the AOC, the respondent submitted a work plan for performing the removal action at the site. Pursuant to the work plan, the Respondent will remove and properly dispose of the drums, containers and contents and will decontaminate a concrete floor in a storage area.

Contact: Deborah Carlson 312-353-6121.

Region 5 Signs FIFRA Consent Agreement with Champion Packaging and Distribution, Inc.  On April 16, 2004, Region 5 filed a combination Complaint/Consent Agreement and Final Order (CAFO) simultaneously initiating and resolving Respondent’s Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 12 violations. The Region alleged that Respondent sold and distributed a chlorine product that contained less sodium hypochlorite than the amount expressed on the product label. Region 5 agreed to reduce the proposed penalty amount of $4,400 after taking into consideration Champion’s cooperation and good faith efforts to comply throughout the enforcement process. Consequently, the CAFO requires Champion to pay a penalty of $3,520.

Contacts: Carlos Evans (312) 886-2149 and Tony Silvasi (312) 886-6878.

U.S. District Court enters Consent Decree for remedial action at Operable Unit 1 for the Fox River Superfund Site in Wisconsin.  On April 12, 2004, the United States District Court for the Eastern District of Wisconsin entered a Consent Decree (a legal document, signed by a judge and entered into the public record, that formalizes an agreement between the parties involved) for Operable Unit 1 at the Fox River Superfund Site. Pursuant to the terms of the Consent Decree, the settling Defendants, P. H. Glatfelter Company and WTM I Company, have agreed to implement the selected remedy of excavation of PCB contaminated sediment from the Fox River. The excavated sediment will be transported to a landfill for disposal. The settling defendants have also agreed to pay U.S. EPA’s oversight costs and pay $1,050,000 of EPA’s past costs. With this Consent Decree, the Wisconsin Department of Natural Resources and U.S. EPA Region 5 continue the potentially responsible party (PRP) funding of work at the Fox River Site. While there have been several significant work efforts on the Fox River in the form of pilot studies, this agreement begins the cleanup at the site. It continues one of the most significant PCB contaminated sediment cleanup actions in the country.

The Fox River and Green Bay Site involves a 39 mile section of the Fox River and all of Green Bay. Adjacent to the river is located the highest concentration of paper mills in the world, several of which operated “de-inking” mills. These de-inking mills took in for recycling great amounts of “carbonless copy paper” also known as “NCR paper.” In the recycling process the PCB containing emulsions used in NCR paper were separated from the paper fiber and significant portions of the PCBs were released by the mills directly into the Fox River or through local POTWs to the River. It is estimated that about 690,000 pounds of PCBs were discharged to the River between 1954 and 1971, and about 60,000 pounds of PCBs presently contaminate millions of cubic yards of River sediments. In December 2002, EPA issued a Record of Decision for Operable Units 1 and 2 at the Fox River site. The remedy for Operable Unit 1 was excavation of PCB contaminated sediment and disposal of the sediment in a landfill. The estimated cost of the remedy is $66.3 million.

EPA entered into a prior agreement with WTM I Company for that party to design the selected remedy for Operable Unit 1. That design work is on-going. Upon completion of the design work, the settling defendants will implement the design pursuant to the entered Consent Decree.

Primary Contacts: Peter Felitti (312) 886-5114 and Jim Hahnenberg (312) 353-4213.