Region 10 Annual Enforcement Results 2006
| The EPA’s enforcement program in the Pacific Northwest and Alaska saw across-the-board increases in every category for 2006. According to additional Agency calculations, the program helped prevent 26.4 million pounds of pollution in the region. Together, the latest EPA enforcement data reveal an estimated $115.2 million in federal compliance actions; $657,000 in Supplementary Environmental Projects (SEPs); and just over $3.5 million in judicial and administrative penalties collected in the latest fiscal year. (read more in the regional News Release)
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Numbers at a Glance
Estimated Environmental Benefits of Enforcement Actions
(Including Supplemental Environmental Projects (SEPs) obtained or committed to): | |
| - - Pollutants Reduced (Pounds) | 26,429,316 |
| - - Contaminated Soil Cleaned (Cubic Yards) | 660,466 |
| - - Wetlands Protected (Acres) | 18 |
| Value of Complying Actions | $115,280,599 |
| Value of Supplemental Environmental Projects (SEPs) | $656,727 |
| Cases with SEPs | 5 |
| Voluntary Disclosure Program: Notices of Determination | 8 |
| Total Entities Reached by Compliance Assistance | 85,709 |
| EPA Administrative Compliance Orders | 151 |
| EPA Administrative Penalty Complaints | 177 |
| EPA Civil Judicial Referrals | 15 |
| EPA Final Administrative Penalty Settlements | 180 |
| EPA Civil Judicial Conclusions | 12 |
| EPA Administrative Penalties | $1,447,118 |
| EPA Judicial Penalties | $2,120,206 |
| EPA Stipulated Penalties | $45,500 |
| Inspections/Evaluations | 1,299 |
| Civil Investigations | 3 |
| Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations | 95 |
| Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations | 877 |
Case Highlights
Alaska (total penalties assessed: $1,583,680):
Ocean Beauty Seafoods (Seafood Processor)agreed to pay a $126,000 penalty to settle water discharge permit violations with the U.S. Environmental Protection Agency (EPA) at two facilities in Cordova and Excursion Inlet. The enforcement action followed the discovery that the company’s facilities had violated their National Pollution Discharge Elimination System (NPDES) permits. (06/012/06)
Altex Distributing, Inc. received a complaint seeking a $134,000 penalty for Clean Air Act and emergency planning violations. Altex is a supplier of chlorine and sulfur dioxide. The alleged violations, include a failure to have a Risk Management Program (RMP) for hazardous chemicals, which is required by the Federal Clean Air Act (CAA). (03/27/06)
Owners and contractors who demolished buildings in Juneau and Ketchikan, Alaska, paid over over $75,000 in penalties for violations of federal asbestos regulations. The two enforcement cases – brought by the U.S. Environmental Protection Agency – are similar (in the types of violations that occurred) and underscore the importance of closely following requirements to notify EPA in advance and to handle asbestos wastes safely during demolitions.(04/05/06)
Duran Construction Company was issued an administrative compliance order to restore a wetland after violating the Clean Water Act by filling wetlands without a permit from the U.S. Army Corps of Engineers. The unauthorized filling of wetlands occurred at Duran Construction’s Spruce Corners property in Juneau, Alaska.(03/02/06)
Forest Oil Corporation, based in Anchorage, Alaska, has agreed to pay $813,000 in civil penalties to resolve violations of the federal Clean Water Act at the Osprey Platform, a production platform located in Cook Inlet, Alaska. According to Forest Oil’s discharge monitoring reports, between January 2001 and July 2005, there were approximately 2,600 effluent limit violations. Most of these violations were for sanitary and domestic wastewater discharges.(08/29/06)
Three Anchorage-area construction site operators settled storm water control violations with the EPA. Violations included failure to obtain permit coverage, failure to adequately plan for and implement erosion and sediment controls and failure to inspect and maintain such controls in compliance with the permit. EPA inspectors observed violations at most sites, with a wide range in severity. Penalties for violations ranged from $3,500 - $4,500 (10/23/06)
Idaho (total penalties assessed: $1,250,450)
The Idaho Transportation Department (ITD) and contractor Scarsella Brothers, Inc. have agreed to pay $895,000 for violations of the Clean Water Act during the construction of the Bellgrove-Mica realignment of Highway 95 near Lake Coeur d'Alene in Northern Idaho. The settlement concluded a lawsuit which began in 2004, alleging that ITD and Scarsella Brothers failed to provide adequate storm water controls for a large highway project that later deposited many tons of sediment in Mica Creek, which flows into Mica Bay in Lake Coeur d'Alene. (05/03/06)
The FMC Idaho LLC elemental phosphorous facility, located just west of Pocatello, Idaho, agreed to pay an $85,000 penalty to settle federal Clean Air Act violations with the U.S. Environmental Protection Agency (EPA). The Company ceased production of phosphorous from raw ore in 2001, but continued to process smaller amounts of phosphorous material as the plant was being decommissioned. Since the alleged infractions, the Company has continued to decommission and dismantle the facility.(09/07/06)
CAV OK, LLC., A north Idaho Developer, agreed to pay a $9,500 penalty for violations of the Clean Water Act (CWA) at its construction site in Coeur d'Alene, Idaho. Violations include failure to apply for coverage under the NPDES General Permit for Storm Water Discharges from Construction Activities (Permit) before the start of construction, deficiencies in the Storm Water Pollution Prevention Plan (SWPPP), failure to conduct routine self-inspections, and inadequate installation of best management practices (BMPs) to control storm water runoff.(07/12/06)
The City of Blackfoot, Idaho agreed to pay a penalty of $25,000 for unauthorized in-stream excavation work in the Snake River. the City discharged dredged and fill material into the Snake River below the ordinary high water mark while constructing a berm in the Snake River near the headgate of Jensen Grove Lake. In April 2005, the City again discharged in the same general area while building a temporary road crossing and a barb to direct flow to the headgate. The alleged discharges of dredged and fill material were not authorized by a Clean Water Act permit. (01/25/06)
Oregon (penalties assessed statewide: $11,085,890)
Washington (total penalties assessed: $647,270)
Lucky An Dong, Inc. and Viet Wah Supermarket, two stores in the Little Saigon Neighborhood of Seattle, Washington, were issued “stop sale” to stop selling two illegal, unregistered pesticide products. EPA is especially concerned about children’s potential exposure to “Miraculous Insecticide Chalk.”(10/25/06)
Des Moines landlords Stanley Xu, Breakwater Apartments, L.L.C., and Longwell Company, were issued a complaint alleging they failed to notify their tenants that lead-based paint could pose serious health threats to children or pregnant women. Longwell Company manages the Breakwater Apartments located at 23502 16th Pl S in Des Moines, WA. EPA’s complaint alleges the named parties committed 96 violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Disclosure Rule for violations at the property. Each violation carries a maximum penalty of $11,000. (8/3/06)
Amerigas Propane, L.P. was ordered to pay $28,495.95 for failure to file a Tier II, Inventory of Hazardous Chemicals Report to the required local emergency response authorities. In addition to the penalty, Amerigas has also agreed to perform a Supplemental Environmental Project (SEP) which will provide $28,752 to pay for emergency response equipment for Dallesport Fire Department.(7/17/06)
Noveon Kalama Inc., (Noveon) was ordered to pay $56,995 for releasing more than 500 pounds of ammonia from their Kalama, Washington facility on May 10, 2005. In addition to the penalty, Noveon will also perform a Supplemental Environmental Project (SEP) which will provide $112,990 to pay for emergency response equipment for Cowlitz County and the City of Kalama, WA. (5/23/06)
Seven Washington water systems were ordered to send their customers annual reports describing the quality of their water in 2004, as required by the federal Safe Drinking Water Act (SDWA), or pay fines as high as $32,500 per day. The water systems failed to prepare, distribute, and certify 2004 Consumer Confidence Reports (CCR), even after repeated attempts by state and federal officials to get them to comply. (03/13/06)
The Port of Tacoma agreed to pay $7,676 for storing leaking electrical equipment contaminated with polychlorinated bi-phenyls (PCBs) in violation of the federal Toxic Substances Control Act (TSCA). The violations were revealed by the Port of Tacoma following a 2004 EPA inspection of Port property formerly owned by Kaiser Aluminum. The Port acquired the property along with the electrical equipment in 2003.(08/03/06)