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EPA announces summary of enforcement actions for Winter 2012

Release Date: 05/03/2012
Contact Information: Kelly Huynh, EPA Compliance and Enforcement, 206-553-1679, huynh.kelly@epa.gov Jeff Philips, EPA Public Affairs, 206-553-1465, philip.jeff@epa.gov

(Seattle – May 3, 2012) The U.S. Environmental Protection Agency (EPA) completed 35 enforcement actions from January 1 through March 31, 2012 to ensure individuals, businesses, and governments are complying with environmental regulations. The EPA’s compliance assistance programs help people understand and follow federal environmental laws. Enforcement deters those who might otherwise profit from violating the law and levels the playing field with environmentally compliant companies. Protecting human health and the environment is the ultimate objective.

Below is a summary table of EPA’s enforcement actions during the second quarter of federal fiscal year 2012 (January - March 2012). An important component of EPA’s enforcement activities, and a key way to deter misconduct, is to assess penalties for violations. For the cases where EPA assessed penalties, the penalty amount is listed in the table. EPA Region 10 assessed a total of $821,731 in penalties during the second quarter. Penalty amounts may vary depending on a variety of factors, such as the magnitude of the violation, how quickly the violations are corrected, and whether there are past violations. Compliance Orders direct the violator to bring their activities back into compliance with environmental laws, and do not include penalties.

January 1 - March 31, 2012

State
City of violation
Date issued/ filed
Respondent
Description of Alleged Violation
Penalty amount
AKAnchorage03/14/12SGS North American, Inc.Failure to comply with hazardous waste generator requirements. (RCRA)*$1,500
AKFairbanks03/12/12Eielson Air Force BaseFailure to comply with universal waste management requirements. (RCRA)*$45,700
IDJerome03/16/12Rite Stuff Foods, Inc.Failure to comply with risk management program (RMP)* requirements for anhydrous ammonia.$5,700
IDLapwai03/15/12Nez Perce Tribe Drinking Water SystemsFailure to comply with Safe Drinking Water Act (SDWA)* requirements for monitoring and reporting violations to customers and EPA at the North Lapwai, South Lapwai, and Kamiah water systems.N/A (Administrative Order on Consent)
IDGrand View03/12/12US Ecology Idaho, Inc.Failure to submit timely Toxic Chemical Release Inventory (TRI) Reporting Forms for more than 20 chemicals, including mercury, lead, and PCBs. (EPCRA)*$184,000
IDNezperce03/06/12Robert BransonFailure to comply with EPA’s Federal Air Rules for Reservations (FARR)* resulting from agricultural burning above permitted levels.$1,200
ORMedford03/29/12NPK Industries, LLCFailure to register three pesticides. (FIFRA)*N/A (Stop Sale Order)
ORTigard03/05/12AG Specialties, LLCFailure to properly label imported pesticides. (FIFRA)*N/A (Stop Sale Order)
ORPortland02/28/12Wilbur Ellis CompanySale and distribution of misbranded pesticide products. (FIFRA)*$50,320
ORNehalem02/28/12River End Dairy, LLCFailures to comply with Clean Water Act (CWA)* permit requirements by discharging pollutants to waters of the United States.$6,300
ORLiberal02/27/12Sanders Wood Products, Inc.Failures to properly manage PCBs, including failure to repair, replace, or contain leaking PCB transformers. (TSCA)*$108,400
OREugene01/06/12Forrest Paint CompanyFailure to comply with risk management program (RMP)* requirements for propane.$18,000
WAColville03/29/12Colville Post and PolePartial cost recovery ($5,000) for a removal action, based on the potentially responsible party’s (PRP's) ability to pay. (CERCLA)*N/A (Cost Recovery)
WASeattle03/26/12U.S. Department of Commerce – National Oceanic and Atmospheric Administration’s Western Regional CenterFailure to comply with hazardous waste generator and universal waste requirements. (RCRA)*$2,250
WAMoses Lake02/17/12J.R. Simplot CompanyFailure to properly label pesticides. (FIFRA)*N/A (Stop Sale Order)
WACentralia02/16/12

TransAlta Centralia Generation, LLCFailure to comply with requirements for the proper use and disposal of electrical transformers containing PCBs. (TSCA)*$28,500
WAWhite Swan02/13/12

Fort Simcoe Job Corps Center’s Drinking Water SystemFailure to conduct required monitoring and report violations to customers and EPA. (SDWA)*N/A (Compliance Order)
WAHarrah02/07/12Hush & Hush, Inc., and C.I. Lovell, Inc.Failure to comply with Clean Air Act requirements for handling demolition of asbestos materials and limiting fugitive air emissions. (CAA)*$11,000
WAWapato02/06/12

City of WapatoFailure to comply with Clean Water Act requirements, primarily due to exceeding permit limits for ammonia. (CWA)*$57,000
WASpokane01/30/12Spokane Tribe of IndiansArsenic in drinking water above maximum contaminant levels at the Martha Boardman and Ford water systems. (SDWA)*N/A (Administrative Order on Consent)
WAWarden01/17/12Oregon Potato CompanyFailure to report an ammonia release to the Washington Emergency Response Commission and the National Response Center. (EPCRA and CERCLA)*$66,235
WAYakima01/17/12Yakama Tribal Gaming Corp dba Yakama Nation’s Legends CasinoFailure to discharge in compliance with a NPDES permit. (CWA)*N/A (Compliance Order)
WASilverdale01/11/12U.S. Department of Navy – Naval Base Kitsap at BangorFailure to comply with underground storage tank requirements to detect or prevent releases to the environment. (RCRA)*$160,756
WAWenatchee01/11/12Custom Apple Packers, Inc.Failure to comply with risk management program (RMP)* requirements for anhydrous ammonia. $69,480
AK













WA
Greenacres

Brewster

Longview

Kelso

Castle Rock

City Service Valcon

Triangle Shell/Exxon LLC

Beachway Gas and Grocery and City Shop

13th Avenue Mini Mart, Rocky Point Market, and Kelso Longview Regional Airport

Link’s Four Corners General Store

Failure to conduct tests or maintain documentation to detect or prevent releases to the environment. (UST)*Total of $5,390 for violations at the named facilities.

*EPCRA – Emergency Planning and Community Right to Know Act

FARR – Federal Air Rules for Reservations

FIFRA – Federal Insecticide, Fungicide and Rodenticide Act

CWA – Clean Water Act

CAA – Clean Air Act

RCRA – Resource Conservation and Recovery Act

RMP – Risk Management Program

SDWA – Safe Drinking Water Act

TRI – Toxic Release Inventory

UST – Underground Storage Tank


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