The EPA recently finished testing ditches on the west side of Anniston for PCBs. The agency expects to let residents know the results of those tests shortly.
Over the past decade, Anniston lawns and parks were tested and cleared of PCBs deposited over decades of heavy industry in the city. But until now, no one had checked the ditches that border the lawns where contaminated soil has been removed.
In previous years, the Calhoun County Highway Department has insisted that it was unable to maintain the ditches because it did not want to church contaminants that might have settled there. Leaving the ditches crowded with vegetation caused the west side of Anniston to become prone to flooding, according to a memo written by David Pirritano, Calhoun County environmental enforcement officer. “If the right-of-way storm water ditches are
contaminated and flooding takes place there is the possibility that
sites … could be recontaminated as well as clean properties that didn’t
contain pollutions to begin with,” the December 8, 2011 memo states.
That is unlikely, according to Yucheng Feng, a professor of environmental soil microbiology at Auburn University Feng said that PCBs are not easily dissolved in water, and are more likely to cling to sediment and soil, making it unlikely that it would leave the ditches. However, the likelihood that PCBs remain in the ditches is strong, she said.
If PCBs are around in the ditches at concentrations deemed to be harmful to human health, EPA has told the county that it will remove the contaminated soil.
For more, see the Anniston Star article here.
Wednesday, August 1, 2012
Friday, July 27, 2012
Prison Sentence for Asbestos Violations
We've warned about improper asbestos handling and removal before. Here's another example of why.
A man convicted last year of illegally removing, handling and disposing of asbestos at a Kankakee, Illinois building has been sentenced to ten years in federal prison. According to an EPA press release, Duane "Butch" O'Malley was also ordered to pay more than $47,000 to the EPA related to the cleanup, plus a $15,000 fine.
Prosecutors said employees of O'Malley's company, Origin Fire Protection, removed asbestos from insulation, loaded it in unmarked bags and dumped the bags in an open field.
A man convicted last year of illegally removing, handling and disposing of asbestos at a Kankakee, Illinois building has been sentenced to ten years in federal prison. According to an EPA press release, Duane "Butch" O'Malley was also ordered to pay more than $47,000 to the EPA related to the cleanup, plus a $15,000 fine.
Prosecutors said employees of O'Malley's company, Origin Fire Protection, removed asbestos from insulation, loaded it in unmarked bags and dumped the bags in an open field.
Wednesday, July 25, 2012
Pennsylvania Coke Manufacturer Settles with EPA
Shenango Inc., a Pennsylvania coke manufacturer, has settled alleged air and water pollution violations with EPA, state and local environmental agencies. The consent decree requires the company to pay $1.75 million in civil penalties and to make significant upgrades to the plant, which is located approximately five miles north of downtown Pittsburgh.
According to EPA, the facility had a history of non-compliance with federal, state and county environmental and public health regulations. Federal consent orders entered into with previous owners in 1980, 1993 and 2000 required the facility to come into compliance, but violations continued. DTE Energy Services purchased the facility in 2008. Gary Gross, DTE vice president, said "When we acquired the facility, we were well aware of its history. We would not have proceeded with the purchase unless we had confidence that we could dramatically improve performance and establish Shenango as a good neighbor and a valuable asset to the community." In the first seven months of 2011, Shenango had 114 air quality violations and paid a $114,000 fine to the health department
As part of the settlement, the company must take actions to reduce visible particular emissions to meet Clean Air Act standards by making repairs to the plant's coke ovens. The company also has to bring the plant into compliance with the Clean Water Act by building a new wastewater treatment plant, upgrading its current treatment processes, and constructing a coal pile runoff management system.
The civil penalties include $1.25 million to be divided equally between the United States and Allegheny County for the facility's Clean Air Act violations, as well as $500,000 in Clean Water Act penalties to be divided between the United States and Pennsylvania. As with all environmental consent decrees, it is subject to federal court approval following a 30-day public comment period.
The Shenango coke facility opened in 1962, employs about 150 workers and operates one coke oven battery with 56 ovens that produce approximately 380,000 tons of metallurgical coke a year.
Read more at the Pittsburgh Post-Gazette here.
According to EPA, the facility had a history of non-compliance with federal, state and county environmental and public health regulations. Federal consent orders entered into with previous owners in 1980, 1993 and 2000 required the facility to come into compliance, but violations continued. DTE Energy Services purchased the facility in 2008. Gary Gross, DTE vice president, said "When we acquired the facility, we were well aware of its history. We would not have proceeded with the purchase unless we had confidence that we could dramatically improve performance and establish Shenango as a good neighbor and a valuable asset to the community." In the first seven months of 2011, Shenango had 114 air quality violations and paid a $114,000 fine to the health department
As part of the settlement, the company must take actions to reduce visible particular emissions to meet Clean Air Act standards by making repairs to the plant's coke ovens. The company also has to bring the plant into compliance with the Clean Water Act by building a new wastewater treatment plant, upgrading its current treatment processes, and constructing a coal pile runoff management system.
The civil penalties include $1.25 million to be divided equally between the United States and Allegheny County for the facility's Clean Air Act violations, as well as $500,000 in Clean Water Act penalties to be divided between the United States and Pennsylvania. As with all environmental consent decrees, it is subject to federal court approval following a 30-day public comment period.
The Shenango coke facility opened in 1962, employs about 150 workers and operates one coke oven battery with 56 ovens that produce approximately 380,000 tons of metallurgical coke a year.
Read more at the Pittsburgh Post-Gazette here.
 |
| Shenango coke plant, Neville Island, PA. |
Friday, July 20, 2012
Oyster Harvest Lands Federal Conviction for Fishermen and Seafood Wholesaler
Following a seven-week trial, multiple defendants were convicted in federal court in New Jersey on multiple felony counts related to the harvesting and possession of oysters. The defendants (two fishermen and a seafood wholesale company) were convicted on multiple felony counts of violating the Lacey Act by creating false records for illegally possessed oysters, trafficking in illegally possessed oysters and falsifying records used by the FDA to track the movement of oysters in interstate commerce. They and a fourth defendant -- an employee of the seafood distributor -- were also convicted of conspiracy to commit those crimes and obstruction of justice.
The Lacy Act prohibits creating or submitting false records regarding fish or wildlife moving in interstate commerce and also prohibits trafficking in fish or wildlife known to be illegally taken or possessed. The FDA and state health agencies require that oyster purchasers and sellers maintain accurate records of the amounts and locations of oyster harvest for all oysters they buy and sell in order to protect the public health and minimize the impact of any oyster-borne outbreak of disease.
Starting in at least 2004 and continuing through 2007, Thomas and Todd Reeves, oyster fishermen who owned Shellrock (dba Reeves Brothers), would take more than their legal quota of oysters from the Delaware Bay. The Reeveses would then falsify the records that New Jersey used to track the number of oysters harvested from the bay and sell those unreported oysters to Mark Bryan at Harbor House in Delaware. Thomas Reeves, Todd Reeves and Renee Reeves, along with Mark Bryan at Harbor House, would also coordinate to cover up their overharvest by falsifying records required by the FDA. In addition, the defendants conspired to obstruct the federal investigation into their illegal conduct by providing investigators with false records and making false statements that attempted to hide their conduct. Bryan and Harbor House also purchased unreported oysters from Kenneth W. Bailey Sr., another New Jersey oyster fisherman. Like the Reeveses, Bailey would create false records required by the state and the FDA to hide his overharvest.
The fair market retail value of the unreported oysters during this time was in excess of $750,000, and the defendants over-harvested their quota in some years by nearly 60 percent.
The maximum penalty for the corporations is up to five years of probation and a fine in an amount that is the greater of $500,000 or twice the gross gain for each count. For the remaining defendants, the maximum penalty for conspiring to commit offenses and for violations of the Lacey Act is up to five years in prison and a $250,000 fine; the maximum penalty for obstruction of justice counts is up to 20 years in prison and a $250,000 fine.
The lessons here? Follow the rules, and if you get caught breaking the rules, 'fess up to it! Trying to hide it and creating fake reports will just make things worse.
The Lacy Act prohibits creating or submitting false records regarding fish or wildlife moving in interstate commerce and also prohibits trafficking in fish or wildlife known to be illegally taken or possessed. The FDA and state health agencies require that oyster purchasers and sellers maintain accurate records of the amounts and locations of oyster harvest for all oysters they buy and sell in order to protect the public health and minimize the impact of any oyster-borne outbreak of disease.
Starting in at least 2004 and continuing through 2007, Thomas and Todd Reeves, oyster fishermen who owned Shellrock (dba Reeves Brothers), would take more than their legal quota of oysters from the Delaware Bay. The Reeveses would then falsify the records that New Jersey used to track the number of oysters harvested from the bay and sell those unreported oysters to Mark Bryan at Harbor House in Delaware. Thomas Reeves, Todd Reeves and Renee Reeves, along with Mark Bryan at Harbor House, would also coordinate to cover up their overharvest by falsifying records required by the FDA. In addition, the defendants conspired to obstruct the federal investigation into their illegal conduct by providing investigators with false records and making false statements that attempted to hide their conduct. Bryan and Harbor House also purchased unreported oysters from Kenneth W. Bailey Sr., another New Jersey oyster fisherman. Like the Reeveses, Bailey would create false records required by the state and the FDA to hide his overharvest.
The fair market retail value of the unreported oysters during this time was in excess of $750,000, and the defendants over-harvested their quota in some years by nearly 60 percent.
The maximum penalty for the corporations is up to five years of probation and a fine in an amount that is the greater of $500,000 or twice the gross gain for each count. For the remaining defendants, the maximum penalty for conspiring to commit offenses and for violations of the Lacey Act is up to five years in prison and a $250,000 fine; the maximum penalty for obstruction of justice counts is up to 20 years in prison and a $250,000 fine.
The lessons here? Follow the rules, and if you get caught breaking the rules, 'fess up to it! Trying to hide it and creating fake reports will just make things worse.
Thursday, July 19, 2012
Environmental Violations Lead to Death, Criminal Indictments in Texas
A federal grand jury indicted Port Arthur Chemical and Environmental Services LLC (PACES) and its former president, Matthew L. Bowman, on charges of conspiracy to illegally transport hazardous materials resulting in the deaths of two employees. The 13-count indictment describes a scheme in which hazardous materials were transported illegally with false documents and without placards, and where workers were not properly protected from exposure to hazardous gases. The exposure resulted in the deaths of two truck-driver employees at the PACES facility on not one, but two occasions, in December 2008 and April 2009. Both deaths were attributed to exposure to hydrogen sulfide.
The defendants were charged with conspiracy to violate the Hazardous
Materials Transportation Uniform Safety Act (HMTUSA) and two counts of
failure to implement appropriate controls to protect employees from
exposure to hydrogen sulfide in violation of the Occupational Safety and
Health Administration Act. The defendants were also charged with
transportation of hazardous materials without placards, falsifying
documents in violation of HMTUSA, violations of the Resource
Conservation and Recovery Act and making false statements to government officials.
According to the indictment, Bowman was president and owner of PACES, located in Port Arthur, Texas, and CES Environmental Services (CES) located in Houston. PACES was in operation from approximately November 2008 to November 2010, and was in the business of producing and selling caustic materials to paper mills. The production of caustic materials involved hydrogen sulfide. Hydrogen sulfide is classified as a poisonous gas by HMTUSA. According to the National Institute for Occupational Safety and Health, hydrogen sulfide is an acute toxic substance that is the leading cause of sudden death in the workplace. Employers are required by the Occupational Safety and Health Administration (OSHA) to implement engineering and safety controls to prevent employees from exposure above harmful limits.
According to the indictment, Bowman was responsible for approving and directing PACES production operations, the disposal of hydrogen sulfide wastewater, employee safety precautions, directing the transportation of PACES' wastewater, and determining what safety equipment would be purchased or maintained.
The conspiracy and substantive counts of the indictment each carry a maximum possible sentence of five years in prison and a maximum fine of $250,000 for Bowman, and a $500,000 maximum fine for the company. Both PACES and CES have filed for bankruptcy.
According to the indictment, Bowman was president and owner of PACES, located in Port Arthur, Texas, and CES Environmental Services (CES) located in Houston. PACES was in operation from approximately November 2008 to November 2010, and was in the business of producing and selling caustic materials to paper mills. The production of caustic materials involved hydrogen sulfide. Hydrogen sulfide is classified as a poisonous gas by HMTUSA. According to the National Institute for Occupational Safety and Health, hydrogen sulfide is an acute toxic substance that is the leading cause of sudden death in the workplace. Employers are required by the Occupational Safety and Health Administration (OSHA) to implement engineering and safety controls to prevent employees from exposure above harmful limits.
According to the indictment, Bowman was responsible for approving and directing PACES production operations, the disposal of hydrogen sulfide wastewater, employee safety precautions, directing the transportation of PACES' wastewater, and determining what safety equipment would be purchased or maintained.
The conspiracy and substantive counts of the indictment each carry a maximum possible sentence of five years in prison and a maximum fine of $250,000 for Bowman, and a $500,000 maximum fine for the company. Both PACES and CES have filed for bankruptcy.
 |
| Entrance to PACES facility in Port Arthur, TX. |
EPA Drops Rule Requiring CAFO Reporting
EPA has apparently decided to drop its proposed CAFO reporting rule. The rule, which was published last October, required concentrated animal feeding operations (CAFOs) to report to EPA the overall size of the farm and the total available wastewater/sludge application area for disposing of the CAFO's wastewater. The proposed rule was the result of a settlement agreement between EPA and the Natural Resources Defense Council (NRDC), Waterkeeper Alliance, and the Sierra Club. However, the settlement only required EPA to propose the rule, not to adopt it.
EPA's website indicates that it still intends to collect the information, but from other sources. Many commenters to the proposed rule had pointed out that EPA could get the information elsewhere -- like state NPDES programs -- instead of duplicating efforts and creating extra work for the regulated community.
EPA's website indicates that it still intends to collect the information, but from other sources. Many commenters to the proposed rule had pointed out that EPA could get the information elsewhere -- like state NPDES programs -- instead of duplicating efforts and creating extra work for the regulated community.
 |
| CAFO wastewater lagoon. |
Tuesday, June 19, 2012
Zurich Pulling Out of UST Insurance Market
One of the largest insurers of underground storage tanks (USTs) in the U.S. is pulling out of the market. According to an EPA memo, Zurich has decided that it will no longer issue new UST insurance or renew existing policies. EPA issued the memo in order to warn consumers and state UST trust fund administrators of Zurich's upcoming exit from the market.
EPA regulations require that fuel marketers and tank owners have insurance or can provide proof of their ability to pay for cleanups if a spill occurs from an UST. EPA believes that we are again heading into a market where UST coverage will be hard to find -- the same type of market that spurred many states to begin storage tank trust funds, which essentially took the place of private insurance coverage. Unfortunately, many of those state funds are in poor financial shape, in part because the insurance market had improved significantly.
Alabama still has an excellent -- and mandatory -- UST trust fund program, and most tank owners in the state rely on it exclusively. However, cleanups are frequently extremely slow, and the required documentation and approval process can, on occasion, be somewhat torturous. In addition, there are circumstances in which owners can lose trust fund coverage by failing to comply with testing and reporting requirements. Consequently, a good number of tank owners may wish to consider insuring over the trust fund coverage. Zurich's exit from the market will make that more difficult.
EPA's excellent memo, which includes links to other helpful resources (including EPA's List Of Known Insurance Providers For Underground Storage Tank Owners And Operators) can be found here.
EPA regulations require that fuel marketers and tank owners have insurance or can provide proof of their ability to pay for cleanups if a spill occurs from an UST. EPA believes that we are again heading into a market where UST coverage will be hard to find -- the same type of market that spurred many states to begin storage tank trust funds, which essentially took the place of private insurance coverage. Unfortunately, many of those state funds are in poor financial shape, in part because the insurance market had improved significantly.
Alabama still has an excellent -- and mandatory -- UST trust fund program, and most tank owners in the state rely on it exclusively. However, cleanups are frequently extremely slow, and the required documentation and approval process can, on occasion, be somewhat torturous. In addition, there are circumstances in which owners can lose trust fund coverage by failing to comply with testing and reporting requirements. Consequently, a good number of tank owners may wish to consider insuring over the trust fund coverage. Zurich's exit from the market will make that more difficult.
EPA's excellent memo, which includes links to other helpful resources (including EPA's List Of Known Insurance Providers For Underground Storage Tank Owners And Operators) can be found here.
Tuesday, May 29, 2012
$1M in Fines for Clean Water Act violations in Iowa, Kansas and Nebraska
Mid-America Pipeline Company LLC (MAPCO) and Enterprise Products Operating LLC of Houston have agreed today to pay a civil penalty of more than $1 million to the U.S. to settle violations of the federal Clean Water Act related to three natural gas pipeline spills in Iowa, Kansas and Nebraska. As part of a consent decree, in addition to paying the $1,042,000 civil penalty, the companies have also agreed to undertake various measures aimed at reducing external threats to their pipeline, enhance their reporting of spills, and spend at least $200,000 to identify and prevent external threats to the pipeline involved in the spills. The companies will have to spend $200,000 to relocate, cover, lower or replace pipeline segments; install new remote shutoff valves; install new physical protections, such as fences or concrete barriers; and install other new equipment, structures or systems to prevent spills from reaching navigable waters.
Three spills had occurred along MAPCO's West Red Pipeline (operated by Enterprise). In March 2007, a rupture near Yutan, Nebraska, caused the discharge of approximately 1,669 barrels of natural gasoline directly into an unnamed ditch and Otoe Creek. In April 2010, a rupture near Niles, Kansas, caused the discharge of approximately 1,760 barrels of natural gas directly into an unnamed ditch, Cole Creek, Buckeye Creek and the Solomon River. And in August 2011, a rupture near Onawa, Iowa, caused the discharge of approximately 818 barrels of natural gas directly into the Missouri River.
Three spills had occurred along MAPCO's West Red Pipeline (operated by Enterprise). In March 2007, a rupture near Yutan, Nebraska, caused the discharge of approximately 1,669 barrels of natural gasoline directly into an unnamed ditch and Otoe Creek. In April 2010, a rupture near Niles, Kansas, caused the discharge of approximately 1,760 barrels of natural gas directly into an unnamed ditch, Cole Creek, Buckeye Creek and the Solomon River. And in August 2011, a rupture near Onawa, Iowa, caused the discharge of approximately 818 barrels of natural gas directly into the Missouri River.
Wednesday, May 23, 2012
BP Agrees to Add $400M+ in Pollution Controls at Indiana Refinery Plus $8M Penalty
DOJ and EPA announced today that BP North America Inc. has agreed to pay an $8 million penalty and invest more than $400 million in state-of-the-art pollution controls and cutting emissions from its petroleum refinery in Whiting, Indiana. The settlement is in response to a complaint that alleges violations of the Clean Air Act related to construction and expansion of the refinery, as well as violations of a 2001 consent decree with the company that covered all of BP's refineries and was entered into as part of EPA's Petroleum Refinery Initiative. The agreement imposes some of the lowest emission limits in refinery settlements to date, enhancing controls on wastewater containing benzene, and providing for an enhanced leak detection and repair system.
Negotiations included several environmental groups, including Save the Dunes, the Hoosier Chapter of the Sierra Club, the Hoosier Environmental Council, the Natural Resources Defense Council, and the Environmental Law and Policy Center, as well as state and federal environmental enforcement agencies.
The Whiting Refinery has a refining capacity of approximately 405,000 barrels per day, and is the 6th largest refinery in the United States.
Friday, February 17, 2012
Man Pleads Guilty to Illegal Dumping for Filling Wetlands in New York
Filling wetlands and lying to government agents are both potential criminal offenses. Julius DeSimone of New York found that out the hard way.
DeSimone pleaded guilty today in federal court in New York for conspiring to fill wetlands in violation of the Clean Water Act and to lying to federal agents in an attempt to conceal his crimes. According to the charges, DeSimone and his co-conspirators engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at New York and New Jersey solid waste management facilities and then transported to a farmer's property for disposal.
The defendants concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit. DeSimone admitted in the plea agreement that once DEC and the EPA learned of the illegal dumping, he lied to federal agents.
DeSimone faces up to five years in prison and a $250,000 fine for each felony count, and may be ordered to pay for portions of the cleanup at the site.
DeSimone pleaded guilty today in federal court in New York for conspiring to fill wetlands in violation of the Clean Water Act and to lying to federal agents in an attempt to conceal his crimes. According to the charges, DeSimone and his co-conspirators engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at New York and New Jersey solid waste management facilities and then transported to a farmer's property for disposal.
The defendants concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit. DeSimone admitted in the plea agreement that once DEC and the EPA learned of the illegal dumping, he lied to federal agents.
DeSimone faces up to five years in prison and a $250,000 fine for each felony count, and may be ordered to pay for portions of the cleanup at the site.
Partial Deepwater Horizon Settlement Reached with MOEX
MOEX Offshore 2007 LLC has agreed to settle its liability in the Deepwater Horizon oil spill in a settlement with the United States valued at $90 million, amking it the largest settlement ever reached under the Clean Water Act. Approximately $45 million of the settlement is going directly to the Gulf in the form of penalties or expedited environmental projects.
MOEX will pay $70 million in civil penalties under the Clean Water Act, and agreed to spend an additional $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect habitat and resources important to water quality and other environmental features of the Gulf of Mexico region. At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.
Of the $70 million in penalties, $45 million will go to the United States to replenish the Oil Spill Liability Trust Fund, where it will be available to pay for response actions, cleanup and damages caused by future spills. The remaining penalty will go to Gulf states participating in the settlement ($6.75 million to Louisiana; $5 million each to Alabama, Florida, and Mississippi; and $3.25 million to Texas).
MOEX will pay $70 million in civil penalties under the Clean Water Act, and agreed to spend an additional $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect habitat and resources important to water quality and other environmental features of the Gulf of Mexico region. At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.
Of the $70 million in penalties, $45 million will go to the United States to replenish the Oil Spill Liability Trust Fund, where it will be available to pay for response actions, cleanup and damages caused by future spills. The remaining penalty will go to Gulf states participating in the settlement ($6.75 million to Louisiana; $5 million each to Alabama, Florida, and Mississippi; and $3.25 million to Texas).
Wednesday, February 15, 2012
NC Hog Farm and President Sentenced to Pay $1.5M for Clean Water Act Violations
The U.S. Department of Justice announced that Freedman Farms was sentenced today in federal court to five years probation and ordered to pay $1.5 million in fines, restitution and community service payments for violating the Clean Water Act when they discharged hog waste into a stream that leads to the Waccamaw River.
The company's president was sentenced to six months in prison to be followed by six months of home confinement for his role in the violations.
According to evidence presented at trial, Freedman Farms discharged hog waste into a tributary of the Waccamaw River that flows through the White Marsh, a wetlands complex. The farm had approximately 4,800 hogs. The hog waste was supposed to be directed to two lagoons for treatment and disposal. Instead, in December 2007, hog waste was discharged from the farm directly into the tributary.
We've been involved in CAFO cases, Clean Water Act cases, and potential criminal cases like this one many times. Intentional discharges are no laughing matter, and can lead to jail time.
The company's president was sentenced to six months in prison to be followed by six months of home confinement for his role in the violations.
According to evidence presented at trial, Freedman Farms discharged hog waste into a tributary of the Waccamaw River that flows through the White Marsh, a wetlands complex. The farm had approximately 4,800 hogs. The hog waste was supposed to be directed to two lagoons for treatment and disposal. Instead, in December 2007, hog waste was discharged from the farm directly into the tributary.
We've been involved in CAFO cases, Clean Water Act cases, and potential criminal cases like this one many times. Intentional discharges are no laughing matter, and can lead to jail time.
Subscribe to:
Posts (Atom)