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.
Friday, July 27, 2012
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.
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| 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.
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| 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.
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| CAFO wastewater lagoon. |
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