The U.S. Environmental Protection Agency Region 5 recently released annual results from its enforcement and compliance efforts:
"Enforcement of environmental laws resulted in nearly $6 billion invested in pollution control and cleanup during fiscal year 2010 in Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. The largest cases are three Midwest oil spills -- Enbridge Energy Partners for spills in Marshall, Mich. and Romeoville, Ill., and BP Products North America Inc. for a spill in Whiting, Ind. Judgements against Cincinnati and Hamilton County required them to spend $1.79 billion to reduce untreated combined sewer and sanitary sewer overflows.
"In addition, Region 5's enforcement efforts will cause more than $1.8 million to be spent for supplemental projects benefiting communities and populations that could be disproportionately affected by the violation of environmental laws.
"During FY10, more than 16.9 million pounds of pollution were reduced, treated or eliminated in Region 5. There were 1,415 violations reported with a resulting 2,750 pounds of hazardous wastes, 161 lab packs and 10 pounds of radioactive waste removed and disposed of.
"In FY 2010, Region 5 successfully negotiated and finalized decisions on 11 disclosures submitted by participants in the Region's Audit Agreement with Colleges and Universities. Approximately 1415 violations were disclosed and have been corrected, resulting in the removal and disposal approximately 2750 pounds of hazardous wastes, 161 lab packs and 10 pounds of radioactive wastes."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Showing posts with label Federal Enforcement Action. Show all posts
Showing posts with label Federal Enforcement Action. Show all posts
Sunday, December 12, 2010
Monday, November 15, 2010
Federal Clean Air Act Enforcement Action Results in Settlement
The U.S. Environmental Protection Agency recently announced that it settled an enforcement action against a Chicago company relating to alleged Clean Air Act violations:
"U.S. Environmental Protection Agency Region 5 has reached an agreement with Lakeside Lithography, 1600 S. Laflin St., Chicago on alleged Clean Air Act violations.
"The agreement, which includes a $4,123 penalty, requires Lakeside to install new equipment to reduce air pollution from the facility and keep its garage door closed when its coating line is operating to prevent emissions from affecting the surrounding area.
"In addition, the company has agreed to carry out two supplemental environmental projects designed to protect the environment and public health. Lakeside Lithography must spend $15,000 on a lead poisoning prevention and care abatement project in and around its facility in the Pilsen neighborhood. It will contract with and pay a local nonprofit organization experienced in lead abatement to conduct the work. It must also spend $40,000 to reduce greenhouse gas emissions in the neighborhood by adding controls to its natural gas burners. This change would reduce carbon dioxide emissions in this environmental justice community by 670,360 pounds per year."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
"U.S. Environmental Protection Agency Region 5 has reached an agreement with Lakeside Lithography, 1600 S. Laflin St., Chicago on alleged Clean Air Act violations.
"The agreement, which includes a $4,123 penalty, requires Lakeside to install new equipment to reduce air pollution from the facility and keep its garage door closed when its coating line is operating to prevent emissions from affecting the surrounding area.
"In addition, the company has agreed to carry out two supplemental environmental projects designed to protect the environment and public health. Lakeside Lithography must spend $15,000 on a lead poisoning prevention and care abatement project in and around its facility in the Pilsen neighborhood. It will contract with and pay a local nonprofit organization experienced in lead abatement to conduct the work. It must also spend $40,000 to reduce greenhouse gas emissions in the neighborhood by adding controls to its natural gas burners. This change would reduce carbon dioxide emissions in this environmental justice community by 670,360 pounds per year."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, July 13, 2010
EPA Orders Livestock Operation To Pay $40,000 Penalty For Alleged Water Pollution Violations
I received a comment on the LinkedIn boards today about my last post--why did the dairy farm only get a $2,000 in the settlement of a State enforcement action approved by the Illinois Pollution Control Board? My response was that everything depends on the facts of the case--what was the extent of the environmental harm, previous violations by the defendant, etc. This theory was demonstrated in a recent press release from U.S. EPA regarding a federal enforcement action against a livestock operation that featured a penalty with a much higher amount:
"U.S. Environmental Protection Agency Region 5 has ordered Greenville Livestock Inc., 25815 Hugo Road, Centralia, Ill., to pay a $40,000 fine for failing to comply with the Clean Water Act. EPA previously ordered the facility to stop all unauthorized discharges and apply to the Illinois Environmental Protection Agency for a permit to discharge wastewater.
"Greenville is a large concentrated animal feeding operation in the Kaskaskia River watershed in central Illinois with more than 1,000 cattle.
"An EPA inspection found that Greenville was not using best management practices to prevent the discharge of manure and other animal production waste. EPA also discovered that the facility did not have a Clean Water Act permit to discharge."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
"U.S. Environmental Protection Agency Region 5 has ordered Greenville Livestock Inc., 25815 Hugo Road, Centralia, Ill., to pay a $40,000 fine for failing to comply with the Clean Water Act. EPA previously ordered the facility to stop all unauthorized discharges and apply to the Illinois Environmental Protection Agency for a permit to discharge wastewater.
"Greenville is a large concentrated animal feeding operation in the Kaskaskia River watershed in central Illinois with more than 1,000 cattle.
"An EPA inspection found that Greenville was not using best management practices to prevent the discharge of manure and other animal production waste. EPA also discovered that the facility did not have a Clean Water Act permit to discharge."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, June 4, 2010
U.S. EPA Cites Developer for Alleged Stormwater Violations
U.S. EPA Region 5 recently issued a complaint and final order against Sharp Homes-Hunter’s Ridge Development and Charles D. Sharp for failure to comply with federal stormwater rules. EPA alleges that the defendant (a Joliet, Illinois company) failed to prevent or minimize discharges, initiate stabilization measures, conduct inspections and maintain proper records.
According to EPA, "construction on more than five acres of land being developed for homes allegedly caused discharges of storm water through sewers, surface runoff and discharge pipes to Aux Sable Creek, a tributary to the Illinois River. Procedures for erosion control, as required by a National Pollutant Discharge Elimination System, were not followed."
A penalty of $15,000 has been assessed.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
According to EPA, "construction on more than five acres of land being developed for homes allegedly caused discharges of storm water through sewers, surface runoff and discharge pipes to Aux Sable Creek, a tributary to the Illinois River. Procedures for erosion control, as required by a National Pollutant Discharge Elimination System, were not followed."
A penalty of $15,000 has been assessed.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Saturday, May 15, 2010
U.S. EPA Proposes $743,293 Penalty for Hazardous Waste Violations
On May 6th, U.S. EPA Region 5 announced that it filed an administrative complaint and compliance order against Mercury Vapor Processing Technologies Inc., also known as River Shannon Recycling, for alleged violations of hazardous waste regulations at the facility located at 13605 Halsted Street, Riverdale, Illinois. A $743,293 penalty is proposed.
According to EPA, the defendant was cited for violating Resource Conservation and Recovery Act ("RCRA") requirements for managing hazardous waste. Specifically, the defendant failed to have a permit for hazardous waste treatment and storage. The defendant treated large quantities of waste lamps including spent fluorescent tubes. Often, these waste lamps contain mercury and are regulated as hazardous waste.
EPA has also ordered the defendant to immediately stop transporting, treating and storing hazardous waste at its facility unless it fully complies with RCRA requirements, and to conduct RCRA closure activities at the Riverdale facility.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
According to EPA, the defendant was cited for violating Resource Conservation and Recovery Act ("RCRA") requirements for managing hazardous waste. Specifically, the defendant failed to have a permit for hazardous waste treatment and storage. The defendant treated large quantities of waste lamps including spent fluorescent tubes. Often, these waste lamps contain mercury and are regulated as hazardous waste.
EPA has also ordered the defendant to immediately stop transporting, treating and storing hazardous waste at its facility unless it fully complies with RCRA requirements, and to conduct RCRA closure activities at the Riverdale facility.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Zinc Refinery Settles Federal Enforcement Action Alleging Clean Air Act Violations
On April 15th, the federal government announced the settlement of an enforcement action in United States v. Big River Zinc Corp., No. 10-cv-276 (U.S. District Court for the Southern District of Illinois), which concerned a zinc smelter plant located at 2401 Mississippi Avenue, Sauget, Illinois.
The federal government's allegations concerned the defendant's Roasters, which are furnaces in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate a significant portion (more than 10%) of the sulfur contained in the charge. The government alleged that the defendant violated the Clean Air Act and applicable regulations by (1) failing to comply with the sulfur dioxide emission limit for Roasters, (2) failing to provide notification of its plans to reconstruct its Roasters, (3) failing to provide written notification of the date of construction of the new Roasters, (4) failing to provide written notification of the date of initial startup of the new Roasters, and (5) failing to conduct performance tests of the new roasters and providing a report of the test results to EPA.
Under the terms of the settlement, the defendant does not admit liability concerning these alleged violations; however, the defendant has agreed to pay $250,000 as a civil penalty to settle the case. Although the defendant ceased its zinc roasting operations in 2006, the settlement agreement requires the defendant to take certain actions prior to resuming operations. Specifically, the defendant must install and make operational a Scrubber System on its acid plant and and make operational a Continuous Emissions Monitoring System for Stack Gas Sulfur Dioxide.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
The federal government's allegations concerned the defendant's Roasters, which are furnaces in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate a significant portion (more than 10%) of the sulfur contained in the charge. The government alleged that the defendant violated the Clean Air Act and applicable regulations by (1) failing to comply with the sulfur dioxide emission limit for Roasters, (2) failing to provide notification of its plans to reconstruct its Roasters, (3) failing to provide written notification of the date of construction of the new Roasters, (4) failing to provide written notification of the date of initial startup of the new Roasters, and (5) failing to conduct performance tests of the new roasters and providing a report of the test results to EPA.
Under the terms of the settlement, the defendant does not admit liability concerning these alleged violations; however, the defendant has agreed to pay $250,000 as a civil penalty to settle the case. Although the defendant ceased its zinc roasting operations in 2006, the settlement agreement requires the defendant to take certain actions prior to resuming operations. Specifically, the defendant must install and make operational a Scrubber System on its acid plant and and make operational a Continuous Emissions Monitoring System for Stack Gas Sulfur Dioxide.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Friday, April 23, 2010
Steel Company to Pay $120,000 to Resolve Alleged Hazardous Chemical Reporting Violations
On April 16th, the U.S. Environmental Protection Agency announced the settlement of a federal enforcement action alleging hazardous chemical reporting violations against Alro Steel Corp., which has a facility in Melrose Park, Illinois.
Federal law requires that state and local authorities be notified of hazardous chemical storage. In the event of a fire or emergency, responders need to know what they are dealing with so they can take steps to protect people living or working in the area.
The defendant paid $120,000 to resolve the EPA notice that it failed to submit to state and local authorities required chemical inventory forms for a variety of hazardous chemicals. The hazardous chemicals used in the processing of steel include hydrogen, cutting fluid, acrylic enamels, chemtane, methane, propylene, propane, nitrogen, carbon dioxide gas, oxygen, argon and acetylene. The defendant also has sulfuric acid and lead in its lead-acid batteries that must be reported.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Federal law requires that state and local authorities be notified of hazardous chemical storage. In the event of a fire or emergency, responders need to know what they are dealing with so they can take steps to protect people living or working in the area.
The defendant paid $120,000 to resolve the EPA notice that it failed to submit to state and local authorities required chemical inventory forms for a variety of hazardous chemicals. The hazardous chemicals used in the processing of steel include hydrogen, cutting fluid, acrylic enamels, chemtane, methane, propylene, propane, nitrogen, carbon dioxide gas, oxygen, argon and acetylene. The defendant also has sulfuric acid and lead in its lead-acid batteries that must be reported.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Tuesday, April 6, 2010
U.S. EPA Settles Enforcement Action Concerning Anhydrous Ammonia Release
On April 2nd, U.S. EPA announced that it settled a federal enforcement action against Handy Fertilizer Inc. in Millstadt, Illinois. EPA alleged that the defendant failed to provide immediate notification to the National Response Center of a 4,096-pound release of anhydrous ammonia on Sept. 23, 2008 at its plant located at 5959 Floraville Road. The defendant also failed to update the accident history as required by its Risk Management Plan. According to EPA, the release was caused by persons stealing the anhydrous ammonia for illegal methamphetamine production.
Under the terms of the settlement, the defendant paid a $5,500 penalty and has installed a $22,855 site security system.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Under the terms of the settlement, the defendant paid a $5,500 penalty and has installed a $22,855 site security system.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Thursday, April 1, 2010
Environmental Appeals Board Affirms $105,590 Penalty for Violations of Safe Drinking Water Act
On March 30th, the Environmental Appeals Board issued its opinion in In re Rocky Well Service, Inc., SDWA Appeal Nos. 08-03 & 08-04, which concerned defendants' operation of six underground injection wells in Clinton, Effingham, Jefferson and Wayne counties in Illinois. The Appeals Board is the final U.S. EPA decisionmaker on administrative appeals under all major environmental statutes that EPA administers.
In this case, EPA alleged that defendants failed to subject six Class II underground injection wells to mechanical integrity testing and failed to submit annual monitoring reports for the same six wells. An underground injection well is a device that places fluid deep underground into porous rock formations, such as sandstone or limestone, or into or below the shallow soil layer. These fluids may be water, wastewater, brine (salt water), or water mixed with chemicals. Underground injection wells have a range of uses that include waste disposal, enhancing oil production, mining, and preventing salt water intrusion. EPA regulates underground injection wells to prevent endangerment of drinking water sources.
The Regional Judicial Officer for EPA Region 5 assessed a joint civil penalty of $105,590 against both Rocky Well Service, which held the permit for the wells, and Edward Klockenkemper, who served as the President, Secretary, Treasurer, and Agent for, as well as conducting the day-to-day operations of, the corporation. The Appeals Board affirmed the Officer's order assessing the penalty. In particular, the Appeals Board held that "the scope of liability under both the [Safe Drinking Water Act] and the approved Illinois [Underground Injection Control] program is not, as Mr. Klockenkemper asserts, limited to permittees. Indeed . . . the Board finds that the applicable statutory and regulatory provisions unambiguously extend liability beyond permittees to a broad range of individuals, including individuals, such as Mr. Klockenkemper, acting on behalf of a corporation."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
In this case, EPA alleged that defendants failed to subject six Class II underground injection wells to mechanical integrity testing and failed to submit annual monitoring reports for the same six wells. An underground injection well is a device that places fluid deep underground into porous rock formations, such as sandstone or limestone, or into or below the shallow soil layer. These fluids may be water, wastewater, brine (salt water), or water mixed with chemicals. Underground injection wells have a range of uses that include waste disposal, enhancing oil production, mining, and preventing salt water intrusion. EPA regulates underground injection wells to prevent endangerment of drinking water sources.
The Regional Judicial Officer for EPA Region 5 assessed a joint civil penalty of $105,590 against both Rocky Well Service, which held the permit for the wells, and Edward Klockenkemper, who served as the President, Secretary, Treasurer, and Agent for, as well as conducting the day-to-day operations of, the corporation. The Appeals Board affirmed the Officer's order assessing the penalty. In particular, the Appeals Board held that "the scope of liability under both the [Safe Drinking Water Act] and the approved Illinois [Underground Injection Control] program is not, as Mr. Klockenkemper asserts, limited to permittees. Indeed . . . the Board finds that the applicable statutory and regulatory provisions unambiguously extend liability beyond permittees to a broad range of individuals, including individuals, such as Mr. Klockenkemper, acting on behalf of a corporation."
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Saturday, March 20, 2010
IDOT to Pay $100,000 to Settle Federal Enforcement Action
On March 18th, the U.S. Environmental Protection Agency announced the settlement of an enforcement action against the Illinois Department of Transportation concerning the Route 22/12 project in Lake Zurich, Illinois.
U.S. EPA alleged that IDOT violated water quality standards and failed to maintain proper erosion controls, conduct inspections, and maintain proper records. Under the terms of the settlement, IDOT corrected the problems at the site and paid a penalty of $100,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
U.S. EPA alleged that IDOT violated water quality standards and failed to maintain proper erosion controls, conduct inspections, and maintain proper records. Under the terms of the settlement, IDOT corrected the problems at the site and paid a penalty of $100,000.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Thursday, March 18, 2010
Settlement of Federal Enforcement Action Alleging Safe Drinking Water Violations
On March 16th, the U.S. Environmental Protection Agency provided notice in the Federal Register of the lodging of a consent decree in United States v. Evenhouse Enterprises, Inc., No. 10–CV–2056 (C.D. Ill.), which concerned two separate community water systems serving the Skyview subdivision mobile home park and the Windmill estate subdivision mobile home park, both of which are located in Kankakee County, Illinois. EPA alleged that the defendant failed to comply with the monitoring, reporting, public notification, and record-keeping requirements of the National Primary Drinking Water Regulations.
Under the terms of the consent decree, the defendant must must pay a total civil penalty of $20,000. Also, the defendant will be required to take samples from its public water system to monitor for various contaminants and provide the results to the EPA on a quarterly basis; to prepare and distribute Consumer Confidence Reports; to provide public notification of any violations found in its monitoring process; and to obtain a Responsible Person in Charge and Certified Operator for Skyview and Windmill.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
Under the terms of the consent decree, the defendant must must pay a total civil penalty of $20,000. Also, the defendant will be required to take samples from its public water system to monitor for various contaminants and provide the results to the EPA on a quarterly basis; to prepare and distribute Consumer Confidence Reports; to provide public notification of any violations found in its monitoring process; and to obtain a Responsible Person in Charge and Certified Operator for Skyview and Windmill.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
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