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Federal, state authorities levy more than $1 million in penalties against Philip Services Corp

Release Date: 8/7/2001
Contact Information: Mark MacIntyre
macintyre.mark@epamail.epa.gov
(206) 553-7302

August 7, 2001 - - - - - - - - - - - - 01-026

SEATTLE – The U.S. Environmental Protection Agency (EPA) and Washington Department of Ecology (Ecology) today levied more than $1 million in total penalties against Philip Services Corp. of Chicago for repeatedly mismanaging dangerous wastes at its four Puget Sound-area facilities.

Philip Services does business in Washington as Burlington Environmental Inc. It operates plants in Kent, Tacoma and Seattle’s Georgetown neighborhood that store, transfer and treat hazardous wastes.

The firm also runs a laboratory in Renton that analyzes the waste being handled in its operations. Its customers include hundreds of businesses and local government entities, such as the EPA and U.S. Department of Defense.

EPA determined that Philip Services failed to fulfill the conditions of its “corrective action” permit, which requires the company to undertake cleanup actions at its Seattle-Georgetown plant. The company is investigating the extent of benzene and solvent contamination resulting from past activities at the Georgetown facility.

Contamination under the community has reached an underground aquifer that drains to the Lower Duwamish waterway. EPA is overseeing the investigation and cleanup of the contaminant plume.

Philip Services’ failure to comply with stipulated cleanup requirements dates back several years, and EPA’s $774,000 penalty takes into account the length of time the company was out of compliance.

“Groundwater contamination is a very serious environmental threat,” said Rick Albright, director of EPA’s regional Office of Waste and Chemicals Management. “That’s why we require these kinds of businesses to monitor and protect nearby ground water. This company decided not to do that.”

The Department of Ecology’s actions are based on other repeated violations at the company’s Kent, Renton and Tacoma facilities. Ecology found:

· Incompatible wastes stored too close together, increasing the possibility of a chemical reaction.
· Waste materials improperly stored in areas not allowed under the company’s permit.
· Waste stored longer than legally allowed.
· Some employees were not properly trained to handle dangerous waste.
· Emergency response plans were inadequate or not being followed.

Ecology fined the Kent facility $114,000 and the Tacoma plant $66,000 for the violations. The agency also levied $50,000 in penalties for problems at Philip’s Renton laboratory.

“Any company that handles dangerous or toxic chemicals has a responsibility to ensure that its employees are properly trained and that tracking and storage requirements are followed so that people and the environment are not harmed,” said Greg Sorlie, who manages Ecology’s hazardous-waste program.

Under EPA rules, Albright said Philip Services risks having its facilities barred from receiving wastes. The goal is to avoid creating new Superfund cleanup sites by sending dangerous wastes only to facilities that are environmentally sound.

Ecology is concerned that an increasing number of waste handlers across the state are not complying with environmental requirements for managing waste. One company recently closed and abandoned its plants, forcing taxpayers and customers to pay cleanup costs. The agency is working on a program to ensure that firms operate safely and, if they decide to suspend their operations, pay the full cost of closure and cleanup.

“Our intent is not to drive this or any company out of business,” Sorlie said. “Our goal is to maintain an even playing field that protects the environment. Philip Services needs to follow the same regulations that apply to all waste-handling companies.”

He added that Ecology and EPA have met with company representatives to discuss the recurring compliance problems. Philip has made a commitment, he said, to work with the agencies to keep similar violations from occurring in the future.

Under federal law, Philip Services has 30 days to file a written answer to EPA’s complaint. Under state law, the company has 30 days to appeal Ecology’s action to the state Pollution Control Hearings Board.

Contacts: Curt Hart, Ecology Public Information Manager, 425-649-7009; Pager, 206-663-1785

Mark MacIntyre, EPA Public Affairs Officer, 206-553-7302; pager, 206-998-2061

Ecology’s Web site: http://www.ecy.wa.gov/
Complaint Details