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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
AK	Anchorage	03/14/12	SGS North American, Inc.	Failure to comply with hazardous waste generator requirements. (RCRA)*	$1,500
AK	Fairbanks	03/12/12	Eielson Air Force Base	Failure to comply with universal waste management requirements. (RCRA)*	$45,700
ID	Jerome	03/16/12	Rite Stuff Foods, Inc.	Failure to comply with risk management program (RMP)* requirements for anhydrous ammonia.	$5,700
ID	Lapwai	03/15/12	Nez Perce Tribe Drinking Water Systems	Failure 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)
ID	Grand View	03/12/12	US 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
ID	Nezperce	03/06/12	Robert Branson	Failure to comply with EPA’s Federal Air Rules for Reservations (FARR)* resulting from agricultural burning above permitted levels.	$1,200
OR	Medford	03/29/12	NPK Industries, LLC	Failure to register three pesticides. (FIFRA)*	N/A (Stop Sale Order)
OR	Tigard	03/05/12	AG Specialties, LLC	Failure to properly label imported pesticides. (FIFRA)*	N/A (Stop Sale Order)
OR	Portland	02/28/12	Wilbur Ellis Company	Sale and distribution of misbranded pesticide products. (FIFRA)*	$50,320
OR	Nehalem	02/28/12	River End Dairy, LLC	Failures to comply with Clean Water Act (CWA)* permit requirements by discharging pollutants to waters of the United States.	$6,300
OR	Liberal	02/27/12	Sanders Wood Products, Inc.	Failures to properly manage PCBs, including failure to repair, replace, or contain leaking PCB transformers. (TSCA)*	$108,400
OR	Eugene	01/06/12	Forrest Paint Company	Failure to comply with risk management program (RMP)* requirements for propane.	$18,000
WA	Colville	03/29/12	Colville Post and Pole	Partial 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)
WA	Seattle	03/26/12	U.S. Department of Commerce – National Oceanic and Atmospheric Administration’s Western Regional Center	Failure to comply with hazardous waste generator and universal waste requirements. (RCRA)*	$2,250
WA	Moses Lake	02/17/12	J.R. Simplot Company	Failure to properly label pesticides. (FIFRA)*	N/A (Stop Sale Order)
WA	Centralia	02/16/12	TransAlta Centralia Generation, LLC	Failure to comply with requirements for the proper use and disposal of electrical transformers containing PCBs. (TSCA)*	$28,500
WA	White Swan	02/13/12	Fort Simcoe Job Corps Center’s Drinking Water System	Failure to conduct required monitoring and report violations to customers and EPA. (SDWA)*	N/A (Compliance Order)
WA	Harrah	02/07/12	Hush & 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
WA	Wapato	02/06/12	City of Wapato	Failure to comply with Clean Water Act requirements, primarily due to exceeding permit limits for ammonia. (CWA)*	$57,000
WA	Spokane	01/30/12	Spokane Tribe of Indians	Arsenic in drinking water above maximum contaminant levels at the Martha Boardman and Ford water systems. (SDWA)*	N/A (Administrative Order on Consent)
WA	Warden	01/17/12	Oregon Potato Company	Failure to report an ammonia release to the Washington Emergency Response Commission and the National Response Center. (EPCRA and CERCLA)*	$66,235
WA	Yakima	01/17/12	Yakama Tribal Gaming Corp dba Yakama Nation’s Legends Casino	Failure to discharge in compliance with a NPDES permit. (CWA)*	N/A (Compliance Order)
WA	Silverdale	01/11/12	U.S. Department of Navy – Naval Base Kitsap at Bangor	Failure to comply with underground storage tank requirements to detect or prevent releases to the environment. (RCRA)*	$160,756
WA	Wenatchee	01/11/12	Custom 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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