The following excerpt is from the U.S. Department of Justice website:
Monday, December 12, 2011
“Tennessee Construction Company and Georgia Department of Transportation Agree to Pay $1.5 Million Penalty to Resolve Clean Water Act Violations
WASHINGTON – Wright Brothers Construction Co., of Charleston, Tenn., and the Georgia Department of Transportation (GDOT) have agreed to pay a $1.5 million penalty and spend more than $1.3 million to offset environmental damages to resolve alleged violations of the Clean Water Act (CWA), the Department of Justice and the Environmental Protection Agency (EPA) announced today. The civil penalty is one of the largest ever under the CWA provisions prohibiting the unauthorized discharge of dredged or fill material into waters of the United States.
The complaint alleges that between 2004 and 2007, Wright Brothers, with approval from GDOT, piped and buried all or portions of seven primary trout streams in violation of the CWA. Wright Brothers was hired by GDOT to dispose of excess soil and rock generated during two GDOT highway expansion projects in northeast Georgia. The contracts between GDOT and Wright Brothers specifically required Wright Brothers to obtain written environmental clearance from GDOT prior to using any site as a fill site. GDOT approved sites that included streams considered to be waters of the United States.
Burying and piping streams can destroy valuable aquatic habitat and threatens water quality. The reduced water quality may have adversely impacted downstream trout populations, which are a major recreational resource to the region. All of the streams that were filled are tributaries of either Lake Burton or Tallulah Falls Lake.
“Construction projects, including important expansions of highway infrastructure, must be conducted in full compliance with the Clean Water Act, which protects our nation’s waterways, aquatic habitats and recreational resources from harm,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “This settlement will restore and mitigate pollution of area streams for the benefit of the people of Georgia.”
“Dumping dirt and waste rock into our nation’s waters threatens water quality and aquatic habitats,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will restore damaged streams, protecting trout habitat and recreational opportunities for the people of northeastern Georgia.”
“Through this enforcement action, we are sending a strong message about the importance of protecting headwater streams in the Southeast,” said Gwendolyn Keyes Fleming, EPA Region 4 Regional Administrator. “The streams impacted by the violations are designated by the state of Georgia as primary trout streams, which provide essential cold water habitat for a variety of species, support the robust recreational fishing industry in north Georgia, and thereby impact the health and well-being of many families.”
In Atlanta, U.S. Attorney Sally Quillian Yates said, “The citizens of Rabun County deserve to have our tributaries and streams kept free of unauthorized fill material and similar pollutants. This significant monetary agreement underscores the commitment of this office and the Justice Department to our water supply, its life sources and the environment.”
Under the settlement, Wright Brothers and GDOT must perform injunctive relief measures, including purchasing 16,920 mitigation credits at an estimated retail cost of $1.35 million to offset the impacts to waters of the United States that cannot be restored. The credits must be purchased from mitigation banks servicing the area in which the violations occurred. A mitigation bank is a wetland, stream or other aquatic resource area that has been set aside for the purpose of providing compensation for impacts to aquatic resources that occurred under a federal, state or local permit.
Wright Brothers and GDOT will also remove piping from and restore the bed and bank of 150 feet of stream channel that was impacted from their disposal activities. The estimated cost of this work is $25,000. When complete, the restorative measures required under the settlement will mitigate the 2,800 feet of stream impacted by the CWA violations.
The settlement is subject to a 30 day comment period and final court approval.”
Showing posts with label CLEAN WATER VIOLATIONS. Show all posts
Showing posts with label CLEAN WATER VIOLATIONS. Show all posts
Monday, December 12, 2011
Saturday, December 10, 2011
BIG CORPORATION TO PAY FOR CLEAN WATER VIOLATIONS COVERING 5 STATES
The following is an excerpt from the SEC website:
Tuesday, November 29, 2011
“Lafarge North America Inc. Agrees to Pay $740,000 Penalty to Resolve Clean Water Act Violations in Five States
Ready-Mix Concrete Producer Agrees to Invest an Estimated $8 Million to Improve Environmental Compliance at 189 Similar Facilities in the U.S.
WASHINGTON – Lafarge North America Inc., one of the largest suppliers of construction materials in the United States and Canada, and four of its U.S. subsidiaries have agreed to resolve alleged Clean Water Act violations. The violations include unpermitted discharges of stormwater and failure to comply with stormwater permits at 21 stone, gravel, sand, asphalt and ready-mix concrete facilities in Alabama, Colorado, Georgia, Maryland and New York. Stormwater flowing over concrete manufacturing facilities can carry debris, sediment and pollutants including pesticides, petroleum products, chemicals and solvents, which can have a significant impact on water quality.
Lafarge will implement a nationwide evaluation and compliance program at 189 of its similar facilities in the United States to ensure they meet Clean Water Act requirements. Lafarge will also pay a penalty of $740,000 and implement two supplemental environmental projects, in which the company will complete conservation easements to protect approximately 166 acres in Maryland and Colorado. The value of the land has been appraised at $2.95 million. Lafarge will also implement one state environmentally beneficial project to support environmental training for state inspectors. The state project is valued at $10,000.
The comprehensive evaluation will include a compliance review of each facility’s permit, an inventory of all discharges to U.S. waters and identification of all best management practices in place. In addition, Lafarge must identify an environmental vice president responsible for coordinating oversight of compliance with stormwater requirements, at least two environmental directors and several environmental managers to oversee stormwater compliance at each operation, and an onsite operations manager at each facility. The U.S. estimates that Lafarge will spend approximately $8 million over five years to develop and maintain this compliance program.
The company will also develop and implement an extensive management, training, inspection and reporting system to increase oversight of its operations and compliance with stormwater requirements at all facilities that it owns and/or operates .
“Owners and operators of industrial facilities must take the necessary measures to comply with stormwater regulations under the Clean Water Act, which protects America’s rivers, lakes and sources of drinking water from harmful contamination,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The system-wide management controls and training that this settlement requires from Lafarge and its subsidiaries will result in better management practices and a robust compliance program at hundreds of facilities throughout the nation that will prevent harmful stormwater runoff.”
“EPA is committed to protecting America’s waters from polluted stormwater runoff,” said Cynthia Giles, Assistant Administrator for the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance. “Today’s settlement will improve stormwater management at facilities across the nation, preventing harmful pollutants from being swept into local waterways.”
The complaint, filed in federal court with the settlement, alleges a pattern of violations since 2006 that were discovered after several federal inspections at the company’s facilities. The alleged violations included unpermitted discharges, violations of effluent limitations, inadequate management practices, inadequate or missing records and practices regarding stormwater compliance and monitoring, inadequate discharge monitoring and reporting, inadequate stormwater pollution prevention plans and inadequate stormwater training.
The Clean Water Act requires that industrial facilities, such as ready-mix concrete plants, sand and gravel facilities and asphalt batching plants, have controls in place to prevent pollution from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants.
Since being notified of the violations by EPA, the company has made significant improvements to its stormwater management systems.
The settlement is the latest in a series of federal enforcement actions to address stormwater violations from industrial facilities and construction sites around the country. The states of Maryland and Colorado are co-plaintiffs and have joined the proposed settlement.
Lafarge is required to pay the penalty within 30 days of the court’s approval of the settlement.”
Tuesday, November 29, 2011
“Lafarge North America Inc. Agrees to Pay $740,000 Penalty to Resolve Clean Water Act Violations in Five States
Ready-Mix Concrete Producer Agrees to Invest an Estimated $8 Million to Improve Environmental Compliance at 189 Similar Facilities in the U.S.
WASHINGTON – Lafarge North America Inc., one of the largest suppliers of construction materials in the United States and Canada, and four of its U.S. subsidiaries have agreed to resolve alleged Clean Water Act violations. The violations include unpermitted discharges of stormwater and failure to comply with stormwater permits at 21 stone, gravel, sand, asphalt and ready-mix concrete facilities in Alabama, Colorado, Georgia, Maryland and New York. Stormwater flowing over concrete manufacturing facilities can carry debris, sediment and pollutants including pesticides, petroleum products, chemicals and solvents, which can have a significant impact on water quality.
Lafarge will implement a nationwide evaluation and compliance program at 189 of its similar facilities in the United States to ensure they meet Clean Water Act requirements. Lafarge will also pay a penalty of $740,000 and implement two supplemental environmental projects, in which the company will complete conservation easements to protect approximately 166 acres in Maryland and Colorado. The value of the land has been appraised at $2.95 million. Lafarge will also implement one state environmentally beneficial project to support environmental training for state inspectors. The state project is valued at $10,000.
The comprehensive evaluation will include a compliance review of each facility’s permit, an inventory of all discharges to U.S. waters and identification of all best management practices in place. In addition, Lafarge must identify an environmental vice president responsible for coordinating oversight of compliance with stormwater requirements, at least two environmental directors and several environmental managers to oversee stormwater compliance at each operation, and an onsite operations manager at each facility. The U.S. estimates that Lafarge will spend approximately $8 million over five years to develop and maintain this compliance program.
The company will also develop and implement an extensive management, training, inspection and reporting system to increase oversight of its operations and compliance with stormwater requirements at all facilities that it owns and/or operates .
“Owners and operators of industrial facilities must take the necessary measures to comply with stormwater regulations under the Clean Water Act, which protects America’s rivers, lakes and sources of drinking water from harmful contamination,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The system-wide management controls and training that this settlement requires from Lafarge and its subsidiaries will result in better management practices and a robust compliance program at hundreds of facilities throughout the nation that will prevent harmful stormwater runoff.”
“EPA is committed to protecting America’s waters from polluted stormwater runoff,” said Cynthia Giles, Assistant Administrator for the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance. “Today’s settlement will improve stormwater management at facilities across the nation, preventing harmful pollutants from being swept into local waterways.”
The complaint, filed in federal court with the settlement, alleges a pattern of violations since 2006 that were discovered after several federal inspections at the company’s facilities. The alleged violations included unpermitted discharges, violations of effluent limitations, inadequate management practices, inadequate or missing records and practices regarding stormwater compliance and monitoring, inadequate discharge monitoring and reporting, inadequate stormwater pollution prevention plans and inadequate stormwater training.
The Clean Water Act requires that industrial facilities, such as ready-mix concrete plants, sand and gravel facilities and asphalt batching plants, have controls in place to prevent pollution from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants.
Since being notified of the violations by EPA, the company has made significant improvements to its stormwater management systems.
The settlement is the latest in a series of federal enforcement actions to address stormwater violations from industrial facilities and construction sites around the country. The states of Maryland and Colorado are co-plaintiffs and have joined the proposed settlement.
Lafarge is required to pay the penalty within 30 days of the court’s approval of the settlement.”
Thursday, August 11, 2011
DOW CHEMICAL TO PAY $2.5 MILLION FOR ENVIRONMENTAL VIOLATIONS AT MIDLAND MICHIGAN PLANT
The following is an excerpt from an EPA e-mail distributed to subscribers:
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice today announced that Dow Chemical Company (Dow) has agreed to pay a $2.5 million civil penalty to settle alleged violations of the Clean Air Act, Clean Water Act and the Resource Conservation and Recovery Act (RCRA) at its chemical manufacturing and research complex in Midland, Mich.
“Communities near large industrial facilities depend on EPA to enforce our nation’s environmental laws and protect public health and the environment,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement with Dow will reduce the potential for future violations and protect communities from emissions of hazardous air pollutants.”
"This compliance program should serve as a model for industry and will go a long way to assure future violations will not happen again at this facility,”said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. “Dow worked cooperatively with the government to resolve this matter and in doing so set an example for responsible compliance with our nation’s environmental laws.”
In addition to paying a penalty, Dow will implement a comprehensive program to reduce emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) from leaking equipment such as valves and pumps. These emissions – known as fugitive emissions because they are not discharged from a stack but rather leak directly from equipment – are generally controlled through work practices, such as monitoring for and repairing leaks. The settlement requires Dow to implement enhanced work practices, including more frequent leak monitoring, better repair practices, and innovative new work practices designed to prevent leaks. In addition, the enhanced program requires Dow to replace valves with new “low emissions” valves or valve packing material, designed to significantly reduce the likelihood of future leaks of VOCs and HAPs.
According to the 24-count complaint, filed simultaneously with the settlement today in the Eastern District of Michigan, Dow allegedly violated Clean Air Act requirements for monitoring and repairing leaking equipment, for demonstrating initial and continuous compliance with regulations applicable to chemical, pharmaceutical and pesticide plants, and for failing to comply with reporting and recordkeeping requirements. The complaint also asserts that Dow violated the Clean Water Act’s prohibition against discharging pollutants without a permit and violated the Resource Conservation and Recovery Act’s requirements for hazardous waste generators.
The consent decree is subject to a 30-day comment period and final approval by the court.”
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice today announced that Dow Chemical Company (Dow) has agreed to pay a $2.5 million civil penalty to settle alleged violations of the Clean Air Act, Clean Water Act and the Resource Conservation and Recovery Act (RCRA) at its chemical manufacturing and research complex in Midland, Mich.
“Communities near large industrial facilities depend on EPA to enforce our nation’s environmental laws and protect public health and the environment,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement with Dow will reduce the potential for future violations and protect communities from emissions of hazardous air pollutants.”
"This compliance program should serve as a model for industry and will go a long way to assure future violations will not happen again at this facility,”said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. “Dow worked cooperatively with the government to resolve this matter and in doing so set an example for responsible compliance with our nation’s environmental laws.”
In addition to paying a penalty, Dow will implement a comprehensive program to reduce emissions of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) from leaking equipment such as valves and pumps. These emissions – known as fugitive emissions because they are not discharged from a stack but rather leak directly from equipment – are generally controlled through work practices, such as monitoring for and repairing leaks. The settlement requires Dow to implement enhanced work practices, including more frequent leak monitoring, better repair practices, and innovative new work practices designed to prevent leaks. In addition, the enhanced program requires Dow to replace valves with new “low emissions” valves or valve packing material, designed to significantly reduce the likelihood of future leaks of VOCs and HAPs.
According to the 24-count complaint, filed simultaneously with the settlement today in the Eastern District of Michigan, Dow allegedly violated Clean Air Act requirements for monitoring and repairing leaking equipment, for demonstrating initial and continuous compliance with regulations applicable to chemical, pharmaceutical and pesticide plants, and for failing to comply with reporting and recordkeeping requirements. The complaint also asserts that Dow violated the Clean Water Act’s prohibition against discharging pollutants without a permit and violated the Resource Conservation and Recovery Act’s requirements for hazardous waste generators.
The consent decree is subject to a 30-day comment period and final approval by the court.”
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