The Performance Operating Company Fined for Violating the Clean Water Act

Press release:

The Performance Operating Company Fined for Violating the Clean Water Act

(DALLAS – September 5, 2012) The Environmental Protection Agency has fined the Performance Operating Company, LLC, of Bartlesville, Oklahoma, $3,250 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities.

A June 28, 2012, EPA inspection at the company’s North Kane Tank Battery in Osage County, Oklahoma, found the facility’s SPCC plan had inadequate or no facility diagram, no listing of type of oil and storage capacity layout of containers, and the plan did not discuss nor implement appropriate containment and diversionary structures and equipment. The inspection also revealed the field drainage system, oil traps and skimmers were not regularly inspected and oil not promptly removed. The fine for the violations at the North Kane Tank Battery was $1,750.

A second EPA inspection on June 28, 2012, found the company’s #4A SWD facility in Osage County had no SPCC plan as required by federal regulations. The fine for the absence of an SPCC plan was $1,500.

As part of an Expedited Settlement Agreement with the EPA, the company has provided certification that all identified deficiencies have been corrected at both facilities.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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International Builder and DC-based Subsidiary Agree to Pay $270,000 to Settle Stormwater Violations at Construction Sites

Press release:

International Builder and DC-based Subsidiary Agree to Pay $270,000

to Settle Stormwater Violations at Construction Sites

 

(PHILADELPHIA, August 29, 2012) Turner Construction Co., an international builder based in New York City, and its subsidiary Tompkins Builders, Inc. of Washington, D.C., have agreed to pay $270,000 in civil penalties for alleged violations of federal stormwater regulations at construction sites throughout the mid-Atlantic region, the U.S. Environmental Protection Agency announced today.    

On August 27, 2012 EPA filed two Consent Agreements and Final Orders alleging that Turner and Tompkins violated their Clean Water Act permits allowing for the discharge of stormwater from construction sites, and in other instances discharged construction stormwater without permits. The alleged violations occurred at 17 construction sites the companies operated in Maryland, Virginia, Pennsylvania and Washington, D.C. Fifteen of these sites are located in the Chesapeake Bay watershed and two are in the Delaware River watershed (see attached list of construction sites).

Turner and Tompkins operated these sites for clients including federal and local governments, the Department of Defense, universities and other organizations. A construction project at Prince George’s Community College Center for Health Studies is among them, in which case unfiltered basin water flowed, absent a permit, to the storm sewer system that discharges to the Western Branch of the Patuxent River.

In the mid-Atlantic region, Virginia, Maryland, and Pennsylvania are authorized to issue CWA stormwater permits with oversight from EPA; stormwater permits in the District of Columbia are issued by EPA.

In general, the permits in this case required the companies to install controls to prevent pollutants, such as sediment, debris, and chemicals, from being discharged in stormwater into nearby waterways. These controls may include common-sense safeguards such as silt fences, phased site grading and sediment basins to prevent construction contaminants from polluting waterways.

EPA’s complaint includes allegations that at various sites the companies failed to:

•     Perform or properly document required site inspections;
•     Maintain structures and controls designed to prevent polluted stormwater from reaching streams; and,
•     Obtain CWA Permits prior to beginning construction.  

EPA worked closely with state and local environmental agencies to detect and resolve these violations. State and local personnel conducted numerous field inspections, and the agencies shared technical and legal expertise. EPA required Turner and Tompkins to provide extensive documentation concerning their construction activities at numerous locations.
In addition to paying civil penalties, Turner and Tompkins entered into an earlier settlement requiring the companies to implement a program to assure future compliance with federal construction stormwater requirements.
As part of the settlement, the companies did not admit liability for the alleged violations. To view a copy of the consent agreement http://www.epa.gov/reg3wapd/npdes/enforcement.html.

To learn more about EPA’s stormwater management program, http://www.epa.gov/npdes/stormwater.

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Turner/Tompkins Construction Sites where stormwater violations occurred:

Facilities Covered	Facility Address
Sustainment Center for Excellence	Corner of Lee Avenue and A Avenue, Fort Lee, VA 23801
Langley Air Force Base Hospital Addition	63 Pine Road, Langley Air Force Base, VA 23665
Warrenton Training Center, Station C Firing Range	Summerduck Road, Remmington, VA
Building B-70 Warrenton Training Center	Bearwallow Road, Warrenton VA
D.C. Youth Center, Laurel, MD	8100 Main Ave, Laurel, Md 20724
Hershey Expansion Project	Hershey, PA
Martin Luther King Memorial	Ind Avenue, and West Basin Drive, SW, Washington, DC 20001
Fort Belvoir Community Hospital	Building R1450, 9025 Richmond Hwy, Fort Belvoir 22314
Prince George’s Community College Center for Health Studies	301 Hay Road, Largo, MD 20774
TRADOC Headquarters	Murphy Field, Fort Eustis, VA 23604
Franklin & Marshall University Race Street Parking Lot	415 Harrisburg Avenue, Lancaster, PA 17603
Army National Guard Readiness Center	111 S George Mason Dr., Arlington, VA 22204
Drexel University Integrated Sciences Building	33rd and Chestnut St, Philadelphia, PA 19104
FDA Consolidation at White Oak – Buildings 31 & 32	10903 New Hampshire Avenue, Silver Spring, MD 20993
Penn Park Complex	299 South 30th St. Philadelphia, PA 19104
Salamander Resort and Spa	23325 Foxcroft Rd, Middleburg, VA 20117
C4ISR Center for Excellence	2201 Averdeen Blvd. Aberdeen Proving Ground, MD 21010

Stone Energy Corporation Fined for Violating the Clean Water Act

Press release:

Stone Energy Corporation Fined for Violating the Clean Water Act

(DALLAS – August 24, 2012) The Environmental Protection Agency has fined the Stone Energy Corporation of Plaquemines Parish, Louisiana, $7,055 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the federal Clean Water Act.

A January 25, 2012, EPA inspection of its Main Pass 21 oil production facility located in Venice, Louisiana, revealed the facility had failed to conduct inspections in accordance with SPCC regulations. The inspection also found the facility’s SPCC plan did not discuss flowline high pressure devices and well shut-in valves as well as adequate protection of sub-marine piping against environmental stresses.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Clean Water Act Settlement Ensures That Boston Racetrack Addresses Wastewater and Stormwater Discharges

Press release:

FOR IMMEDIATE RELEASE
August 22, 2012

Clean Water Act Settlement Ensures That Boston Racetrack Addresses Wastewater and Stormwater Discharges

WASHINGTON – U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Sterling Suffolk Racecourse LLC will pay a civil penalty of $1.25 million to resolve violations of the Clean Water Act (CWA) at its Suffolk Downs racetrack facility in Revere and East Boston, Mass. The company is also spending more than $3 million to prevent polluted water from entering nearby waterways and will perform three environmental projects worth approximately $742,000 that will provide water quality monitoring and protection efforts for more than 123 square miles of watershed. The terms of the settlement are contained in a consent decree lodged in federal court in Boston today.

The federal complaint alleges that Suffolk allowed polluted wastewater, including horse manure, urine and bedding material, to discharge into Sales Creek, a tributary of Belle Isle Inlet and Boston Harbor. In addition, the federal complaint alleges that Suffolk operated its concentrated animal feeding operation (CAFO), which stables race horses from March through November, without a permit under the CWA.

“This settlement reduces a major source of pollution into Boston Harbor,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the settlement’s environmental projects include monitoring water quality in the harbor’s watershed, helping to protect a valuable urban waterway for the use and enjoyment of Boston area residents and visitors.”

“Today’s agreement will prevent further discharges of wastewater from Suffolk Downs into local waterways and will bring the racetrack into compliance with the Clean Water Act, which protects America’s streams, wetlands and rivers from the impacts of Concentrated Animal Feeding Operations,” said Ignacia S. Moreno, assistant attorney general of the Environment and Natural Resources Division of the Department of Justice. “The settlement also brings lasting benefits to residents and the environment by requiring water quality monitoring in the Mystic and Saugus river watersheds and a salt marsh habitat protection project near the racetrack.”

In response to EPA’s enforcement at this facility, Suffolk is completing construction of a wastewater collection system, is making improvements to its stormwater collection system and has applied for a National Pollutant Discharge Elimination System (NPDES) permit. Suffolk will minimize the volume of and properly manage the wastewater it produces, which will now be collected in a detention pond and discharged during non-peak hours to the sanitary sewer system. Suffolk will also implement green infrastructure and low impact development techniques to address stormwater discharges from the racetrack and maintenance areas of the facility. These techniques involve the use of natural or engineered systems to direct stormwater to areas where it can be stored, infiltrated, evapotranspirated, or reused.

EPA inspections revealed that Suffolk Down’s process wastewater discharged from the facility to Sales Creek during dry and wet weather. EPA inspectors observed stormwater contaminated with manure and turbid, brown runoff being discharged from the facility to Sales Creek. Sampling conducted at various outfalls discharging from the Suffolk Downs facility indicated elevated levels of pollutants, including ammonia, suspended solids and bacteria. Animal wastes contain excessive levels of nutrients and pathogens, which produce adverse environmental impacts including reduction of oxygen in the water, which affects aquatic life.

Suffolk will undertake three supplemental environmental projects under this settlement, including two water quality monitoring projects and one habitat protection project. Suffolk will work with the Mystic River Watershed Association (MyRWA) to conduct monthly baseline and targeted water quality sampling throughout the Mystic River watershed and will work with the Saugus River Watershed Council (SRWC) to conduct a Saugus River watershed sampling program. Both the Mystic River watershed and Saugus River watershed data will be available to the public for free on the MyRWA and SRWC websites. Suffolk will also construct a habitat protection boardwalk in the Belle Isle Marsh, which is immediately downstream of the Suffolk Downs facility and represents one of the largest remaining areas of salt marsh in Boston Harbor. The Belle Isle Marsh encompasses 275 acres of salt marsh, salt meadow, and tidal flats, and is part of the Rumney Marsh Area of Critical Environmental Concern (ACEC).

Preventing animal waste from contaminating surface and ground waters of the United States is one of EPA’s National Enforcement Initiatives for 2011-2013.The initiative focuses on large and medium sized CAFOs that are discharging pollution without or in violation of a permit.

The consent decree is subject to a 30-day public comment period and approval by the federal court.

More information: http://www.epa.gov/compliance/resources/cases/civil/cwa/sterlingsuffolk.html


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Petco Petroleum Corporation Fined for Violating the Clean Water Act

Press release:

Petco Petroleum Corporation Fined for Violating the Clean Water Act

(DALLAS – August 22, 2012) The Environmental Protection Agency has fined the Petco Petroleum Corporation of Hinsdale, Illinois, $3,650 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A March 31, 2012, EPA inspection of its Jemima Richard oil production facility located on Highway 33 in Drumright, Creek County, Oklahoma, revealed personnel working at the facility had no training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, or training on applicable pollution control laws, rules and regulations. The inspection also found spill prevention briefings were not scheduled and conducted periodically, visual inspections of containers, foundation and supports were not conducted as required by SPCC regulations and above ground valves and pipelines were not examined on a scheduled basis for general condition.

As part of an Expedited Settlement Agreement with the EPA, the facility has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Breck Operating Corporation Fined for Violating the Clean Water Act

Press release:

Breck Operating Corporation Fined for Violating the Clean Water Act

(DALLAS – August 15, 2012) The Environmental Protection Agency has fined the Breck Operating Corporation of Breckenridge, Texas, $2,250 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities.

On June 7, 2012, an EPA inspection at the facilities found numerous violations including; inadequate or no description of drainage controls, no information and procedures for reporting a discharge and inadequate discussion of spill prevention procedures. The inspections also revealed the facilities had no facility diagram, no contingency plan and no written commitment of manpower, equipment and materials.

The facilities inspected and fined were:

G.H. Newsom oil production facility, Jack County, Texas, $1,125

J. H. Holden oil production facility, Jack County, Texas, $1,125

As part of an Expedited Settlement Agreement with the EPA, the corporation has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Cox Operating, LLC, Fined for Violating the Clean Water Act

Press release:

Cox Operating, LLC, Fined for Violating the Clean Water Act

(DALLAS – August 10, 2012) The Environmental Protection Agency has fined Cox Operating, LLC, of New Orleans, Louisiana, $29,400 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities in Louisiana.

A January 24, 2012, inspection at the facilities found numerous violations including failure to conduct adequate self-inspections as required by SPCC regulations, failure to provide adequate documentation of SPCC training and failure to provide adequate secondary containment and oil collection equipment.

The oil production facilities inspected and fined were:

Chandler Sound Block 71 Facility, St. Bernard Parish, Louisiana, $20,300

Eloi Bay Central Facility, St. Bernard Parish, Louisiana, $9,100

SPCC regulations require onshore production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Martin Operating Partnership in Cameron Parish, Louisiana, Fined for Violating the Clean Water Act

Press release:

Martin Operating Partnership in Cameron Parish, Louisiana,

Fined for Violating the Clean Water Act

(DALLAS – August 2, 2012) The U.S. Environmental Protection Agency has fined Martin Operating Partnership in Cameron, Louisiana, $14,400 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A February 28, 2012, federal inspection of the partnership’s Cameron 7 Terminal located in Cameron Parish, Louisiana, revealed the facility failed to properly manage retained stormwater from inside diked areas and failed to keep the diked area rainwater bypass valve in a closed and sealed position. The inspection also found the terminal’s SPCC plan failed to provide an adequate schedule for tank integrity testing, and the required facility diagram failed to list all oil tankage at the terminal.

SPCC regulations require onshore oil production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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EPA Public Hearing on Wetland Fill Permit Application for County Road 595 in Marquette, Michigan

Press release:

For Immediate Release              No. 12-OPA 058

EPA Public Hearing on Wetland Fill Permit Application for County Road 595 in Marquette, Michigan

CHICAGO (July 30, 2012) – The U.S. Environmental Protection Agency will hold a public hearing on August 28th to take comments on the Marquette County Road Commission’s application for a wetland fill permit for the construction of County Road 595. EPA scheduled the hearing at the request of the Michigan Department of Environmental Quality.

The Road Commission has proposed a new 21.5-mile primary county road, running north-south between U.S. Highway 41 and County Road Triple A, through Champion, Ely, Humbolt and Michigamme Townships. According to the application, construction would affect 25.81 acres of wetlands and would require the building of 22 stream crossings.

MDEQ has the authority to issue permits for projects under Section 404 of the Clean Water Act for wetlands, lakes and streams. EPA’s role is to ensure that proposed projects comply with federal guidelines. At the hearing, EPA will take comments on two issues: (1) whether there are practical, alternate routes for the road which would have less impact on aquatic resources; and (2) proposals to mitigate damage to wetlands and streams.

Oral and written comments will be taken at the public hearing. EPA will hold an informational question-and-answer session immediately before the public hearing -- at 6 p.m. on Aug. 28. The public hearing begins at 7 p.m. Both will be held at Northern Michigan University, Don H. Bottums University Center, Ontario/Michigan/Huron Rooms, 1401 Presque Isle Ave., Marquette.

The public comment period started on July 27 and concludes on Sept. 4, 2012. Comments should be addressed to Melanie Haveman, U.S. EPA (WW-16J), 77 W. Jackson Blvd., Chicago, IL 60604-3590 or r5_cr595_comments@epa.gov. For questions or additional information, call EPA toll-free at 800-621-8431, 9:30 a.m. to 5:30 p.m.,week days. Related documents and information about the public hearing are available on EPA’s website at www.epa.gov/region5/water/cr595.

The official records are also available at the Ishpeming Carnegie Public Library, 317 N. Main St., Ishpeming.

US and Tennessee Announce Clean Water Act Agreement With the City Of Chattanooga

FOR IMMEDIATE RELEASEJuly 17, 2012


US and Tennessee Announce Clean Water Act Agreement With the City Of Chattanooga
WASHINGTON – The U.S. Environmental Protection Agency (EPA), the Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced today a comprehensive Clean Water Act settlement with the city of Chattanooga, Tenn. Chattanooga has agreed to pay a $476,400 civil penalty and make improvements to its sewer systems, estimated by the city at $250 million, to eliminate unauthorized overflows of untreated raw sewage. Chattanooga also has agreed to implement a green infrastructure plan and perform an $800,000 stream restoration project.  
“The EPA is working with communities across the country to address sewage overflows that impact the health of residents and impair local water quality,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement with the city of Chattanooga will rehabilitate their aging sewer system and promote innovative green infrastructure efforts to reduce stormwater runoff, while increasing green space in communities.” 

“Chattanooga residents will enjoy public health and environmental benefits for years to come as a result of the improvements required by this settlement agreement. The agreement prioritizes neighborhood sewer rehabilitation projects and utilizes innovative stormwater controls in the urban core, reducing sewer overflows and overall reducing threats to public health posed by untreated sewage,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “This is another example of how we are working toward the goal of clean water for all communities through the vigorous enforcement of the Clean Water Act throughout the United States.”
A consent decree, filed today in U.S. District Court for the Eastern District of Tennessee in Chattanooga, represents the combined efforts of the United States and the state of Tennessee, co-plaintiffs in this settlement, and of the Tennessee Clean Water Network, a citizens’ plaintiff in this action.  The consent decree resolves claims for injunctive relief and civil penalties for Chattanooga’s alleged violations of the Clean Water Act and the Tennessee Water Quality Control Act.
The proposed consent decree will require Chattanooga to comprehensively assess and rehabilitate its entire sewer collection system to eliminate overflows of untreated raw sewage. Specifically, Chattanooga will perform rehabilitation projects to address known problems within the collection system; implement programs to ensure proper management, operation and maintenance of its sewer systems; and install additional controls on the Chattanooga Creek combined sewer outfalls to ensure compliance with water quality standards.
Prior to finalizing the proposed consent decree, the city, along with EPA and the Tennessee Department of Environment and Conservation, held two public meetings to provide information regarding the sewer system and to seek community input regarding the impact that sewer overflows were having in the community. 
Chattanooga has also agreed to perform a stream restoration supplemental environmental project at a cost of $800,000 in the 3800 Block of Agawela Drive, to restore the stream and stabilize the banks of a tributary of the South Chickamauga Creek and eliminate a significant source of sediment and solids to the creek. Half of the civil penalty will be paid to the United States.  At the direction of the state, the other half of the civil penalty will be paid by Chattanooga through the performance of green infrastructure demonstration projects in the historic downtown Highland Park neighborhood to, among other things, improve water quality in the Dobbs Branch stream, which flows into Chattanooga Creek. Green infrastructure involves the use of soils, vegetation and natural processes to store, infiltrate and evaporate storm water to prevent it from getting into the sewer system.

Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of the EPA’s national enforcement initiatives for 2011 to 2013. The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining commitments from municipalities to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.

The United States has reached similar agreements with municipalities across the country, including the following in the Southeast: Mobile and Jefferson County (Birmingham), Ala.; Atlanta and Dekalb County, Ga.; Knoxville and Nashville, Tenn.; Miami-Dade County, Fla.; and Northern Kentucky Sanitation District #1 and Louisville, Ky.
The proposed consent decree with Chattanooga is subject to a 30-day public comment period and final court approval before becoming effective. 

More information about the settlement:
http://www.epa.gov/compliance/resources/cases/civil/cwa/cityofchattanooga.html


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US Liquids of Louisiana, LP, Fined for Violating the Clean Water Act

US Liquids of Louisiana, LP, Fined for Violating the Clean Water Act

(DALLAS – July 17, 2012) The Environmental Protection Agency has fined US Liquids of Louisiana, LP, of Jennings, Louisiana, $13,552 for violating Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A federal inspection of the company’s Bateman Island marine terminal in St. Mary Parish revealed the terminal’s SPCC plan failed to provide a prediction of equipment failures that could result in discharges, personnel working at the facility had no training on the operation and maintenance of equipment to prevent discharges, and facility inspections had not been conducted.

The company also failed to schedule periodic spill prevention briefings, address secondary containment of truck loading, unloading and transfer areas, and to regularly inspect above-ground valves, piping and joints.

SPCC regulations require onshore production or bulk storage facilities to provide oil spill prevention, preparedness and response to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Enterprise Crude Pipeline Fined for Oil Spill in Scurry County, Texas

Press release:

Enterprise Crude Pipeline Fined for Oil Spill in Scurry County, Texas

(DALLAS – July 16, 2012) The Environmental Protection Agency has fined Enterprise Crude Pipeline of Houston, Texas, $5,000 for violating the federal Clean Water Act. Today’s announcement settles a Clean Water Act violation for a 4,200 gallon oil spill into Bull Creek, a tributary of the Colorado River, and adjoining shorelines in Scurry County, Texas. As part of an Expedited Settlement with the EPA, the company has certified it has investigated the cause of the oil spill, cleaned up the oil spill and has taken corrective actions that will prevent future spills.

The Clean Water Act prohibits the discharge of oil or a hazardous substance into or upon the navigable waters of the United States or adjoining shorelines in such quantities that have been determined may be harmful to public health. The EPA is charged with enforcing the Act and ensuring that public health and the environment are protected from harmful impacts of these violations.

More about activities is EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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A New USDA Funded Wastewater Treatment Facility Protects the Upper St. Croix Watershed in Wisconsin

Post from the USDA blog.  To view the post, click the link below:

http://blogs.usda.gov/2012/05/11/a-new-usda-funded-wastewater-treatment-facility-protects-the-upper-st-croix-watershed-in-wisconsin/#more-40065

City of Unalaska Agrees to Extensive Sewer System Upgrade in Federal Settlement

City of Unalaska Agrees to Extensive Sewer System Upgrade in Federal Settlement

 Contacts: DOJ (202) 514-2007; EPA (202) 564-4355; TDD (866) 544-5309; TDD (202) 514-1888; www.justice.gov

WASHINGTON – The city of Unalaska, Alaska, will undertake a major upgrade of its municipal sewage treatment plant under a settlement of a Clean Water Act enforcement action filed against the city and the state of Alaska by the Department of Justice on behalf of the Environmental Protection Agency (EPA).

Under the proposed settlement, Unalaska will spend at least $18 million to upgrade its treatment plant over the next three years to meet the requirements of its current National Pollution Discharge Elimination System (NPDES) permit, which was issued by EPA under the Clean Water Act. The city has also committed to adhere to fecal coliform limits that are 50 times more stringent than the current permit’s limits.

The Clean Water Act lawsuit, filed in June 2011, alleged that the city continually violated its NPDES permit by discharging pollutants into South Unalaska Bay in excess of discharge permit limits. According to monitoring reports that the City is required to file with EPA, Unalaska’s treatment plant had more than 5,500 violations of permit limits between October 2004 and September 2011, including discharges of harmful fecal coliform bacteria that were often more than double the permit limit.

The treatment plant upgrade will significantly reduce the level of pollution, including fecal coliform bacteria, being discharged into Unalaska Bay, which is part of the Bering Sea. The city will also pay a $340,000 penalty for past NPDES permit violations.

“This agreement will result in cleaner water in Unalaska Bay, which is home to a vital commercial fishery as well as protected wildlife,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Unalaska residents and the fishermen who depend on the Bay will be the beneficiaries of this agreement for many years to come.”

Edward Kowalski, director of EPA’s Office of Compliance and Enforcement in Seattle, noted that today’s agreement paves the way for a long-overdue enhancement of the City’s primary wastewater treatment process.

“Today’s settlement represents an investment in Unalaska’s future,” said EPA’s Kowalski. “By agreeing to modernize its wastewater treatment plant, the City of Unalaska will help protect the waters of Unalaska Bay and meet current discharge permit limits.”

With a year-round population of approximately 4,400, Unalaska (commonly known as Dutch Harbor), is Alaska’s 11th largest city. Lying roughly 800 miles southwest of Anchorage in the Aleutian Island chain, Dutch Harbor serves as homeport to one of the nation’s most productive commercial fishing fleets, supporting both industrial-scale fishing and fish processing. During the height of the fishing season, Unalaska’s population more than doubles, reaching as high as 10,000.

Unalaska Bay is protected for a number of uses, including boating, recreational and commercial fishing, and shellfish harvest. It also provides habitat for several endangered or threatened species, including northern sea otters and Steller’s eiders, a species of sea duck. However, the Bay is currently listed as an impaired water-body, which means it fails to meet state water quality standards.

As required by the Clean Water Act, the State of Alaska must be a party to this action. The Department of Justice will be taking public comment on the settlement for a period of 30-days from publication of a notice of the settlement, which should appear shortly in the Federal Register. After resolution of all comments received, the settlement will be entered in federal court. It will take effect on the day it is entered by the court. A copy of the settlement agreement can be obtained at: www.justice.gov/enrd/Consent_Decrees.html.

Crowds fill downtown for St. Patrick's Day

Do you suppose they had an NPDES permit to turn the Chicago River green?

Crowds fill downtown for St. Patrick's Day

News Release from EPA - Armstrong Envtl. Svc.

Armstrong Environmental Services to Pay $35,000 Penalty for Clean Water Act Violations at Lancaster, Pa. Facility 

(PHILADELPHIA – March 1, 2012) The U.S. Environmental Protection Agency today announced a settlement with Armstrong Environmental Services (AES) over alleged Clean Water Act violations at the company’s waste processing and disposal facility in Lancaster, Pa. AES agreed to pay a $35,000 penalty for allegedly exceeding permit limits when discharging industrial wastewater pollutants to the City of Lancaster Wastewater Treatment Plant in Lancaster County, Pa. The settlement also requires the company take actions to minimize the likelihood of future violations.

EPA’s complaint alleged AES exceeded its pretreatment permit discharge limits for pollutants oil and grease, pH and copper for a period of five-years. As part of the settlement, AES did not admit liability for the alleged violations, but has certified that it is now in compliance with applicable Clean Water Act requirements.
 The Clean Water Act requires companies discharging pollutants to publicly owned wastewater treatment works (POTWs) to obtain a permit from the POTW limiting the amount of pollution that may be discharged to the plant. This usually requires some type of pretreatment by the discharging facility.

Pretreatment permit limits for pollutants are established in order to prevent impairment of waterways, either as a result of pollutants passing through the POTW -- or interference with the functioning of the treatment plant.

For more information about pretreatment requirements visit:

http://cfpub.epa.gov/npdes/home.cfm?program_id=3

MOEX Offshore Agrees to $90 Million Partial Settlement

News release from EPA:

FOR IMMEDIATE RELEASE
February 17, 2012
MOEX Offshore Agrees to $90 Million Partial Settlement of Liability in Deepwater Horizon Oil Spill
$70 million penalty is largest under the Clean Water Act; MOEX also to perform Gulf conservation projects worth at least $20 million
 

WASHINGTON – MOEX Offshore 2007 LLC has agreed to settle its liability in the Deepwater Horizon oil spill in a settlement with the United States valued at $90 million, announced the Department of Justice, the U.S. Coast Guard and the U.S. Environmental Protection Agency (EPA) today.  Approximately $45 million of the $90 million settlement is going directly to the Gulf in the form of penalties or expedited environmental projects.

According to the terms of the settlement, MOEX will pay $70 million in civil penalties to resolve alleged violations of the Clean Water Act resulting from the spill and agreed to spend $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect in perpetuity habitat and resources important to water quality and other environmental features of the Gulf of Mexico region.  At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.

The terms of today’s settlement do not affect the potential liability of – or recoveries from – other parties involved in the Deepwater Horizon oil spill.

Beginning with a well blowout and explosion on April 20, 2010, the owners and operators of the Macondo Well and  the drilling rig Deepwater Horizon allowed millions of barrels of oil to escape into the Gulf of Mexico, affecting the entire region.  Oil spills can cause both immediate and long-term harm to people’s health and the environment.  The Clean Water Act provides for civil penalties for such discharges.  This is the largest civil penalty ever recovered under the Clean Water Act.

“The Department of Justice has not wavered in its commitment to hold all responsible parties fully accountable for what stands as the largest oil spill in U.S. history,” said Attorney General Eric Holder.  “This landmark settlement is an important step – but only a first step – toward achieving accountability and protecting the future of the Gulf ecosystem by funding critical habitat preservation projects.”

“This will move the Gulf Coast along in its recovery as it continues to rebound from the largest spill in U.S. history,” said Coast Guard Commandant Adm. Bob Papp.  “The settlement demonstrates our firm commitment to  hold accountable those who pollute our environment.”

“This is good news for the Gulf Coast communities that are continuing to rebuild their economy and restore their ecosystem. This administration is going to stand with the people here to ensure a full recovery from the Deepwater Horizon oil spill,” said EPA Administrator Lisa P. Jackson. “Dedicating funds to actions that restore the local waters is a vital part of restoring these communities.  As someone who grew up on the Gulf Coast, I know how important clean water is to the lives and livelihoods of the people here, and I know we need to take every possible action to get the ecosystem here on a path to long-term restoration.”

As part of the settlement, MOEX Offshore has agreed to pay $70 million in civil penalties, of which, $45 million will go to the United States.  The money will go toward replenishing the Oil Spill Liability Trust Fund, where by law it will be available to pay for response actions, cleanup and damages caused by future spills.  The remaining penalty will go to Gulf states that participate in the settlement.  Those states will receive penalty payments as follows: $6.75 million to Louisiana, $5 million each to Alabama, Florida and Mississippi, and $3.25 million to Texas.

MOEX Offshore has also agreed to secure and protect properties of ecological significance for the Gulf habitats.  MOEX Offshore will ensure that properties within the states of Louisiana, Texas, Mississippi and Florida are transferred to – or acquired by – state governments, non-profit groups, land trusts or other appropriate entities, to protect those properties from development.  In all, these projects are expected to cost at least $20 million. The negotiation process with MOEX included numerous discussions with the Gulf states, who have been indispensible in reaching this important agreement.

This settlement does not affect the government’s claims against any other defendant in the Deepwater Horizon lawsuit that was filed on Dec. 15, 2010.  The trial of the first phase of the case is set to begin in federal district court in New Orleans on Feb. 27, 2012.

MOEX Offshore is a wholly-owned subsidiary of the MOEX USA Corporation.  Mitsui Oil Exploration Co. Ltd. is the corporate parent of MOEX USA, which in turn is owned by Mitsui & Co. Ltd. of Japan.

The proposed settlement, lodged in the U.S. District Court for the Eastern District of Louisiana, is subject to a 30-day comment period and final court approval.

More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/moex.html

EPA Issues New Construction Stormwater General Permit

News release from EPA:

FOR IMMEDIATE RELEASE
February 16, 2012

EPA Issues Permit for Stormwater Discharges from Construction Sites

New permit includes more protections for waterways, shaped by important public and stakeholder feedback

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is issuing a new permit, in accordance with the Clean Water Act, that will provide streamlined permitting to thousands of construction operators, while protecting our nation’s waterways from discharges of polluted stormwater from construction sites. Stormwater discharges from construction sites can contain harmful pollutants, such as nutrients, that contaminate waters, increase drinking water treatment costs, and damage aquatic ecosystems. The new permit was shaped by important input from the public and stakeholders to ensure that it provides important protections for waterways, while also providing flexibility to operators.

The 2012 construction general permit (CGP) is required under the Clean Water Act and replaces the existing 2008 CGP, which expired on February 15, 2012. The new permit includes a number of enhanced protections for surface waters, including provisions to protect impaired and sensitive waters. Under the Clean Water Act, national pollutant discharge elimination system (NPDES) permits are typically issued for a five-year period, after which time EPA generally issues revised permits based on updated information and requirements, as is the case with today’s announcement. NPDES permits control water pollution by including limits on the amount of pollutants that can be discharged into waterways by specific sources. The permit also provides new flexibilities for operators. For example, it allows for emergency projects (e.g., restoration following a flood or other natural disaster) to begin immediately without permit authorization from EPA, while still retaining full authority for EPA to ensure that the project proceeds in an environmentally responsible manner once it has commenced. The permit also enables operators of already permitted projects flexibility where compliance with a new permit requirement is economically impracticable.  

The 2012 CGP updates include steps intended to limit erosion, minimize pollution sources, provide natural buffers or their equivalent around surface waters, and further restrict discharges to areas impaired by previous pollution discharge.

Many of the permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010, which include pollution control techniques to decrease erosion and sediment pollution.

The permit will be effective in areas where EPA is the permitting authority: Idaho, Massachusetts, New Hampshire, New Mexico, Washington, D.C., and most U.S. territories and in Indian country lands.

EPA invited the public to comment on the draft permit. The agency also had a webcast to introduce owners and operators of construction sites, members of the public, and State or Tribal permitting authorities to the new requirements of the proposed CGP.

More information on the proposed construction general permit:
http://cfpub.epa.gov/npdes/stormwater/cgp.cfm

EPA Orders Louisiana Poultry Farms to Stop Discharging

News release from EPA Region 6:

EPA Orders Louisiana Poultry Farms to Stop Discharging

(DALLAS – February 10, 2012) The Environmental Protection Agency (EPA) has issued cease and desist administrative orders to two chicken broiler facilities in Lincoln Parish, Louisiana, for discharging chicken litter into a tributary of the Dugdemona River.

The Mike Reeves 1 and Beaver Creek Farm chicken broiler facilities are concentrated animal feeding operations located approximately four miles east of Arcadia on the south side of U.S. Highway 80, Lincoln Parish. The broiler facilities have been ordered to immediately stop all discharges of pollutants into waters of the United States.

“We expect poultry farms to put food on our tables, not waste into our rivers,” said EPA Regional Administrator Al Armendariz. “Owners and operators of animal feeding operations have a responsibility to comply with the law.”

On January 24 and 25, 2012, the EPA inspected the facilities and found unauthorized discharges of pollutants from chicken litter storage piles to an unnamed tributary of the Dugdemona River.

As a result of the inspection, the owners and operators of the Mike Reeves 1 and Beaver Creek Farm chicken broiler facilities have been ordered to immediately take action to stop all discharges of pollutants from their facilities’ chicken litter storage piles. Within 30 days they must submit to EPA and the Louisiana Department of Environmental Quality (LDEQ) a certified summary, including photographs, that document the unauthorized discharges have been stopped.

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

EPA audio file is available at http://www.epa.gov/region6/6xa/podcast/feb2012.html

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DOJ and EPA Propose More Time for Baton Rouge STP Upgrades

From EPA Region 6 News Release:

DOJ and EPA propose more time to complete Baton Rouge Sewage Treatment Plant upgrades

Under proposal Baton Rouge will also complete additional sewer system enhancements

(DALLAS – Jan. 19, 2012) The U.S. Department of Justice (DOJ), U.S. Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) today proposed that Baton Rouge be given additional time to upgrade its sewage treatment plants. As part of the proposal, Baton Rouge wastewater treatment plants will undertake additional projects to further reduce sanitary sewer overflows and ensure Clean Water Act compliance.

Baton Rouge has been upgrading its North and South treatment plants under a consent decree entered by the court in March 2002. Today’s proposal would extend the deadline from Jan. 1, 2015 to Jan. 1, 2018, and include implementation of a supervisory control and data acquisition system and installation of emergency generators at over 400 pump stations used in the sewage collection system.

The proposed consent decree modification will be lodged with the federal District Court for the Middle District of Louisiana pending solicitation of public comment on the proposed modification. Approval by the District Court is required before any modification of the 2002 consent decree would be effective.