Texas Universities Address Hazardous Waste Violations in EPA Settlement

From EPA:

Texas Universities Address Hazardous Waste Violations in EPA Settlement
Baylor, TCU, Texas A&M all correct violations

Contact: Joe Hubbard or Jennah Durant at 214-665-2200 or r6press@epa.gov  

DALLAS – (Nov. 28, 2016) The U.S. Environmental Protection Agency (EPA) recently announced settlements with three Texas universities over hazardous waste violations at university facilities. Under the settlements, Baylor University, Texas A&M University and Texas Christian University all agreed to correct violations and pay a civil penalty. EPA discovered the violations by analyzing data the facilities are required to submit under the Resource Conservation and Recovery Act (RCRA), as well as analysis of additional records that the universities voluntarily provided.

Under RCRA, facilities producing hazardous waste are regulated as small- or large-quantity generators. From 2011 to 2014, while Baylor claimed to be a small-quantity generator, at times it generated more hazardous waste than is allowed under this criteria. The reason this is important is that large-quantity generators have much more stringent employee training requirements, and need to prepare detailed contingency plans for first responders. Baylor also at times generated hazardous wastes without identifying them as such. In addition to paying a civil penalty of $11,330, Baylor corrected existing violations and will revise its standard operating procedures to ensure the lab will comply with RCRA. Baylor will also purchase and donate equipment to the Waco Fire Department to aid in identifying explosives, narcotics, and toxic chemicals during emergency responses.

Similar violations were found at Texas Christian University (TCU) facilities in Fort Worth, Texas. TCU improperly operated as a large-quantity generator because it produced more than a kilogram per month of acutely hazardous waste, which are certain wastes that are more toxic in smaller quantities. During these incidents, TCU did not notify the state of Texas as required of large-quantity generators. Also, between 2011 to 2015, TCU did not make adequate or accurate hazardous waste determinations of its waste streams. TCU agreed to correct violations and pay a civil penalty of $30,591.

EPA discovered violations at four Texas A&M University campuses: Commerce; Kingsville Citrus Center in Weslaco, Texas; Veterinary Medical Diagnostic Laboratory in Amarillo, Texas; and the Geochemical and Environmental Research Group in College Station, Texas. Violations included generating enough hazardous waste to qualify as a large-quantity generator but not registering as one, generating acutely hazardous waste without proper notification, and not filing required paperwork. Under four separate settlements, Texas A&M agreed to correct all violations and pay a combined penalty of $141,912.

The Resource Conservation and Recovery Act, passed by Congress in 1976 gives EPA the authority to control hazardous waste from "cradle-to-grave." RCRA sets national goals for protecting human health and the environment from the potential hazards of waste disposal, conserving energy and natural resources, reducing the amount of waste generated, and ensuring wastes are managed in an environmentally sound manner.

Learn more about RCRA: https://www.epa.gov/rcra

Learn more about EPA’s work in Texas: https://www.epa.gov/tx

Connect with EPA Region 6:

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On Twitter: https://twitter.com/EPAregion6 

Activities in EPA Region 6: https://www.epa.gov/aboutepa/epa-region-6-south-central

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Anderson, S.C., Woman Gets Prison for Extensive Bank Fraud Scam and Environmental Crime

From EPA:

FOR IMMEDIATE RELEASE
January 22, 2015

Anderson, S.C., Woman Gets Prison for Extensive Bank Fraud Scam and Environmental Crime

Nancy Stein operated American Screw and Rivet Corporation which was also sentenced

Contact: Davina Marraccini, 404-562-8293 (direct), 404-562-8400 (main), marraccini.davina@epa.gov

ATLANTA – United States Attorney Bill Nettles stated late yesterday that Nancy Marie Stein, age 62, of Anderson, South Carolina , was sentenced by Senior United States District Judge Henry M. Herlong in federal court in Greenville, to a total of 73 months in prison for six counts of violating Title 18, United States Code, Section 1344, commonly referred to as bank fraud; and 60 months for one count of violating Title 42, United States Code, Section 6928(d)(2)(A), for storing hazardous wastes without a permit. The sentences were ordered to run concurrently for a total sentence of 73 months. Stein was also ordered to pay restitution in the amount of $17,692,974. Stein’s Company, American Screw and Rivet Corporation (ASR) of Anderson, was placed on probation for 5 years and ordered also to pay restitution for its involvement in the bank fraud and storing hazardous wastes without a permit.

Both Stein and ASR entered pleas of guilty to the charges on December 16, 2013. The case had originally been set for sentencing on July 15, 2014, but was continued due to issues raised by Stein.

During the guilty plea hearing in December of 2013, the factual presentation revealed that had the cases had gone to trial, the Government would have presented evidence indicating that from at least 2004 and continuing until in 2011, while operating ASR, Stein developed a scheme to defraud a number of financial institutions. As part of the ruse, Stein created a number of fictitious manufacturing companies, organizations and business associations with apparent legitimate addresses, bank accounts and telephone numbers in various locations throughout the Southeast and the Midwest including Alabama, Georgia, Indiana, Ohio, and Pennsylvania. The addresses were mail drops, Stein controlled the accounts, and the telephone numbers were answering services. One of the fictitious entities was an accounting firm which issued audits and financial statements attesting to the fiscal soundness of ASR.

Stein would then apply to various financial institutions for loans for ASR. Often she would present to the institutions false invoices indicating that ASR had purchased types of specialized machinery from the fictitious vendors which could be used as collateral for loans. Often, Stein would have the financial institutions forward the loan proceeds to the non-existent vendors’ accounts. The deception also involved removing legitimate identity plates on existing machinery at the ASR location and replacing them with false plates reflecting the serial numbers of the fictitious machines.

After a number of years of running the scheme, Stein’s and ASR’s debts continued to grow, and ultimately, ASR’s creditors forced the company into involuntary bankruptcy in 2011. Thereafter, the United States Secret Service was asked to investigate. At least twenty six victim financial institutions were identified with cumulative losses in excess of $16 million. When the investigation focused on Stein, in a statement to the Secret Service, she admitted what she had done and took full responsibility for the fraud.

Resident Agent in Charge of the Greenville, S.C. Office of the United States Secret Service, Thomas M. Griffin, stated: “Today's sentencing was the result of a criminal investigation which was initiated in 2010. The Secret Service utilized significant resources conducting interviews, reviewing bank records and other documents associated with the fraudulent loans obtained by these defendants. These investigative efforts have ensured that the defendants would be successfully brought to justice for the crimes which they committed.”

With respect to the environmental crime violation, the Government was prepared to show that some years prior to the involuntary bankruptcy, Stein and ASR had been informed that they needed a permit from the South Carolina Department of Health and Environmental Control (DHEC) or from the United States Environmental Protection Agency (EPA) to store the large quantities of hazardous wastes generated by ASR’s manufacturing process. No permit to store hazardous waste was ever sought by Stein or ASR or issued by EPA or DHEC.

In June, 2011, as a result of a DHEC search of ASR’s property, a large quantity of hazardous waste was discovered on site. Thereafter, more than 24,000 gallons of waste were removed from the sight and disposed of by EPA at a cost of approximately $1,720,000.

“For a number of years, the defendants stockpiled thousands of gallons of unpermitted hazardous waste at ASR’s location in Anderson,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in South Carolina. “This waste consisted of uncontained flammable and highly corrosive materials which were exposed to the elements. Today’s sentencing shows that those who refuse to comply with the law, putting public health and the environment at risk, will face the consequences in court.”    

The cases were investigated by agents of the United States Secret Service and the EPA’s Criminal Investigation Division, and prosecuted by Assistant United States Attorney William C. Lucius of Greenville.

EPA Recognizes U.S. Coast Guard for Efficient, Green Cleanup of Curtis Bay Yard Superfund Site

EPA Press Release:

EPA Recognizes U.S. Coast Guard for Efficient, Green Cleanup

of Curtis Bay Yard Superfund Site

BALTIMORE (May 30, 2013)  - The U.S. Coast Guard has completed cleanup construction activity at the Curtis Bay Yard Superfund site in Anne Arundel County, Md., the U.S. Environmental Protection Agency announced today.

EPA provided oversight of the massive 11-year cleanup project and the U.S. Coast Guard led the cleanup effort, which included excavating thousands of tons of contaminated soil and sediment while making use of innovative green practices.

“This cleanup will ensure a healthy environment for the Curtis Bay Yard and the surrounding community, and help with Chesapeake Bay restoration efforts,” said EPA Mid-Atlantic Regional Administrator Shawn M. Garvin.  “Not only did the Coast Guard work quickly and efficiently at this site, but its use of green practices proudly reflects the Coast Guard’s commitment to environmental stewardship.”

The contaminants of concern at the site included semi-volatile organic compounds, metals, polychlorinated biphenyls and dioxin. 

The Coast Guard’s green remediation included recycling materials, creating green space and minimizing hazardous waste.  Overall during the cleanup, 2,616 tons of concrete were recycled and about 25,000 tons of contaminated soil were treated onsite so it could be shipped to a non-hazardous waste landfill.  This saved more than 500,000 truck miles and approximately

$6 million compared to sending the soil to a hazardous waste landfill.  In addition, approximately 20 tons of steel were recycled.

"Eleven years ago, the Coast Guard Yard was placed on the National Priorities List to address contamination from past practices going all the way back to the Yard's start in 1899,” said Captain Richard K. Murphy, Commanding Officer, U.S. Coast Guard Yard. “This began a very productive partnership with EPA and the Maryland Department of the Environment culminating in the remediation of all identified sites. Today, the Yard is a leader in the field of environmental management, and we continue to partner with the EPA and MDE to ensure a healthy environment for the Yard, our neighbors, as well as protecting the vital ecosystem of the Chesapeake Bay."

The Chesapeake Bay benefits from this cleanup in several ways. Low impact storm water designs were used to help absorb water into the ground during heavy rains instead of uncontrolled run-off with potential pollutants. These designs replace solid concrete with porous pavers and add more green space with grass, trees and shrubs.

In addition to using innovative remediation, the Coast Guard also chose to clean up the Yard to the more stringent residential cleanup standards rather than using the industrial standards.  This creates more options for future use of the property.

The Coast Guard Yard, located six miles southeast of downtown Baltimore, is a 113-acre ship repair facility used to design, build and repair state-of-the-art ships and boats.  The facility incorporates many sustainable manufacturing practices including creating its own electricity from landfill gas at an on-site co-generation plant.   The crane electrification project further reduces the Yard’s carbon footprint.