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Polllutors (and Other Violators) of the Week - 2006
(More like bi-weekly, actually)

*True cases of environmental criminals and other violators of environmental laws, regulations and statutes from real court cases

The EPA and its federal, state and local law enforcement partners investigate and prosecute significant and egregious violations of environmental laws. These investigations involve, but are not limited to, the illegal disposal of hazardous waste; the illegal discharge of pollutants to a water of the United States; the illegal importation of certain restricted or regulated chemicals into the United States; tampering with a drinking water supply; mail fraud, wire fraud, conspiracy and money laundering relating to environmental criminal activities.

People often ask us, "It seems like companies get away with polluting all the time, just look at Exxon and the Valdez!"  While it may be true that some companies treat the environment, your community's well-being and your health like a doormat and act as though their crimes are nothing more than a public relations expense; individuals and companies are being caught all the time.  And the penalties are severe!  Follow Detective Joe Friday and read on to learn about the appalling gall of these jerks and their crimes.

It is EHSO's opinion that our society's obsession with money and instant wealth, combined with a generally apathetic public, and politicians more concerned with polls than pollution is leading to an increase in pollution and deliberate pollutors.   If you suspect a persistent pollutor in your area, email us (or click here to use the EPA's report a violator form) for instructions to assist the EPA in catching him!   To search a company's compliance history, click here!

Disclaimer: The following news stories are all taken verbatim from EPA releases, so don't even think of trying to sue us if you or your firm's name is here!

See the news about the SEC indictment of Waste Management former senior officers - Dean Buntrock and Phil Rooney and others! These guys were doing "Enron" long before you ever heard of Enron!

Don't know which EPA Region You are in?  Click here for the map of EPA regions - it will pop up in a new window which you can print or close.

Previous cases in 2006

December 2006

December 2006 Headquarters News

(12/21/2006) EPA fines Syngenta $1.5 million for distributing unregistered genetically engineered pesticide - Syngenta Seeds, Inc., of Golden Valley, Minn., has agreed to pay a $1.5 million penalty to EPA for selling and distributing seed corn that contained an unregistered genetically engineered pesticide called Bt 10.

(12/21/2006) Mercedes-Benz pays $1.2 million for Clean Air Act violation and spends $59 million for voluntary recall - Mercedes-Benz will pay $1.2 million in civil penalties to resolve its failure to promptly notify EPA about air pollution control defects on numerous 1998 - 2006 model vehicles. Mercedes must also improve its emissions defect investigation and reporting system to ensure future compliance, at an estimated cost of approximately $1 million per year. Mercedes has commenced voluntary recalls for two of the defects and notified owners that it would extend the warranty coverage to address a third defect. The company will incur an estimated cost of $59 million to implement the recalls and the extended warranty.

(12/14/2006) Refining company, two managers plead guilty to felony pollution charges - $5 million criminal penalty, plus half million community service payment - Sinclair Tulsa Refining Company has pleaded guilty to two felony counts of deliberately manipulating wastewater discharges at its Tulsa Refinery in violation of the Clean Water Act. In addition, two company managers, Harmon Connell and John Kapura, have each pleaded guilty to one felony count of violating the CWA by manipulating discharges into waters of the United States.

December 2006 Region 1 News

(12/28/2006) Boston-based bus company faces penalty for diesel emission idling violations - A Boston-based transportation company, Paul Revere Transportation LLC, is facing federal penalties for repeat violations of illegal idling of diesel buses at the company’s Roxbury, Mass., bus yard and at a shuttle bus location on Brookline Ave. in Boston. The company maintains approximately 40 motor vehicles at its Roxbury bus yard.

December 2006 Region 2 News

(12/21/2006) EPA inspection results in CEMEX correcting violations and paying fine - EPA announced on Dec. 21 that CEMEX Puerto Rico will correct violations of the Clean Air Act and pay a penalty of $72,500 for its failure to properly maintain and operate temperature sensors and follow reporting requirements to monitor air pollution during the production of Portland cement at its Ponce, Puerto Rico facility.

December 2006 Region 5 News

(12/20/2006) EPA cites Indianapolis landlord for lead-based paint violations; $52,724 penalty proposed - EPA Region 5 has filed a 54-count complaint against Frank Davis of Indianapolis, Ind., for failing to warn tenants or buyers of 10 houses and apartment buildings that their homes may contain lead-based paint hazards. A $52,724 penalty has been proposed.

(12/13/2006) EPA cites Detroit Edison for reporting violations, settles cases in Indiana, Minnesota - EPA Region 5 has cited Detroit Edison's River Rouge facility for late notification of a hazardous chemical release. A $144,412 penalty is proposed. In other actions, EPA recently settled chemical release reporting cases with BP Products North America, Whiting, Ind.; Colors Inc., Indianapolis; and Crystal Valley Cooperative, Lake Crystal, Minn. BP Products North America, Whiting, Ind., paid $13,203 for failure to immediately notify the NRC of a 606-pound anhydrous ammonia release from the facility on Dec. 8, 2004. Colors, a specialty aluminum products business [in] Indianapolis, paid $19,214 for failure to immediately notify the NRC of a 45,906-pound sulfuric acid release on July 6, 2005. Crystal Valley Cooperative, an agricultural cooperative business [in] Lake Crystal, Minn., paid $18,789 for failure to immediately notify the NRC of a 2,200-pound anhydrous ammonia release on April 16, 2005.

(12/05/2006) EPA and DOJ reach agreement with Von Roll on clean-air and hazardous-waste violations - EPA and the Department of Justice have reached an agreement with Von Roll America Inc. on alleged clean-air and hazardous-waste violations at the company's commercial hazardous waste incinerator [in] East Liverpool, Ohio. The consent decree resolves a judicial complaint that alleged violations of the Clean Air Act and the Resource Conservation and Recovery Act. Von Roll has been ordered to comply with designated statutes, pay a penalty of $750,000 and implement a $34,000 environmental project which will enhance environmental protection in and around East Liverpool.

(12/04/2006) EPA reaches agreement with Tween Brands on clean-air violations - EPA Region 5 has reached an agreement with Tween Brands Inc. (formerly known as Too Inc.) [in] New Albany, Ohio, on alleged violations of EPA regulations to protect stratospheric ozone. The agreement includes a $109,849 penalty.

December 2006 Region 8 News

(12/06/2006) Developer settles with EPA after destroying Provo wetlands - Pettro Properties, LLC has agreed to pay a civil penalty of $9,500 for destroying more than nine acres of wetlands in Provo, Utah. In addition, Pettro will pay $15,500 to The Nature Conservancy for use in the Conservancy’s Lower Hobble Creek Restoration Project. The Conservancy is striving to protect endangered June Sucker habitat at Utah Lake.

December 2006 Region 9 News

(12/13/2006) EPA fines El Cajon company $11,900 for hazardous waste violations - EPA recently settled with GKN Aerospace Chem-tronics Inc., located in El Cajon, Calif., for $11,900 over hazardous waste storage violations.

December 2006 Region 10 News

(12/21/2006) Coeur Alaska Inc. agrees to pay over $100,000 to settle Clean Water Act violations - Coeur Alaska Inc. has agreed to pay an EPA penalty of $18,334 to resolve federal Clean Water Act violations at the Kensington Gold Project located 40 miles north of Juneau, Alaska. In addition to the penalty, Coeur Alaska has also agreed to perform a Supplemental Environmental Project that will provide $90,000 towards the acquisition of a wetland near Juneau.

(12/13/2006) EPA fines Flint Hills Resources Alaska, LLC nearly $16,000 for Clean Air Act violations - EPA announced on Dec. 13 that Flint Hills Resources Alaska, LLC has agreed to pay $15,867 for alleged federal Clean Air Act emergency planning violations. Flint Hills operates a refinery near the city of North Pole, Alaska.

(12/08/2006) EPA files complaint, seeks civil penalties against Bruneau Cattle Company for Clean Water Act violations - As part of an ongoing campaign to protect human health and water quality in Idaho’s Snake River, EPA has filed a complaint against the Bruneau Cattle Company, Owyhee County, Idaho, for unauthorized discharges of pollutants from a Confined Animal Feeding Operation to the South Side Canal. The canal flows to the Snake River and C.J. Strike Reservoir near Bruneau, Idaho. Bruneau Cattle Company has 30 days to respond to the complaint and will have an opportunity for a hearing if the company and EPA are unable to reach a settlement. Under the federal Clean Water Act, facilities can face fines of up to $11,000 per day of violation.

November 2006

November 2006 Region 1 News

(11/16/2006) EPA enforcement cuts total pollution by 2.6 million pounds in New England - Enforcing environmental laws in the New England region by EPA last year yielded significant pollution reduction and compliance assurance. EPA’s efforts last year have slashed pollution in New England by 2.6 million pounds. As a result of EPA’s regional environmental enforcement last year, violators will pay an estimated $436 million in penalties and in taking action to correct violations.

(11/14/2006) Connecticut firm fined for pesticide labeling violations - A Glastonbury, Conn., pesticide manufacturer, BioSafe Systems L.L.C., will pay a $17,250 penalty in a settlement resolving EPA concerns that it marketed two pesticide products for an unapproved use in floor mats.

(11/01/2006) Greater Lawrence (Mass.) Sanitary District agrees to invest $18 Million to improve sewage treatment system and pay $254,000 fine - Federal and state environmental officials announced on Nov. 1 a sweeping agreement with the Greater Lawrence Sanitary District in northeastern Massachusetts, settling alleged violations of clean water laws and government-issued permits. Under a civil complaint and consent decree simultaneously filed in U.S. District Court in Boston, the Greater Lawrence Sanitary District will pay a $254,000 fine and invest in an $18 million sewage treatment plant upgrade. These steps resolve allegations that GLSD’s combined sewer collection system had discharges from “combined sewer overflow” outfalls, violating state water quality standards for fecal coliform bacteria, indicating a significant human health risk.

November 2006 Region 2 News

(11/30/2006) PSEG Fossil LLC required to pay significantly increased penalties and reduce emissions under consent decree settlement - EPA, DOJ and the State of New Jersey announced on Nov. 30 that they have lodged with the court a Clean Air Act settlement with PSEG Fossil LLC related to PSEG’s failure to comply with a 2002 consent decree requiring installation of pollution controls at its coal-fired power plants in Jersey City and Hamilton, N.J. This new settlement, which is subject to court approval, secures additional air pollution reductions, tighter controls, valuable environmental projects and a significant penalty. Under the settlement's terms, PSEG will be required to pay a civil penalty of $6 million – $4.25 million to the federal government and $1.75 million to New Jersey. PSEG will also perform environmental mitigation projects valued at $3.25 million to reduce particulate matter from diesel engines in New Jersey.

November 2006 Region 3 News

(11/21/2006) EPA reaches agreement with DuPont to protect drinking water near W.Va. plant - EPA has signed a consent order with E. I. DuPont de Nemours & Co. that lowers the action level of perfluorooctanoic acid – also known as PFOA or C8 – in drinking water for residents in communities surrounding DuPont’s Washington Works facility, Washington, W. Va.

(11/21/2006) EPA settles with three Pa. school districts and a charter school to ensure safe management of asbestos - EPA has settled four cases in Pennsylvania in an effort to ensure the safe management of asbestos-containing materials in schools. In separate consent agreements with EPA, the Diocese of Allentown, the Diocese of Scranton, the Philadelphia School District, and Edsys, Inc. who manages the City Charter School in Pittsburgh, have settled alleged violations of the Asbestos Hazard Emergency Response Act .

(11/21/2006) In a consent agreement with the U.S. Environmental Protection Agency, the Catholic Archdiocese of Washington, D.C. has settled alleged violations of a federal law regulating the management of asbestos materials in school buildings. - In a consent agreement with EPA, the Catholic Archdiocese of Washington, D.C., has settled alleged violations of a federal law regulating the management of asbestos materials in school buildings.

(11/16/2006) EPA fines Euclid of Virginia an unprecedented $3.1 million for underground storage tank violations in Va., Md. and D.C. - EPA announced on Nov. 16 that an EPA Administrative Law Judge has assessed a $3.1 million penalty against Euclid of Virginia, Inc. for not taking required measures to detect and prevent leaks from underground storage tanks at 23 gas stations in Maryland, Virginia and the District of Columbia. The judge ruled that Euclid failed to maintain required leak detection and control equipment, and perform required leak detection activities for 72 underground storage tanks at 23 gas stations. It was the largest penalty ever assessed by an EPA Administrative Law Judge for violations of any federal environmental statute.

(11/14/2006) EPA settles alleged violations of underground storage tank regulations with Baltimore company - In a consent agreement with EPA, Carroll Independent Fuel Co. has agreed to pay a $284,156 civil penalty and complete a special environmental project to settle an EPA complaint involving underground storage tanks at 32 of its facilities in Maryland. A $447,000 supplemental environmental project, to be determined, is intended to secure significant environmental or public health protections.

November 2006 Region 5 News

(11/16/2006) EPA 2006 enforcement highlights for Michigan - EPA Region 5 announced on Nov. 11 that its enforcement actions in Michigan in 2006 have caused regulated entities to pay more than $16.5 million to correct environmental violations and help prevent future ones. In the past fiscal year in Michigan, EPA took 47 actions against regulated entities; assessed $1.5 million in civil penalties for numerous air, water, hazardous waste, community right-to-know and pesticide violations; and initiated 32 new cases. As part of settlement agreements, Michigan companies agreed to do five supplemental environmental projects worth about $247,000.

(11/16/2006) EPA 2006 enforcement highlights for Ohio - EPA Region 5 announced on Nov. 16 that its enforcement actions in Ohio in 2006 have caused regulated entities to pay more than $107 million to correct past environmental violations and help prevent future ones. In the past fiscal year, EPA resolved 80 actions against regulated entities in Ohio and assessed a total of $2,717,709 in civil penalties. In addition, EPA initiated 51 new cases in the state.

(11/16/2006) EPA 2006 enforcement highlights for Wisconsin - EPA Region 5 announced on Nov. 11 that its enforcement actions in Wisconsin in 2006 have caused regulated entities to pay more than $6 million to correct past environmental violations and help prevent future ones. In the past fiscal year, EPA resolved 21 actions against regulated entities in Wisconsin; assessed a total of $353,522 in civil penalties for various air, water, hazardous waste, community right-to-know and pesticide violations; and initiated 24 more cases. As part of settlement agreements, Wisconsin companies and cities agreed to do supplemental environmental projects worth about $194,360.

(11/15/2006) EPA environmental enforcement highlights for Minnesota - EPA's Region 5 announced on Nov. 15 that its enforcement actions in Minnesota in 2006 have caused regulated entities to pay more than $1.1 million to correct past environmental violations and help prevent future ones. In the past fiscal year, EPA resolved 31 actions against regulated entities and assessed a total of more than $632,000 in civil penalties.

(11/15/2006) Federal environmental enforcement highlights in Illinois - EPA's Region 5 announced on Nov. 15 that its enforcement actions in Illinois in 2006 have caused regulated entities to pay more than $325.1 million to correct past environmental violations and help prevent future ones. In the past fiscal year, EPA resolved 119 actions against regulated entities in Illinois and assessed a total of more than $3.5 million in civil penalties.

(11/15/2006) Federal environmental enforcement highlights in Indiana - EPA's Region 5 announced on Nov. 15 that its enforcement actions in Indiana in 2006 have caused regulated entities to pay more than $27.1 million to correct past environmental violations and help prevent future ones. In the past fiscal year, EPA resolved 56 actions against regulated entities and assessed a total of more than $1.6 million in civil penalties.

(11/07/2006) EPA cites Wisconsin landlord for lead-based paint violations; penalty $596 plus window replacement - EPA Region 5 has settled with David and Monica Stern for allegedly failing to warn tenants of an apartment building that their homes may contain lead-based paint hazards. The building owners will pay a $596 penalty and replace 18 windows at the Shorewood, Wis., property.

November 2006 Region 9 News

(11/28/2006) EPA, Hawai’i DOH seek additional $135,000 from Pflueger for failing to meet restoration work deadlines under settlement order - EPA and the Hawaii Department of Health recently assessed an additional $135,000 in stipulated penalties against James H. Pflueger for failure to comply with a court order settling Clean Water Act violations for construction activities on Pflueger’s property at Pila’a on Kauai. he current action builds upon other stipulated penalties of $23,500 being sought by the EPA for missed deadlines on an abandoned supplemental environmental project that would have replaced cesspools in the Kalihiwai area on Kauai.

(11/21/2006) EPA seeks $23,500 in penalties from Pflueger for failing to comply with settlement order - EPA issued a demand on Nov. 21 for $23,500 in stipulated penalties from James H. Pflueger for failure to comply with a court order settling Clean Water Act violations associated with construction activities on Pflueger’s property at Pila’a on Kaua’i.

(11/15/2006) EPA announces Hawai’i environmental enforcement accomplishments for 2006 - EPA’s enforcement actions in Hawaii for 2006 brought environmental and public benefits for the state’s residents as polluters committed to more than $95 million to correct environmental violations and prevent future pollution. Included in the amount will be over $1.1 million in commitments from the Hawaii Department of Transportation to fund community projects with expanded environmental benefits.

(11/15/2006) EPA announces Pacific environmental enforcement accomplishments for 2006 - EPA’s enforcement actions in Guam, American Samoa and CNMI for 2006 brought environmental and public benefits for the state’s residents as polluters committed to more than $14.4 million to correct environmental violations and prevent future pollution.

(11/15/2006) EPA enforcement program nets major Arizona cleanups, pollution reductions in 2006 - EPA enforcement actions in Arizona for 2006 brought environmental and public benefits for the state’s residents as polluters committed to more than $54 million to correct environmental violations and prevent future pollution. The agency's enforcement actions in Arizona, which surpassed each of the previous five year’s totals, also succeeded in getting companies to spend over $1 million on environmental projects to benefit affected communities and yielded over $1.1 million in civil penalties. The agency’s enforcement in Arizona over the past five years yielded over $142 million in cleanup costs and over $4.5 million in civil penalties.

(11/15/2006) EPA’s enforcement efforts yield nearly $300 million in environmental improvements in California in 2006 - EPA’s enforcement program secured nearly $300 million in on-the-ground environmental improvements in fiscal year 2006, as well as an additional $2 million in commitments from responsible parties to fund community projects with expanded environmental benefits. The agency took 248 enforcement actions against businesses and government organizations throughout the state in fiscal year 2006.

(11/13/2006) 4 Arizona companies disclose environmental violations - Four Arizona companies that voluntarily disclosed and corrected environmental violations had penalties waived by EPA, the result of EPA policies that have been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance. The recent ‘self-disclosure’ cases had potential penalties ranging from $11,000 to $74,000 for environmental violations that the agency determined caused no serious or actual harm to human health or the environment. Altogether, the four companies, located in Phoenix, Mesa and Goodyear, avoided $155,193 in penalties.

(11/13/2006) 6 California companies disclose environmental violations - Six California companies that voluntarily disclosed and corrected environmental violations had penalties waived by EPA, the result of EPA policies that have been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance. The recent ‘self-disclosure’ cases had potential penalties ranging from $6,000 to $127,000 for environmental violations that the agency determined caused no serious or actual harm to human health or the environment. Altogether, the six companies avoided $391,160 in penalties.

(11/06/2006) EPA settles for $915,000 with Pala Tribe over San Diego County water violations - In recent settlements with EPA, the Pala Band of Mission Indians will pay $915,000, and its contractors, Brown Bulk Transportation Co., Valley Materials and Supply, Inc., and James Brown will pay $65,000, totaling $980,000, for illegal discharges of dredged and fill material to the San Luis Rey River in San Diego County, Calif., without U.S. Army Corps of Engineers permits. The consent decrees – lodged last week by the Department of Justice – require the Pala Band of Mission Indians to provide $545,000 toward The Nature Conservancy's acquisition of ecologically valuable property for permanent protection within the San Luis Rey River watershed as mitigation for the impacts caused by the defendants’ activities. The Pala Band of Mission Indians will pay a civil penalty of $370,000, and the other defendants will collectively pay a civil penalty of $65,000.

(11/01/2006) EPA settles with Northern California semiconductor manufacturer for failing to submit timely toxic chemical reports - EPA announced on Nov. 1 that it has settled for a $51,900 penalty with International Rectifier HiRel Products, Inc., Santa Clara, Calif., a northern California company for allegedly failing to submit toxic chemical reports to the agency, a violation of the federal Emergency Planning and Community Right-to-Know Act.

November 2006 Region 10 News

(11/28/2006) Icicle Seafoods issued complaint for violations of the Clean Water Act - DOJ on behalf of EPA filed a civil complaint against Icicle Seafoods, Inc., and its wholly owned subsidiary, Evening Star, Inc., for violations of the Clean Water Act. The complaint seeks monetary penalties and injunctive relief for waste discharges from the processing vessel, the M/V Northern Victor.

(11/28/2006) Marathon Oil Company settles PCB Violations for $38,000 - EPA announced on Nov. 28 that Marathon Oil Company has agreed to pay nearly $38,000 for alleged PCB violations at its facility at the Spark oil platform off the coast of Alaska.

(11/22/2006) EPA fines Emerald Services, Inc. over $38,000 for hazardous chemical release - EPA has ordered Emerald Services, Inc. to pay over $38,000 for releasing approximately 1,697 pounds of toluene, a hazardous substance, into a storm sewer at their hazardous waste treatment and storage facility in Tacoma, Wash., on Aug. 30, 2005. Emerald has also agreed to perform a Supplemental Environmental Project which will provide $31,585 worth of emergency response equipment to the City of Tacoma Fire Department’s Fire Prevention Bureau, as well as $37,980 worth of equipment to the City of Tacoma’s Environmental Services Source Control Division for use in tracking information about discharges from industrial facilities to the city’s pretreatment facility.

(11/16/2006) NW Natural agrees to pay $32,750 EPA penalty to settle GASCO cleanup violations - NW Natural has agreed to pay a $32,750 penalty resulting from NW Natural’s failure to notify EPA of water quality exceedances within the required 72-hour time limit during cleanup of contaminated sediment at the GASCO site during fall 2005.

(11/16/2006) NW Natural agrees to pay $32,750 EPA penalty to settle GASCO cleanup violations - NW Natural has agreed to pay a $32,750 penalty resulting from NW Natural’s failure to notify EPA of water quality exceedances within the required 72-hour time limit during cleanup of contaminated sediment at the GASCO site during fall 2005.

(11/15/2006) Enforcement in Pacific Northwest drives major cleanups, pollution reductions in 2006 - EPA's enforcement program in the Pacific Northwest and Alaska saw across-the-board increases in every category for 2006. According to additional Agency calculations, the program helped prevent 26.4 million pounds of pollution in the region. Together, the latest EPA enforcement data reveal an estimated $115.2 million in federal compliance actions; $657,000 in Supplementary Environmental Projects (SEPs); and just over $3.5 million in judicial and administrative penalties collected in the latest fiscal year.

(11/06/2006) City of Skagway, Alaska, agrees to pay $18,000 EPA settlement to resolve Clean Water Act violations - The city of Skagway has agreed to pay an $18,000 penalty to resolve alleged violations of the National Pollutant Discharge Elimination System permit issued to the city’s wastewater treatment plant.

October 2006

October 2006 Headquarters News

(10/26/2006) $13.9 million Clean Air Act settlement with multinational soybean and corn processor secures major pollution reductions in eight states - A multi-state Clean Air Act settlement, reached on Oct. 26 with oilseed processor Bunge North America Inc. and three of its subsidiaries, will eliminate more than 2,200 tons of harmful pollution emissions per year when fully implemented. The $13.9 million settlement covers 12 plants in eight states, each of which has joined the United States as a co-plaintiff. The settlement covers eleven soybean processing plants – in Decatur, Ala.; Marks, Miss.; Destrehan, La.; Emporia, Kan.; Council Bluffs, Iowa; Delphos, Ohio; Marion, Ohio; Decatur, Ind.; Morristown, Ind.; Cairo, Ill.; and Danville, Ill. – as well as a corn dry mill extraction plant also located in Danville, Ill.

(10/05/2006) BP, Shell pay $1.5 million in penalties for auto gas violations threatening public health - As part of ongoing efforts to protect public health by improving compliance with the motor vehicle fuels provisions of the federal Clean Air Act, EPA reached settlements on Sept. 27 with BP Products North America, Inc. and with Motiva Enterprises, LLC and Equilon Enterprises, LLC, doing business as Shell Oil Products US. BP agreed to pay a civil penalty of $900,000 and Shell agreed to pay a civil penalty of $600,000. BP and Shell will also perform extensive remedial efforts -- including quality assurance programs and technical changes in processes and equipment -- to correct the alleged violations and to prevent the recurrence of similar violations.

(10/05/2006) Indianapolis agrees to spend $1.86 billion to stop sewer overflows that could lead to disease outbreaks - In an important action to protect the health and environment of its citizens, the city of Indianapolis today signed a consent decree with EPA and the U.S. Justice Department to make more than $1.86 billion in improvements to curb overflows from its sewer system. The settlement will be the third highest-cost Clean Water Act settlement addressing combined sewer overflows, and will ultimately reduce the volume of Indianapolis'''' untreated CSO discharges by 7.2 billion gallons in an average year. CSO systems combine sanitary (regular) sewage and stormwater runoff.

October 2006 Region 1 News

(10/31/2006) Connecticut manufacturer agrees to pay penalty and complete environmental projects to settle financial assurance claims - EPA and the Kanthal Corporation of Bethel, Conn., have reached an agreement to settle claims that the company violated financial assurance rules under federal hazardous waste laws. The agreement calls for the company to pay $49,652, and spend an additional $275,000 to perform two environmental projects that will greatly reduce environmental impacts resulting from the company’s heating materials manufacturing operations.

(10/23/2006) Newburyport, Mass., chemical manufacturer faces fine for violating hazardous waste law - Polycarbon Industries, Inc., of Newburyport, Mass. (also known as PCI Synthesis), is facing fines stemming from a recent EPA complaint outlining alleged violations by the company of numerous requirements of federal and state hazardous waste laws. Under the EPA complaint, PCI could be required to pay up to $472,975 for the violations of the federal Resource Conservation and Recovery Act. EPA conducted an inspection of the Newburyport facility in May 2006, where 12 apparent violations were identified.

(10/05/2006) Great Barrington, Mass., oil facility faces fine for oil spill and lack of adequate spill prevention plan - In a complaint against a Great Barrington, Mass. oil storage and delivery company, EPA cited the firm for allegedly failing to adequately plan for and guard against oil spills at its facility, originally brought to light when an oil spill occurred at the facility in 2004. EPA is seeking penalties of up to $157,500 for the violations.

(10/04/2006) Everett, Mass., metal finisher faces fines and is ordered to fix environmental violations - Bay State Galvanizing, Inc., of Everett, Mass., has been ordered by EPA to take measures to comply with federal clean water and waste disposal laws. EPA is also seeking penalties for the violations. Specifically, under the federal Clean Water Act, the facility is required to update and implement a storm water pollution prevention plan; and under the federal Resources Conservation and Recovery Act and related Massachusetts laws, Bay State is required to comply with training requirements to reduce risks of employee exposure to hazardous wastes. Under the Clean Water violation, Bay State is facing a maximum fine of up to $157,500, and under the Hazardous Waste violation the facility could be fined up to $32,500 per day per violation.

October 2006 Region 2 News

(10/05/2006) Puerto Rico University at Mayaguez to settle environmental violations with system to prevent future problems - Poor practices in the past landed the University of Puerto Rico at Mayaguez in hot water with EPA, but the university has agreed to take extraordinary steps to fix the problems and make sure they don’t reoccur in the future. Under an agreement that settles the school’s violations of federal environmental laws governing the handling of hazardous waste, discharges into waterways and emissions of hazardous pollutants into the air; UPR will spend almost $400,000 to set up a comprehensive environmental management system. In addition, the university agreed to pay almost $100,000 in fines.

October 2006 Region 3 News

(10/10/2006) Farm and garden store in Dublin, Pa., settles EPA pesticide case - Wurster Farm & Garden, Inc., owner of the farm and garden store in Dublin, Pa., has agreed to pay a $6,450 penalty to settle alleged violations of a federal pesticide law, EPA announced on Oct. 10. EPA cited the company for violating the Federal Insecticide, Fungicide, and Rodenticide Act, which requires EPA registration of pesticide products and production facilities. The law also prohibits the distribution or sale of misbranded, improperly labeled, or adulterated pesticides.

(10/10/2006) Virginia Beach company settles alleged violations of federal pesticide law - Care-A-Lot, Inc., owner of a pet supply warehouse in Virginia Beach, Va., has agreed to pay a $30,000 penalty to settle alleged violations of a federal pesticide law, EPA announced on Oct. 10. EPA cited the company for violating the Federal Insecticide, Fungicide, and Rodenticide Act which requires EPA regulation of pesticide products and prohibits the distribution or sale of misbranded/improperly labeled pesticides.

(10/02/2006) Landmark Realty, Inc., settles violations of lead paint notification rule in Maryland and D.C. - EPA announced on Oct. 2 that Landmark Realty, Inc., a property management firm in Rockville, Md., has settled violations of a federal law requiring disclosure of lead-based paint hazards to residential tenants and homebuyers. The alleged violations involved leases for eleven residential properties in the District of Columbia, Chevy Chase, Md., and Gaithersburg, Md. In a consent agreement with EPA, Landmark Realty has agreed to pay a $1,188 penalty and spend at least $10, 692 on abating lead-based paint hazards at residential properties under the company’s management.

October 2006 Region 4 News

(10/16/2006) EPA settles with Springs Industries, Inc., for FIFRA violations - EPA announced on Oct. 16 the settlement of an administrative enforcement action against Springs Industries, Inc., in Fort Mill, S.C for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act. The settlement requires Springs to comply with FIFRA and pay a $104,422.50 penalty.

(10/05/2006) EPA settles with Cook County Wood Preserving, Inc., of Adel, Ga., for misuse of Clean Air Act and sale the illegally treated wood - EPA announced on Oct. 5 the settlement of an administrative enforcement action against Cook County Wood Preserving, Inc. in Adel, Ga., for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act. The settlement requires Cook County Wood to comply with FIFRA and pay a penalty of $50,400.

October 2006 Region 5 News

(10/27/2006) EPA reaches agreement with American Greetings on clean-air violations - EPA Region 5 has reached an agreement with American Greetings Corp., [in] Cleveland, Ohio, on alleged violations of EPA regulations to protect stratospheric ozone. The agreement includes an $84,854 penalty.

(10/27/2006) EPA reaches agreement with FONA on clean-air and hazardous-waste violations - EPA Region 5 has reached an agreement with FONA International Inc. on alleged clean-air and hazardous-waste violations at the company''s food flavoring manufacturing plant [in] Carol Stream, Ill. The agreement includes a $70,000 penalty.

(10/20/2006) EPA reaches agreement with Allcast on clean-air violations - EPA Region 5 has reached an agreement with Allcast Inc. on alleged clean-air violations at the company''s secondary aluminum production facility [in] Allenton, Wis. The agreement includes a $37,500 penalty,.

(10/19/2006) EPA cites Countrymark Cooperative for clean-air violations - EPA Region 5 has cited Countrymark Cooperative LLP for alleged clean-air violations at the cooperative''s petroleum refinery [in] Mount Vernon, Ind.

(10/19/2006) EPA reaches agreement with Godfrey Marine Syracuse on clean-air violations - EPA Region 5 has reached an agreement with Godfrey Marine Syracuse on alleged clean-air violations at the company''s aluminum boat manufacturing plant [in] Syracuse, Ind. The agreement includes a $45,853 penalty.

(10/18/2006) EPA reaches agreement with Kimble Glass on clean-air violations - EPA Region 5 has reached an agreement with Kimble Glass Inc. on alleged clean-air violations at the company''s container glass manufacturing plant [in] Chicago Heights, Ill. The agreement includes a $16,000 penalty.

(10/17/2006) EPA cites Scott Brass for clean-air violatons - EPA Region 5 has cited Scott Brass Inc. for alleged clean-air violations at the company''s brass production plant [in] New Carlisle, Ind. EPA proposed a $42,470 penalty.

(10/11/2006) EPA cites Del''''s Metal for clean-air violations - EPA Region 5 has filed an administrative complaint against Del''''s Metal Co. for alleged clean-air violations at the company''''s secondary aluminum production operation [in] Rock Island, Ill. EPA proposed a $100,548 penalty.

(10/04/2006) EPA cites Stroh Die Casting for clean-air violations - EPA Region 5 has filed an administrative complaint against Stroh Die Casting Inc. for alleged clean-air violations at the company''s plant [in] Milwaukee, Wis. EPA proposed a $70,922 penalty.

(10/04/2006) EPA reaches agreement with ADM on clean-air violations - EPA Region 5 has reached an agreement with Archer Daniels Midland Co. on alleged clean-air violations at the company''''s grain processing plant [in] Decatur, Ill. It includes two environmental projects totaling $1,020,000 and a $325,000 penalty.

October 2006 Region 9 News

(10/17/2006) EPA settles with Shell Oil and GSA over $1.2 million in cleanup costs at the Del Amo Superfund site - EPA has signed an agreement valued at approximately $1.2 million with the Shell Oil Company and the United States General Services Administration for recovery of response costs at the Del Amo Superfund Waste Pits located in Los Angeles County, Calif. The past costs to be paid by the settling parties are: Shell Oil Company, $398,821.91; General Services Administration $809,729.34.

(10/16/2006) EPA settles with Cyprus Tohono Corp. for clean up at mine site - EPA recently reached an agreement with Cyprus Tohono Corporation requiring the company to clean up a portion of its 10,505-acre mine site responsible for contaminating groundwater on the Tohono O’odham Nation, 32 miles southwest of Casa Grande, Ariz.

(10/05/2006) U.S. EPA settles with Taft, CA company for Clean Water Act violations - EPA announced resolution of Clean Water Act violations with GPS River Rock Products at its sand and gravel mining facility in Ventucopa, Santa Barbara County, Calif. In addition to paying a $35,870 fine, the mining company will transfer 22 acres of land in the Cuyama River watershed to the Bureau of Land Management for protection of habitat and the endangered California jewelflower. The company has also agreed to spend up to $130,000 to enhance and restore portions of the Cuyama River on BLM-owned land that have historically been used as illegal dump sites.

(10/03/2006) EPA files complaint against Burbank company and landowner for hazardous waste violations - EPA recently issued a complaint to the All Metals Processing Company and the landowner, Helen L. Powers Revocable Trust for hazardous waste violations at the company’s Burbank facility.

October 2006 Region 10 News

(10/23/2006) EPA settles storm water cases at construction sites near Anchorage - EPA recently settled cases with three Anchorage-area construction site operators for storm water control violations. The violations included failure to obtain permit coverage, failure to adequately plan for and implement erosion and sediment controls and failure to inspect and maintain such controls in compliance with the permit. The cases involved the following operators: White Raven Development, Inc. (at the Westpark Subdivision in Anchorage) - $3,650; Christensen Builders, Inc. (at the Chandler’s Cove Condos construction site in Anchorage) - $4,400; and Horseshoe Properties, LLC (at the Hidden Hills Subdivision, Phase II construction site in Eagle River) - $4,600.

(10/11/2006) E.C. Phillips and Sons, Inc., agrees to pay $25,000 EPA settlement to resolve Clean Water Act violations - E.C. Phillips and Son, Inc., a seafood processing facility [in] Ketchikan, Alaska, has agreed to pay a $25,000 penalty to settle water discharge permit violations with EPA.

(10/03/2006) J.H. Wise Sons Co. and Central Paving Co. agree to pay $18,000 penalty to settle Clean Water Act violations - J.H. Wise Sons Co. LLC and Central Paving Co., Inc. have agreed to pay an $18,000 penalty to resolve alleged violations of the Clean Water Act at the Boulder Heights Estates Subdivision construction site located on Warm Springs Blvd. in Boise, Idaho.

September 2006

September 2006 Headquarters News

(09/15/2006) Government reaches settlements with Seabord Foods and PIC USA - Under two related settlements, Seaboard Foods LP and PIC USA Inc., will take significant steps at many of their facilities to ensure future compliance with environmental laws and to resolve allegations that the companies contaminated groundwater and surface waters near several of their facilities, EPA and the Justice Department announced on Sept. 15. Under the first consent decree, Seaboard Foods and PIC USA, Inc will pay a civil penalty of $240,000 for violations of the Resource Conservation and Recovery Act dating back to 2001. In the second settlement, Seaboard will pay a civil penalty of $205,000 for failure to comply with the Clean Water Act and the Clean Air Act, and for failure to comply with the continuous release reporting requirements of Comprehensive Environmental Response, Compensation, and Liability Act and Emergency Planning and Community Right to Know Act. Payment of a $100,000 civil penalty by Seaboard in a separate Air Compliance Agreement with the EPA will be credited toward this amount.

(09/05/2006) EPA orders destruction of banned children''s products at Target, Dollar Tree, other stores - EPA has ordered five national retail chains to pull from their shelves cans of illegally imported confetti string products that contain banned hydrochlorofluorocarbons (HCFCs). These substances deplete the earth''s protective stratospheric ozone layer and increase the risk of skin cance

September 2006 Region 1 News

(09/28/2006) Worcester, Mass., fined for wastewater violations affecting local waters - The city of Worcester, Mass., will pay a penalty of $125,000 under a settlement with EPA for violations of the federal Clean Water Act that occurred as a result of sewage overflows from the City’s sanitary sewer collection system. The city’s sanitary sewer system has overflowed on at least 70 occasions over the past five years.

(09/27/2006) EPA files complaint against Conn. firm charged with violating pesticide laws - EPA''s New England office announced on Sept. 27 that it intends to seek monetary penalties against a Connecticut company that distributes and sells products intended for agricultural, aquatic, horticultural, turf, and general uses for alleged violations of pesticide laws. The office will be seeking the assessment of an administrative penalty against BioSafe Systems, L.L.C. of Glastonbury, Conn., citing violations of the Federal Insecticide, Fungicide and Rodenticide Act. EPA’s complaint proposes a penalty of $39,000.

(09/21/2006) EPA settles clean water case with Wentworth, N.H., sawmill - EPA announced that it has reached an agreement with Precision Lumber to settle claims that the Wentworth sawmill violated the terms of its permit to discharge storm water under the Clean Water Act. The N.H. company agreed to pay a penalty of $35,000 to resolve the violations.

(09/19/2006) EPA settles case with West Hartford, Conn., property owner for violations of toxic substances laws - EPA announced on Sept. 19 that it has reached a settlement agreement with Danny Corp. a West Hartford, Conn., property owner, for environmental violations of toxic substances laws at its property [in] Hartford, Conn. The EPA agreement requires Danny Corp. to pay a $61,200 penalty and conduct a site-wide investigation and cleanup of polychlorinated biphenyls (PCBs) – a toxic substance.

(09/19/2006) New Hampshire landlords to pay penalty and take steps to reduce risk oflead poisoning - Manchester, N.H., landlords, William and Johanna Morin, will pay a fine and take action to reduce the risk of lead poisoning at apartment buildings in Manchester. The settlement announced on Sept. 19 resolves EPA claims that the Morins violated lead paint disclosure laws at rental properties located in Manchester. Under the settlement, the Morins will pay a $4,035 fine and will abate lead-based paint hazards on exterior, multi-level decks at five Manchester apartment buildings. The lead abatement projects will cost approximately $40,000.

September 2006 Region 3 News

(09/27/2006) EPA cites Delaware mobile home park for unlawful sewage discharge - EPA is seeking an $80,335 penalty from the owners and operators of the Mobile Gardens Trailer Park of Seaford, Del., for Clean Water Act violations at the park’s wastewater treatment plant in an administrative complaint against K.C. Burnham & Associates of Pittsford, N.Y., and Mobile Gardens MHP, LLC of Seaford, Del.

(09/11/2006) EPA cites Allied Realty Co. for not notifying D.C. and Maryland tenants about lead-based paint - EPA has cited Allied Realty Corp. of Bethesda, Md., for violating a federal law requiring home sellers and landlords to disclose information on lead-based paint to prospective purchasers and tenants. According to EPA, Allied Realty failed to disclose information on lead-based paint to tenants in 16 rental properties in Washington, D.C. and its Maryland suburbs.

September 2006 Region 5 News

(09/29/2006) Hexion agrees to EPA clean-air order - EPA Region 5 has issued an administrative consent order to Hexion Specialty Chemicals Inc. that requires the company to install and operate additional emissions monitoring equipment at its chemical manufacturing plant [in] Carpentersville, Ill.

(09/28/2006) EPA cites Decorative Panels International for clean-air violations - EPA Region 5 has cited Decorative Panels International Inc. for alleged clean-air violations at the company''s hardboard production plant [in] Alpena, Mich.

(09/28/2006) EPA cites Nucor Steel for clean-air violations - EPA Region 5 has cited Nucor Steel for alleged clean-air violations at the company''s steel mini-mill [in] Crawfordsville, Ind.

(09/27/2006) EPA reaches agreement with Lehigh Cement - EPA Region 5 has reached an agreement with Lehigh Cement Co. on alleged clean-air violations at the company''s Portland cement plant [in] Mitchell, Ind. The agreement includes an $84,378 penalty.

(09/27/2006) Hazardous chemical release roundup: EPA settles two violations; announces three new cases - EPA Region 5 has recently settled cases involving late notification of a hazardous chemical release with Associated Milk Producers, New Ulm, Minn., and Millennium Inorganic Chemicals, Ashtabula, Ohio. New cases were filed involving facilities in Alsip, Ill., Rochester, Minn., and Cleveland, Ohio. Associated Milk Producers paid $20,000 to resolve a January 2006 complaint. Millennium Inorganic Chemicals paid $74,568 to resolve a May 2006 complaint. In a new case, EPA proposed a $20,150 fine against Coca-Cola Enterprises, Alsip, Ill. The facility was cited for failure to promptly report a 563-pound release of anhydrous ammonia. In the second new case, EPA proposed a $41,250 fine against Marigold Foods, Rochester, Minn. In the third new case, EPA proposed a $28,340 fine against ISG Cleveland, Cleveland, Ohio.

(09/12/2006) EPA cites Republic Engineered Products for clean-air violations - EPA Region 5 has cited Republic Engineered Products Inc. for alleged clean-air violations at the company''s steel mill [in] Lorain, Ohio.

(09/12/2006) EPA cites University of Cincinnati for clean-air violations - EPA Region 5 has cited the University of Cincinnati for alleged clean-air violations at the university''s power plant [in] Cincinnati, Ohio.

(09/12/2006) EPA settles with Jumpin Jimmy''''s gas stations on underground storage tank violations - EPA Region 5 has reached an agreement with Niebrugge Oil Co., former owner of Jumpin Jimmy''''s gas stations, on alleged violations of federal underground storage tank regulations. A $210,000 penalty will be paid.

(09/08/2006) EPA cites Certainteed for clean-air violations - EPA Region 5 has filed an administrative complaint against CertainTeed Corp. for alleged clean-air violations at the company''''s roofing materials manufacturing plant [in] Shakopee, Minn. EPA proposed a $272,140 penalty.

September 2006 Region 8 News

(09/14/2006) Developer, contractor settle with EPA over wetlands damage - Pietraszek Enterprises, Inc. and Munson Excavating, Inc. of El Paso County, Colo., have agreed to pay a $105,000 civil penalty for illegally damaging Monument Creek and its adjacent wetlands in Colorado Springs. In addition to the penalty, Pietraszek is required to correct the environmental damage resulting from the placement of unauthorized fill into wetlands and to restore the creek and wetlands to their pre-damaged condition.

September 2006 Region 9 News

(09/29/2006) Bay Area company to pay penalty to settle violation of Clean Air Act - EPA has settled a case with Green Products Co., of Richmond, Calif., for alleged violations of the federal Clean Air Act. Green Products was assessed a reduced penalty of $2,000 because of the company’s limited ability to pay a fine.

(09/28/2006) EPA settles with United Nuclear to investigate contamination at mine site - EPA reached an agreement on Sept. 28 with the United Nuclear Corporation requiring the company to further investigate contamination related to its historic uranium mining and processing operations at the Northeast Church Rock Mine site located on the Navajo Nation, approximately 16 miles northeast of Gallup, N.M.

(09/27/2006) EPA settles for $57,200 with Imperial Valley firm over pesticide violations - EPA has fined El Centro, Calif-based The Dune Company of Imperial Valley $57,200 for the alleged sale and distribution of pesticides with inadequate labels, in violation of federal pesticide law.

(09/20/2006) EPA settles case for $6,130 with Ventura County pet products company for allegedly selling unregistered pesticides - EPA recently reached a settlement for $6,130 with Intermarket Industries, Inc. – also known as Doc Ackerman Pet Products – of Oxnard, Calif., for the sale and distribution of unregistered pesticides in violation of federal pesticide law.

(09/20/2006) EPA settles with agribusiness firm for $15,600 for failing to report pesticides produced in India and Switzerland - EPA has settled with Syngenta Crop Protection of Greensboro, N.C., for allegedly failing to report the production of two pesticides that were produced abroad and later shipped to the U.S. through the Port of Los Angeles.

(09/20/2006) Vernon firm pays U.S. EPA $4,160 for selling unregistered Brazilian pesticide - Under the terms of a recent settlement with EPA, Landmark Enterprises of Vernon, Calif., agreed to pay $4,160 for allegedly selling an unregistered Brazilian pesticide in violation of federal law.

(09/14/2006) EPA settles case for $3,300 against Kamehameha Schools for alleged violation of pesticide permit - EPA reached a settlement on Sept. 14 for $3,300 with Kamehameha Schools for the improper use of a rodenticide within the Keauhou forest region on the Big Island, in violation of federal pesticide laws.

(09/11/2006) EPA settles case for $16,290 against So. Calif., company for pesticide violations - EPA has reached a settlement for $16,290 with DECCO Cerexagri, Inc., of Monrovia, Calif., for four violations of federal pesticide law, including the alleged sale and distribution of three pesticides with inadequate labeling and the failure to identify these pesticides in a 2005 report.

(09/07/2006) EPA fines Van’s Trading Co. $7,600 for underground storage tank violations - (San Francisco, CA) The U.S. Environmental Protection Agency settled with Van’s Trading Company in Tuba City, Ariz. and operator Lucky Mokhesi for underground storage tank violations at their facility on the Navajo Nation.

(09/07/2006) U.S. EPA settles wetlands case against Le Grand farmer - (SAN FRANCISCO) The U.S. Environmental Protection Agency has recently settled a case with Josh Ringeisen Accel Custom Farming for wetlands violations on his 238-acre agricultural property in Le Grand, Merced County, Calif.

September 2006 Region 10 News

(09/07/2006) FMC agrees to pay $85,000 civil penalty to settle EPA air quality case - The owners of the FMC Idaho LLC elemental phosphorous facility, located just west of Pocatello, Idaho, have agreed to pay an $85,000 penalty to settle federal Clean Air Act violations with EPA. The company ceased production of phosphorous from raw ore in 2001, but continued to process smaller amounts of phosphorous material as the plant was being decommissioned.

August 2006

August 2006 Region 1 News

(08/02/2006) Barry Controls to pay $80,000 for Clean Air Act violations at former Brighton, Mass., plant - Barry Wright Corp. will pay $80,000 to settle EPA claims that it violated the federal Clean Air Act at its former manufacturing plant in Brighton, Mass. EPA alleged that the company’s Barry Controls division failed to properly notify regulators that the company had installed a degreaser and had modified a boiler to increase its capacity.

(08/02/2006) City of Brockton, Mass., agrees to invest $86 million to improve sewage treatment system and pay $120,000 civil fine - EPA and others announced on Aug. 2 an agreement with the city of Brockton, Mass., that settles alleged violations of federal and state clean water laws and government-issued permits. Under the consent decree, Brockton will pay a $120,000 fine and invest in a $86 million sewage treatment upgrade to resolve allegations that the city’s publicly-owned treatment works had discharges that violated limits for phosphorous, total residual chlorine, fecal coliform, and ammonia, among other pollutants. Brockton also will undertake three Supplemental Environmental Projects.

August 2006 Region 2 News

(08/30/2006) EPA Cites the Virgin Islands Government For Widespread Hazardous Waste Violations - (New York, NY) The U.S. Environmental Protection Agency (EPA) has cited the U.S. Virgin Islands for widespread violations of federal rules for the proper management of certain hazardous wastes at many government facilities on all three islands. According to an Administrative Consent Order issued by EPA, government operations as diverse as schools, office buildings and motor pools, as well as the Virgin Islands Department of Public Works, repeatedly failed to separate out hazardous waste from regular garbage items.

(08/30/2006) EPA Slams Developer for Flouting Clean Water Act - (New York, NY ) In a further demonstration of its commitment to pursue those who threaten water quality and run afoul of the Clean Water Act, the United States Environmental Protection Agency is taking action against a Gurabo developer for improper construction activities affecting El Rio Grande de Loiza. The Agency today announced a proposed penalty of $97,000 against Jose Lopez Roig, President, Estancias de Siervas de Maria, Inc. for failing to obtain the required permit for construction activities that would have avoided runoff from polluting the area surrounding its 19-acre construction site in Gurabo, Puerto Rico.

August 2006 Region 3 News

(08/23/2006) EPA cites WASA for past errors in reporting lead sampling data - EPA has cited the District of Columbia Water and Sewer Authority for violations of a Safe Drinking Water Act consent order addressing past problems with lead in the district’s drinking water. In the administrative complaint announced on Aug. 23, EPA seeks a $27,500 penalty for WASA’s noncompliance with data management and reporting requirements of the 2004 consent order.

August 2006 Region 4 News

(08/15/2006) Federal government reaches settlement with pipeline companies regarding crude oil spills - The federal government reached a settlement on Aug. 15 with Mid-Valley Pipeline Company and pipeline operator Sunoco Pipeline L.P. requiring the companies to pay a $2.57 million penalty relating to a January 2005 spill that dumped more than 260,000 gallons of crude oil into the Kentucky and Ohio Rivers.

(08/04/2006) U.S. reaches settlement with Currahee Club LLC for Clean Water Act violations - EPA and the Department of Justice announced on Aug. 4 that they have reached a Clean Water Act settlement with Currahee Club, LLC, for alleged violations of the Clean Water Act. Under the terms of the settlement, Currahee is required to pay a penalty of $600,000, and to restore off-site stream and wetlands properties in the upper Savannah River watershed to repair damage caused to the environment, at an estimated cost in excess of $3 million. This requirement takes effect after a 30-day public comment period.

August 2006 Region 5 News

(08/28/2006) EPA reaches agreements with two Cleveland area companies on clean-air violations - (CHICAGO) U.S. Environmental Protection Agency Region 5 has reached agreements with Beck Aluminum Corp., 300 Allen Bradley Drive, Mayfield, Ohio, and Remelt Services Inc. on alleged clean-air violations at Remelt''s aluminum recovery plant at 6560 Juniata Ave., Cleveland. Beck will pay a $70,000 penalty and Remelt will pay a $10,000 penalty.

(08/28/2006) EPA settles with Buckingham Coal Co. for filling in streams - (CHICAGO) U.S. Environmental Protection Agency Region 5 has settled with Buckingham Coal Co. of Gloucester, Ohio, for filling in several streams without first obtaining the necessary federal permits. The company has agreed to pay a $73,500 penalty. In addition, under a separate agreement, it must apply for after-the-fact permits and correct the effects of the alleged violations, including restoring twice as much length of streambeds as were affected.

(08/23/2006) EPA and DOJ reach agreement with A. Finkl and Sons - EPA and the Department of Justice have reached an agreement with A. Finkl & Sons Co. on alleged clean-air violations at the company''''s steel forging plant [in] Chicago. The company agreed to do two environmental projects totaling $620,000, to pay a $75,000 penalty and to comply with the Clean Air Act. For one of its environmental projects, Finkl will spend $545,000 to install burners on one of its gas-fired furnaces that will cut smog-producing nitrogen oxide emissions by at least five tons a year. The company will also spend $75,000 to retrofit approximately 34 city of Chicago vehicles with diesel emission reduction devices.

(08/18/2006) EPA cites Dow Corning for clean-air violations - EPA Region 5 has cited Dow Corning Corp. for alleged clean-air violations at two of its production processes at 3901 S. Saginaw Road, Midland, Mich.

(08/15/2006) EPA cites Sturgis Iron and Metal for clean-air violations - EPA Region 5 has cited Sturgis Iron and Metal Co. Inc. for alleged clean-air violations at the company’s secondary aluminum production plant [in] South Bend, Ind.

(08/14/2006) EPA cites Mittal Steel for clean-air violations - EPA Region 5 has cited Mittal Steel USA Inc. for alleged clean-air violations at the company''''s steel mill [in] Burns Harbor, Ind.

(08/09/2006) EPA cites Kerry Ingredients for clean-air violations - EPA Region 5 has cited Kerry Ingredients for alleged violations of EPA regulations to protect stratospheric ozone at the company''s bread crumb manufacturing plant [in] Millstadt, Ill.

(08/09/2006) EPA reaches agreement with Ashland on clean-air violations - EPA Region 5 has reached an agreement with Ashland Inc. on alleged clean-air violations at the company''s resin manufacturing plant [in] Calumet City, Ill. The agreement includes a $60,000 penalty and an environmental project costing $154,400.

(08/02/2006) EPA settles two cases, cites Illinois Aldi warehouse - Two cases involving late notification of hazardous chemical releases were recently settled by EPA Region 5. The facilities are located in Riverdale, Ill., and Zeeland, Mich. A new case involving an Aldi warehouse in Dwight, Ill., was also filed. Westway Terminals Co., Riverdale, Ill., paid $15,000 to resolve EPA''s October 2005 complaint. Zeeland Chemicals, Zeeland, Mich., paid $10,000 to resolve EPA''s October 2005 complaint.

August 2006 Region 9 News

(08/24/2006) Orchard Supply Hardware to pay more than $20 K for allegedly selling an unregistered pesticide - EPA has fined Orchard Supply Hardware, based in San Jose, Calif., for allegedly selling a pesticide that has not been registered with the federal government. OSH has agreed to pay a $21,960 penalty in this case.

(08/16/2006) EPA, NOAA fine dredging company $735,000 for ocean dumping violations off northern California coast - EPA and the National Oceanic and Atmospheric Administration recently reached two settlements with San Rafael-based Dutra Dredging Company, requiring the company to pay a combined $735,000 fine for ocean dumping violations. The company will pay a $450,000 EPA fine and pay NOAA $285,000 to fund projects to protect and restore the natural environment of the Gulf of the Farallones National Marine Sanctuary.

(08/09/2006) Guam printing facility to pay $12,500 for hazardous waste violations - EPA recently reached a settlement that requires Graphic Center, Inc. to pay a fine of $12,500 for hazardous waste violations at its Maite, Guam facility.

August 2006 Region 10 News

(08/29/2006) Forest Oil Corporation Agrees To Pay $813,000 for Clean Water Act Violations at Osprey Platform in Cook Inlet, Alaska - (Seattle, WA) Forest Oil Corporation, based in Anchorage, Alaska, has agreed to pay $813,000 in civil penalties to resolve violations of the federal Clean Water Act at the Osprey Platform, a production platform located in Cook Inlet, Alaska.

(08/24/2006) EPA takes legal action against Safety Waste Incineration for violations of federal Clean Air Act - The U.S. Government has filed a complaint against the owners of a Wasilla medical waste incinerator alleging that the incinerator’s emissions of toxic pollutants violate federal Clean Air Act standards and EPA regulations. The complaint was filed by the Department of Justice on behalf of the U.S. Environmental Protection Agency against Nancy and James Oliver who are doing business as Safety Waste Incineration. The complaint was filed in federal district court in Anchorage.

(08/08/2006) City of Kooskia, Idaho, agrees to $3,500 EPA settlement to resolve Clean Water Act violations - The city of Kooskia, ID, has reached a $3,500 settlement with EPA for Clean Water Act violations related to the city’s municipal wastewater discharge.

(08/08/2006) EPA reaches settlement with two Idaho developers for storm water violations - EPA has reached settlements with Primeland Development Company, LLP, and GM Development, LLC, for violations of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP). Primeland Development Company, LLP settled for a penalty in the amount of $2,550 for violations at its construction site in Meridian, Idaho. EPA also settled with GM Development, LLC for a penalty in the amount of $12,900.

(08/03/2006) Des Moines landlords cited for serious violations of federal lead rules - EPA has filed a complaint against Des Moines, Wash., landlords Stanley Xu, Breakwater Apartments, L.L.C., and Longwell Company, alleging they failed to notify their tenants that lead-based paint could pose serious health threats to children or pregnant women. Longwell Company manages the Breakwater Apartments in Des Moines. Each violation carries a maximum penalty of $11,000.

(08/03/2006) EPA and the Port of Tacoma reach settlement over PCB violations - EPA''s Seattle office announced on Aug. 3 that the Port of Tacoma will pay $7,676 for PCB violations. EPA cited the Port for storing leaking electrical equipment contaminated with polychlorinated bi-phenyls (PCBs) in violation of the federal Toxic Substances Control Act .

(08/01/2006) Government reaches agreement with Asarco and Point Ruston to clean up contaminated site in Washington State - The federal government reached an agreement on August 1 that will help protect the health and the environment of Tacoma and Ruston-area citizens by expediting the estimated $28 million cleanup of the Asarco Smelter Site in Tacoma and Ruston, Wash. The agreement will allow Asarco to sell the Asarco Smelter property, which is part of the Commencement Bay Nearshore/Tideflats Superfund Site, to Lacey, Wash.-based developer Point Ruston LLC. This ensures that the cleanup work required on the approximately 97 acquired acres of contaminated land will be completed. Under this agreement, Point Ruston will assume all cleanup obligations on the property owned by Asarco and assume significant cleanup obligations on adjacent land which was also contaminated by Asarco’s past operations.

July 2006

July 2006 Region 1 News

(07/28/2006) City of Chicopee, Mass., agrees to address wastewater discharges and pay $115,000 fine - Under the terms of a consent decree filed in federal court, the city of Chicopee, Mass., will upgrade its sewer system to abate pollutant discharges from its combined sewer overflows and pay a fine of $115,000. For many years, the city of Chicopee’s sewage system has resulted in discharges of untreated sewage and stormwater into the Chicopee and Connecticut rivers. Under the agreement, the city will take actions to reduce discharges of untreated CSOs, which will enhance fishing and recreational opportunities in the two rivers, and will also address longstanding problems in some Chicopee neighborhoods that have suffered from sewer backups.

(07/28/2006) Maine oil facility faces EPA fine for lack of oil spill preparedness - A petroleum storage and distribution company in Lisbon Falls, Maine, faces an EPA penalty for failing to plan for and guard against oil spills at its bulk oil storage facility. According to a complaint filed by EPA''s New England office, the Lisbon Fuel Company did not have a "Spill Prevention, Control, and Countermeasure" plan in place, as required by the federal Clean Water Act.

(07/13/2006) Kraft Foods resolves two environmental cases by agreeing to pay penalties and perform environmental project at Woburn, Mass., facility - EPA has resolved two administrative enforcement cases with a food processing facility in Woburn, Mass. owned and operated by Kraft Foods Global, Inc., for claims that it violated environmental requirements. One case involves an air release of 125 pounds of ozone-depleting refrigerant, and the other case involves a 500 gallon release of oil which migrated to a nearby river. To resolve the [first] case Kraft agreed to pay a $15,000 penalty and to spend an additional $300,000 to perform a supplemental environmental project involving replacement or retrofit of several of its IPR units. Kraft [also] resolved a second, unrelated case involving a December 26, 2005 oil spill, in which 500 gallons of No. 6 fuel oil discharged to soil from a leaking transfer pipe.

(07/12/2006) Mass. recycling facility facing fines for Clean Water Act violations - Wood Waste of Boston, an Everett, Mass. construction and demolition debris recycling facility, is facing a fine of up to $157,500 and is required to take actions to prevent pollution from entering the Mystic River watershed. An EPA complaint against Wood Waste alleges that the Everett company violated the federal Clean Water Act by discharging storm water from industrial activities on its site to the Island End River without a permit, and for failing to prepare a storm water pollution prevention plan.

(07/06/2006) Cambridge, Mass., company will pay $118,000 penalty for Clean Air Act violations - Cambridge Brands, Inc., a subsidiary of Tootsie Roll Industries, Inc., will pay $118,000 to settle EPA claims that the company’s Cambridge, Mass. facility violated the federal Clean Air Act.

(07/06/2006) Salem, Mass., housing authority faces fines for failure to disclose lead paint hazards to tenants - The Salem Housing Authority, a public housing agency that owns and manages approximately 715 low-income housing units in Salem, Mass., may pay a significant penalty for violations of federal lead paint disclosure laws. Under an administrative complaint issued last week, EPA claims that the authority violated several federal Lead Disclosure Rule requirements at 14 of its residential units, by failing to disclose information about the existence of lead paint and lead paint hazards to tenants who rented apartments between April 2002 and October 2005. EPA is seeking penalties up to $11,000 for each violation claimed in the agency’s complaint.

July 2006 Region 2 News

(07/19/2006) EPA cites two Suffolk County firms for selling off-spec, misbranded pesticides - A pesticide producer and a telemarketer/distributor in Suffolk County, N.Y., have been cited by the EPA for multiple violations of the federal pesticide law. EPA is seeking financial penalties totaling nearly $1.5 million in separate complaints against the Topaz Turf Corporation in Holtsville and Southern Chemical Supply, Inc. in Bohemia, which used Topaz as its supplier. EPA is alleging the companies distributed off-spec and misbranded pesticides to the public since at least October 2003. In addition, the agency charged Topaz with selling an unregistered pesticide (to kill insects on plants) and failing to maintain and furnish production records. EPA also alleges that Southern made misstatements in the sale of the pesticides.

July 2006 Region 3 News

(07/06/2006)