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2008 Region 10 Compliance and Enforcement Annual Results

Enforcement efforts drive big pollution reductions in the Pacific Northwest and Alaska

Our enforcement results speak for themselves. We've increased our inspections, more than doubled the pounds of pollution reduced or treated, and required more than $57 million in process improvements to ensure future compliance. This translates directly into better health protection for both the environment and local communities. - Elin Miller, Regional Administrator

Enforcement work in the Pacific Northwest and Alaska helped reduce or treat almost 22 million pounds of pollution in the region in 2008. Enforcement data gathered also reveals that 1,183 inspections led to 142 completed enforcement actions, resulting in facilities investing over $57 million in plant and process improvements to insure compliance. In terms of pollution reduced or treated, 2008 represents an 133% increase over last year.

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Compliance and Enforcement Annual Results
Numbers at a Glance
Region 10

Results Obtained from EPA Civil Enforcement Actions
Estimated Environmental Benefit Commitments:  
  Direct Environmental Benefits  
 
  • Hazardous Waste Treated, Minimized, or Properly Disposed of (Pounds) (1)
21,244,945
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
5,867
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
935,782
 
  • Wetlands Protected (Acres)
195
Investments in Pollution Control and Clean-up (Injunctive Relief) $57,719,248
Investments in Environmentally Beneficial Projects (SEPs) $1,688,308
Civil Penalties Assessed  
  Administrative Penalties Assessed $2,106,553
  Judicial Penalties Assessed $944,243
  Stipulated Penalties Assessed $325,000
   
EPA Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 18
Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ 3
Civil Judicial Complaints Filed with Court 7
Civil Judicial Enforcement Case Conclusions 4
Administrative Penalty Order Complaints 114
Final Administrative Penalty Orders 116
Administrative Compliance Orders 22
Cases with SEPs 9
   
EPA Compliance Monitoring Activities
Inspections/Evaluations 1,183
Civil Investigations 23
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations 79
Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations 842
Inspections Conducted by Tribal Inspectors Using Federal Credentials (2) 37
 
EPA Superfund Cleanup Enforcement
% of non-Federal Superfund Sites with Viable, Liable Parties where an Enforcement Action was taken Prior to the Start of the Remedial Action 100%
Private Party Commitments for Site Study and Cleanup (including cash outs) $3,800,000
Private Party Commitments for Cost Recovery $700,000
% of Cost Recovery Cases Greater than or Equal to $200,000 that were Addressed before the Statute of Limitations Expired 100%
   
EPA Voluntary Disclosure Program
Voluntary Disclosures Initiated (Facilities) 6
Voluntary Disclosures Resolved (Facilities) 13
Voluntary Disclosures Initiated (Companies) 6
Voluntary Disclosures Resolved (Companies) 9
Notice of Determination (NODs) 9
   
EPA Compliance Assistance
Total Entities Reached by Compliance Assistance 129,343

Sources for Data displayed for Numbers at a Glance:  Integrated Compliance Information System (ICIS), Criminal Case Reporting System, Comprehensive Environmental Response, Compensation & Liability Information System (CERCLIS), Resource Conservation and Recovery Act Information (RCRAInfo), Air Facility System (AFS), and Permit Compliance System (PCS) October 11, 2008.

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Federal Data Presented State-by-state (3)

EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit. The data below shows EPA's activities and achievements.

Caveat - A single enforcement case that addresses facilities located in more than one state will be counted in the total for each state with a facility.  The results achieved from this enforcement action will also be counted in each state with a facility. 

Region 10, Alaska

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):  
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
3,964,179
Investments in Pollution Control and Clean-up (Injunctive Relief) $3,550,400
Investments in Environmentally Beneficial Projects (SEPs) $72,000
Civil Penalties Assesssed $632,593
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 1
Final Administrative Penalty Orders 11
Administrative Compliance Orders 2

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Region 10, Idaho

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):  
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
9,333,735
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
5,000
Investments in Pollution Control and Clean-up (Injunctive Relief) $3,753,050
Civil Penalties Assesssed $861,111
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 1
Final Administrative Penalty Orders 35
Administrative Compliance Orders 6

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Region 10, Oregon

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):  
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
3,899,350
  • Contaminated Water to be Cleaned Up (Cubic Yards)
935,782
Investments in Pollution Control and Clean-up (Injunctive Relief) $45,675,057
Civil Penalties Assesssed $414,984
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 3
Final Administrative Penalty Orders 17
Administrative Compliance Orders 6

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Region 10, Washington

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):  
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
4,149,241
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
867
Investments in Pollution Control and Clean-up (Injunctive Relief) $9,061,091
Investments in Environmentally Beneficial Projects (SEPs) $1,616,308
Civil Penalties Assesssed $2,243,845
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 3
Final Administrative Penalty Orders 56
Administrative Compliance Orders 9

Sources for Data displayed for Federal Data Presented State-by-State:  Integrated Compliance Information System (ICIS)

(1) Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.

(2) In FY 2008, for the first time, OECA is creating a separate reporting category to count the number of tribal inspections conducted by tribal inspectors using federal credentials.  Inspections conducted by tribal inspectors using federal credentials are done "on behalf' of the Agency, but are not an EPA activity.

(3) The totals in the State-by-state reports may not equal the totals in the Region 10 results section for all categories. This is because some FY 2008 EPA enforcement cases addressed violations at multiple facilities. In some instances, the facilities addressed in one case were not all located in the same state. Where this is the case, the action and its results have been counted in each state where a facility is located, which may lead to aggregate state enforcement action counts and results that are higher than the total activity and results count for the region as a whole.

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Federal Case Highlights Presented State-by-state

Alaska

Alaskan Seafood Processor Fined $54,061 for Storm Water Violations
(Naknek, Alaska – April 10, 2008) Leader Creek Fisheries, LLC (Leader Creek), an Alaskan seafood processor located in Naknek has agreed to pay a $54,061 penalty to settle alleged federal Clean Water Act stormwater violations. Based on an inspection of Leader Creek on June 24, 2003 and a follow-up inspection on July 7, 2006, EPA and the Alaska Department of Environmental Conservation found that Leader Creek was not in compliance with its National Pollutant Discharge elimination System permit. Read the full press release.

Alaska Landowner to Pay over $32,000 in Penalties for Wetlands Violations
(Anchorage, Alaska – August 5, 2008) Mr. David R. Sweezey is facing penalties from the U.S. Environmental Protection Agency (EPA) for illegally filling wetlands and streams on his Anchorage, Alaska property. Following EPA’s Clean Water Act complaint against Mr. Sweezey, EPA can now seek penalties of up to $32,500 per day of violation and administrative penalties of up to $11,000 per day for each violation. In July 2003, Mr. Sweezey used heavy equipment to clear, grade, and fill wetlands and streams to create a pond on his property without first obtaining a required Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers. Read the full press release.

City of Anchorage Fined $40,300 for Failing to Properly Manage Hazardous Waste
(Anchorage, Alaska – September 30, 2008) The U.S. Environmental Protection Agency (EPA) announced a $40,300 settlement with the Municipality of Anchorage for failure to properly manage hazardous waste at its Anchorage Public Transportation Department Maintenance facility located at 3650 East Tudor Road, Anchorage, Alaska. Read the full press release.

Idaho

Tamarack Resort Pays $185,000 Penalty for Storm Water Violations
(Boise, Idaho - January 24, 2008) Tamarack Resort LLC, located approximately 100 miles north of Boise, Idaho, has agreed to pay the United States $185,000 to resolve storm water violations discovered on the resort’s property in 2005 and 2006. The Justice Department and U.S. Environmental Protection Agency (EPA) agreement also calls for Tamarack to restrict its winter construction schedule this year and upgrade its “Best Management Practices” for future winter construction seasons. Read the full press release.

Idaho Property Owner and Contractor Fined $40,000 for Wetlands Violations
(Ponderay, Idaho - April 28, 2008) Robin S. Behrens, Charles E. Kramer and C.E. Kramer and Contracting, Inc., of Bonner County, Idaho have reached a $40,000 settlement with the U.S. Environmental Protection Agency (EPA) for alleged violations of the Clean Water Act. The violations involved filling wetlands on Robin Behrens' property near Lake Pend Oreille without a permit. Read the full press release.

Idaho Transportation Dept Pays $325,000 Penalty for Storm Water Violations
(Mica, Idaho - July 8, 2008) The Idaho Transportation Department (ITD) will pay $325,000 in additional penalties for numerous violations of a 2006 Clean Water Act Consent Decree. The Consent Decree was the result of Clean Water Act violations by ITD and its contractor from 2001 to 2003, committed during the "Mica to Bellgrove" Highway 95 realignment project in northern Idaho. Read the full press release.

Idaho Utilities and Contractors Fined $14,950 for Storm Water Violations
(Hayden, Idaho – July 23, 2008) Lakes Highway District, SI Construction, and Hayden Lake Recreational Water and Sewer District, operators at a Hayden, Idaho construction site, paid $14,950 to settle a Clean Water Act case with the U.S. Environmental Protection Agency (EPA). The case arose from an EPA storm water compliance inspection at the Lancaster Road Phase I construction site in March. Read the full press release.

Oregon

Wilco-Winfield LLC to Pay over $18,000 for Violating Federal Pesticide Rules
(Mt. Angel, Oregon – August 25, 2008) The U.S. Environmental Protection Agency (EPA) reached an $18,400 settlement with Wilco-Winfield, LLC (formerly Wilco-Farmers/Agriliance) for violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Wilco-Winfield had been producing pesticides in an unregistered establishment and selling pesticides which were misbranded. Read the full press release.

Truax Oil, Inc. Fined $137,500 for Fuel Spill near Roseburg, Oregon
(Corvallis, Oregon - September 17, 2008) The U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA), lodged a Consent Decree in federal court to settle alleged violations of the federal Clean Water Act by Truax Oil, Inc. Truax is a petroleum marketer based in Corvallis, Oregon. Truax has agreed to pay a $137,500 penalty to the United States and the State of Oregon. According to court papers, the government alleged that the violations occurred on March 11, 2006, when a Truax tanker truck struck a guardrail, overturned and caught fire, resulting in the release of approximately 11,000 gallons of fuel (9,000 gal of gasoline and 2,000 gal of diesel). Read the full press release.

Washington

Puget Sound Energy (PSE) Fined $471,900 for Fuel Spill near Crystal Mountain
(Crystal Mountain, Washington - April 21, 2008) The U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA), signed a “Stipulated Order of Settlement” with Puget Sound Energy (PSE). Central to the settlement is PSE’s agreement to pay a $471,900 EPA penalty, which will resolve federal Clean Water Act claims against the Bellevue-based energy company. Olympic pipeline rocked Whatcom County. Read the full press release.

Property Owner Faces over $32,000 in Penalties for Wetlands Violations
(Winlock, Wash. June 9, 2008) The U.S. Environmental Protection Agency (EPA) has issued a Compliance Order to Mr. Phil Smith, of Chehalis, Washington, to address violations of the federal Clean Water Act. The violations occurred at Mr. Smith’s 190 acre property along Interstate 5 in Lewis County near Winlock, Washington. EPA alleges that in summer and fall of 2007, Mr. Smith failed to obtain required permits before using heavy equipment to clear and fill an estimated 100 acres of wetlands. Read the full press release.

Roy Farms to Pay over $29,000 for Emergency Prevention and Safety Violations
(Moxee, Washington - August 14, 2008) Roy Farms, Inc. agreed to pay $29,320 for alleged federal Clean Air Act emergency prevention and planning violations. The alleged violations occurred between July 2002 and July 2007. As part of the settlement with the EPA, Roy Farms also has corrected all alleged violations, and agreed to spend at least $84,120 on new communications and safety equipment for the East Valley fire Department, Yakima County Fire District #4, to improve the department’s capabilities in responding to hazardous material emergencies. Read the full press release.

Washington Beef Fined $115,942 for Emergency Prevention and Safety Violations
(Toppenish, Washington - September 22, 2008) Washington Beef, a beef processing facility in Toppenish, Washington, will spend at least $115,942 to settle alleged risk management program violations under the federal Clean Air Act. The Washington Beef facility uses more than 10,000 lbs of anhydrous ammonia for refrigeration purposes. At that level of use, the Clean Air Act requires the company to implement a Risk Management Program. Under the terms of the settlement, the company will pay a penalty of $25,942, and spend at least $90,000 for a new internal ammonia alarm system and related safety equipment. Read the full press release.

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