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2010 Region 5 Compliance and Enforcement Annual Results
Compliance and Enforcement Annual Results
- Regional Numbers at a Glance
- Federal Data presented State-by-State
- Federal Case Highlights presented State-by-State
Enforcement of environmental laws resulted in nearly $6 billion invested in pollution control and cleanup during fiscal year 2010 in Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. The largest cases are three Midwest oil spills -- Enbridge Energy Partners for spills in Marshall, Mich. and Romeoville, Ill., and BP Products North America Inc. for a spill in Whiting, Ind. Judgements against Cincinnati and Hamilton County required them to spend $1.79 billion to reduce untreated combined sewer and sanitary sewer overflows.
In addition, Region 5's enforcement efforts will cause more than $1.8 million to be spent for supplemental projects benefiting communities and populations that could be disproportionately affected by the violation of environmental laws.
During FY10, more than 16.9 million pounds of pollution were reduced, treated or eliminated in Region 5. There were 1,415 violations reported with a resulting 2,750 pounds of hazardous wastes, 161 lab packs and 10 pounds of radioactive waste removed and disposed of.
In FY 2010, Region 5 successfully negotiated and finalized decisions on 11 disclosures submitted by participants in the Region's Audit Agreement with Colleges and Universities. Approximately 1415 violations were disclosed and have been corrected, resulting in the removal and disposal approximately 2750 pounds of hazardous wastes, 161 lab packs and 10 pounds of radioactive wastes.
Region 5 Compliance and Enforcement Annual Results
Numbers at a Glance
| Civil Enforcement | ||
|---|---|---|
| EPA Civil Enforcement Actions | ||
| Direct Environmental Benefits | ||
|
169,464,424 | |
| 1,756,000 | ||
|
2,373,607 | |
|
1,715,167 | |
|
0 | |
|
49 | |
|
174,017 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $4,527,251,561 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $6,322,130 | |
| Civil Penalties Assessed | ||
| Administrative Penalties Assessed | $3,851,862 | |
| Judicial Penalties Assessed | $8,358,993 | |
| State/Local Judicial Penalties Assessed From Joint Federal-State/Local Enforcement Actions (3) | $3,573,557 | |
| Stipulated Penalties Paid | $175,988 | |
| Civil Enforcement and Compliance Activities | ||
| Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) | 44 | |
| Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ | 20 | |
| Civil Judicial Complaints Filed with Court | 30 | |
| Civil Judicial Enforcement Case Conclusions | 33 | |
| Administrative Penalty Order Complaints | 172 | |
| Final Administrative Penalty Orders | 173 | |
| Administrative Compliance Orders | 143 | |
| Cases with Supplemental Environmental Projects | 22 | |
| EPA Compliance Monitoring Activities | ||
| Inspections/Evaluations | 3533 | |
| Civil Investigations | 97 | |
| Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations | 407 | |
| Superfund Cleanup Enforcement | ||
| Amount Committed by Liable Parties to Clean up Superfund Sites | $1,096,212,102 | |
| Amount Committed by Liable Parties to Pay for Government Oversight of Superfund Cleanups | $11,618,191 | |
| Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites | $8,595,991 | |
| Voluntary Disclosures | ||
| Commitments to Reduce, Treat or Eliminate Pollution as a Result of Voluntary Disclosures (pounds) | 41,960 | |
| Voluntary Disclosures Initiated (Facilities) | 67 | |
| Voluntary Disclosures Resolved (Facilities) | 229 | |
| Voluntary Disclosures Initiated (Companies) | 64 | |
| Voluntary Disclosures Resolved (Companies) | 53 | |
| EPA Compliance Assistance | ||
| Assistance Tools | 0 | |
| Workshops and Trainings | 54 | |
| Facility Visits, Re-Visits and Ongoing Facility Specific Work | 0 | |
Sources for Data displayed in this document: Integrated Compliance Information System (ICIS), 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 13, 2009
Footnotes:
- Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.
- In FY 2008, for the first time, OECA initiated a new Environmental Benefits outcome reporting category to count pounds of "Hazardous Waste Treated, Minimized or Properly Disposed Of " from enforcement cases. OECA has determined that none of the previously established outcome categories are appropriate for counting the environmental benefits obtained from EPA's hazardous waste cases. For FY 2008, this new pilot category includes only results from RCRA cases, but, in the future, similar results obtained from enforcement actions under other statutes, particularly CERCLA, may also be included.
Federal Data Presented State-by-state
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 5, Illinois
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
|
|
530,877 |
|
0 |
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) |
$626,537,321 |
Investments in Projects that Benefit the Environment & Public Health (supplemental Environmental Projects) |
$386,855 |
Civil Penalties Assessed |
$2,534,458 |
Civil Judicial Enforcement Case Conclusions |
19 |
Final Administrative Penalty Orders |
45 |
Administrative Compliance Orders |
35 |
Region 5, Indiana
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
75.293,525 |
|
19 |
|
0 |
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) |
$403,511,972 |
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) |
$4,447,395 |
Civil Penalties Assessed |
$3,374,405 |
Civil Judicial Enforcement Case Conclusions |
10 |
Final Administrative Penalty Orders |
21 |
Administrative Compliance Orders |
23 |
Region 5, Michigan
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
13,667,101 |
|
501,000 |
|
1,000 |
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) |
$1,444,226,274 |
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) |
$414,715 |
Civil Penalties Assessed |
$1,616,668 |
Civil Judicial Enforcement Case Conclusions |
9 |
Final Administrative Penalty Orders |
42 |
Administrative Compliance Orders |
14 |
Region 5, Minnesota
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
4,662 |
|
0 |
|
0 |
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) |
132,383,500 |
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) |
$32,246 |
Civil Penalties Assessed |
$574,006 |
Civil Judicial Enforcement Case Conclusions |
2 |
Final Administrative Penalty Orders |
21 |
Administrative Compliance Orders |
3 |
Region 5, Ohio
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
45.317,695 |
|
1,340,691 |
|
1,714,167 |
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) |
$2,108,522,520 |
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) |
$379,200 |
Civil Penalties Assessed |
$3,494,738 |
Civil Judicial Enforcement Case Conclusions |
17 |
Final Administrative Penalty Orders |
26 |
Administrative Compliance Orders |
39 |
Region 5, Wisconsin
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
1,015,648 |
|
0 |
|
0 |
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) |
$14,143,795 |
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) |
$65,401 |
Civil Penalties Assessed |
$622,368 |
Civil Judicial Enforcement Case Conclusions |
6 |
Final Administrative Penalty Orders |
16 |
Administrative Compliance Orders |
14 |
Federal Case Highlights Presented State-by-state
- Illinois: Concentrated animal feeding operations (CAFO) Enforcement in Illinois
- Indiana: Jeffersonville, Wastewater Consent Decree
- Michigan: Import Blitz
- Minnesota: Robert Christensen Case
- Ohio: Kogan Realty Enterprise
- Illinois & Ohio: McWane Settlement
CAFO Enforcement in Illinois
During 2010 EPA Region 5 ordered 10 Illinois dairy and beef feedlot and swine facilities to stop unauthorized discharges of manure and process wastewater into rivers and streams in violation of the Clean Water Act. Using administrative orders, EPA required the concentrated animal feeding operations to apply for permits from Illinois EPA under the National Pollutant Discharge Elimination System and to stop unauthorized discharges.
The CAFOs are located in northwest and southern Illinois in tributary watersheds of the Mississippi River that are classified as polluted. EPA inspectors found the facilities were not using structures and management practices to prevent discharges of manure, process wastewater and other animal production waste. Livestock manure and wastewater contain pollutants such as pathogens, ammonia, oxygen-depleting organic matter, sediment, nitrogen and phosphorus and can be a significant source of water quality impairments.
To stop unauthorized discharges, facilities may be required to construct or modify manure and wastewater storage structures, redesign production areas or change waste and material handling practices. EPA’s enforcement actions at 10 facilities in 2010 will annually prevent an estimated 536,600 pounds of pollutants from entering the tributaries.
Facilities that received orders during FY 2010 include:
Greenville Livestock Inc., a large operation with approximately 2,000 cattle located near Centralia, Ill. An administrative penalty order was issued to address illegal discharge claims brought in 2008. In 2010 the facility agreed to pay a $40,000 cash penalty to fully resolve the past violations.
Rancho Cantera, a large dairy operation with approximately 1,325 cows located near Kent, Ill., in Stephenson County. EPA believes the facility discharges to Yellow Creek, which flows to the Pecatonica River, then to the Rock River and finally to the Mississippi River.
Breese Site Hog Farm, a large swine-finishing operation with approximately 5,000 hogs weighing more than 55 pounds located near Breese, Ill., in Clinton County. EPA believes the facility discharges to an unnamed tributary of Shoal Creek, which flows to the Mississippi River.
Westridge Dairy, a large dairy operation with more than 700 cows located near Red Bud, Ill., in Randolph County. EPA believes the facility discharges to the Prairie Branch and then Horse Creek. Horse Creek is a tributary to the Kaskaskia River that flows to the Mississippi River.
Birchen Farms Inc., a large dairy operation with approximately 770 cows located near Pearl City, Ill., in Stephenson County. EPA believes the facility discharges into an unnamed tributary, which flows to the East Plum River, then to the Plum River, a tributary of the Mississippi River.
Car-Mer Dairy Farm, a medium-sized dairy farm with approximately 360 cows located near Galena, Ill., in Jo Daviess County. EPA believes the facility discharges to an unnamed tributary of the Sinsinawa River, which flows to the Mississippi River.
Steffes Holsteins Dairy Farm, a medium-sized dairy operation with more than 200 cows located near Elizabeth, Ill., in Jo Daviess County. EPA believes the facility discharges to an unnamed tributary of the Rush River, which flows into the Mississippi River.
Diekemper Bros. Inc., a medium-sized dairy operation with approximately 500 cows located near Carlyle, Ill., in Clinton County. EPA believes the facility discharges to the Flat Branch then to Beaver Creek. Beaver Creek empties into Shoal Creek, which flows to the Mississippi River.
Seabaugh Pork Farms, a medium-sized swine operation with approximately 2,300 hogs weighing more than 55 pounds located near Greenfield, Ill., in Clinton County. EPA believes the facility discharges to the Dry Branch, which flows to Governor Bond Lake, the drinking water source for the town of Greenville, Ill.
Hawley Family Farm Inc., a medium-sized steer operation with approximately 590 cattle located near Stockton, Ill., in Jo Daviess County. EPA believes the facility discharges to unnamed tributaries of the Apple and Rush rivers, which both flow to the Mississippi River.
A November 2009 federal court settlement calls for around $70 million in upgrades to the Jeffersonville, Ind., sewer system as well as environmental projects and a fine. The consent decree filed in U.S. District Court for Southern Indiana resolved U.S. and state of Indiana claims that on numerous occasions the city operated its wastewater and sewer system in violation of the Clean Water Act. Under the settlement, the city must perform upgrade work valued at approximately $70 million by 2025. The work includes major sewer system and treatment plant construction to eliminate discharges of untreated sewage to a sensitive reach of the Ohio River. The city will also develop and implement a Capacity, Management, Operation, and Maintenance Plan to control the risks of sanitary system overflows.
In addition, Jeffersonville agreed to pay $57,750 in civil penalties and perform two supplemental environmental projects. The federal-ordered SEP costing $130,000 involves a stormwater treatment system consisting of two constructed wetlands and a vegetation buffer to remove pollutants from uncontrolled water flow at a new commerce center. The state SEP consists of installation of pervious pavers and a rain garden at a park to eliminate stormwater runoff. The estimated cost of that SEP is $118,050.
During FY 2010, the EPA Region 5 Pesticides and Toxics Compliance Section helped the Criminal Investigation Division conduct a two-day import blitz at the ports of Port Huron and Detroit in Michigan. Representatives from U.S. Customs and Border Protection, U.S. Department of Transportation, Michigan State Police, Michigan Department of Natural Resources and Environment and other EPA regional and headquarters staff participated in this CID-lead crackdown. Canadian authorities performed an identical action on their side of the border. The operation focused on the importation of chemicals, hazardous wastes and commercial goods of environmental concern. During this border blitz, PTCS looked for chemical substances subject to the import requirements of the Federal Insecticide, Fungicide, and Rodenticide Act, the Toxic Substances Control Act and the Resource Conservation and Recovery Act. Some 190 vehicles underwent inspection during the two days. Inspectors found 12 vehicles to be shipping cargo suspected of violating RCRA or TSCA. Two shipments entering the U.S. violated FIFRA as well as DOT’s hazardous materials packaging rules. Customs sent these shipments back to the Canadian manufacturers.
In addition to the border blitz, as a part of its daily compliance monitoring operations during 2010, PTCS worked with Customs and Border Protection in processing more than 3,700 pesticide import shipments coming through official ports of entry in Region 5. The Pesticides and Toxics Compliance Section inspected 33 shipments suspected of containing illegal pesticide products, advised Customs to refuse entry to 31 import shipments, and issued nine administrative penalty orders that stipulated corrective actions against importers for distributing grossly misbranded pesticide products in the United States.
Robert Christensen Case, MinnesotaIn September 2010 EPA Region 5 issued a complaint for penalty order to Robert Christensen, who operates Bob’s Repair in Brainerd, Minn. The complaint alleges Bob’s Repair violated the Safe Drinking Water Act by using an open motor-vehicle waste disposal well. These Underground Injection Control Class 5 wells were banned in 2007. The alleged violations are significant because waste from vehicle repairs can contaminate ground water. EPA wants Christensen to close the open floor drain at the business and pay a $3,600 penalty. Kogan Realty Enterprise, Ohio
Under a consent decree settled in June 2010, Kogan Realty Enterprises LLC is testing 22 properties and conducting abatement work for lead-based paint hazards in Cincinnati. In the legal case filed in U.S. District Court for the Southern District of Ohio, Kogan will replace windows and conduct abatement work on painted surfaces in the 128 residential units it owns and manages. The work is to be completed within five years at an estimated cost of $200,000. In addition to making its units lead-safe for tenants, Kogan Realty also paid a $5,000 civil penalty. McWane Settlement, Illinois and Ohio
A consent decree filed during 2010 in the Northern District of Alabama involved Clean Water Act violations at McWane Inc. facilities around the country, including four Region 5 plants. McWane is a national cast iron pipe manufacturer headquartered in Birmingham, Ala. The consent decree resolves violations at 28 facilities owned and operated by McWane in 14 states. It includes injunctive relief, a $4 million civil penalty and seven supplemental environmental projects worth at least $9.1 million. Some 75 of the approximately 400 alleged violations are at the four R5 McWane facilities. The company spent around $6 million to implement corrective measures at its Region 5 locations. McWane’s Clean Water Act violations include systemic noncompliance with EPA’s stormwater management requirements. Region 5 took the lead in working with the company to resolve noncompliance with the Storm Water Pollution Prevention Plan (SWPPP) at the Clow Water Systems facility in Ohio, and the Manchester Tank facility in Quincy, Ill.
The Region also assisted EPA Headquarters with needed modifications on McWane’s corporate-wide SWPPP, which was changed to reflect Agency comments. The consent decree includes a SEP that requires McWane to implement control measures to limit phosphorus to 50 mg/l in its wastewater discharges to the publicly owned treatment works in Bedford, Ind. The Bedford treatment plant empties into the Mississippi River watershed, so the McWane decree will reduce phosphorus loadings to that river system.