Enforcement and Inspection

The Latest Enviro Enforcement Actions (Part 2)

Yesterday we took a look at some recent environmental enforcement actions, one of which resulted in a fine of over $1 million. Today we’re reporting on five more recent enforcement actions, ranging from tank violations to water permitting problems.
Environmental enforcement

Tank Violations

EPP—Besche Acquisition, LLC (Besche Oil)

Maryland                                                            Region 3

RCRA, UST violations: The EPA found the Besche Oil company in violation of underground storage tank (UST) regulations at its facility in Chestertown, Maryland. On May 11, 2017, the EPA conducted an inspection of the facility and discovered that Besche Oil failed to conduct tank release detection on one of its five USTs at its facility.

Penalty: $1,700 fine.

 

Risk Management Violations

Gordon Food Service

Maryland                                                            Region 3

CAA, RMP violations: The EPA found that Gordon Food Service, a food service supplier and food distribution company, was in violation of risk management plan (RMP) regulations. The company failed to use the appropriate wind speed and stability class for worst-case release calculation and failed to ensure the process equipment complied with recognized and generally accepted good engineering practices. Specifically, the company did not supply evaporators in the loading dock and refrigerated spaces with adequate protection from physical damage.

Penalty: $400 fine.

 

Multiple Waste Violations

Mount Joy Wire Corporation

Pennsylvania                                                     Region 3

RCRA violations: On February 27, 2018, EPA inspectors discovered that Mount Joy Wire Corporation, a company that manufactures carbon steel wire products, was in violation of Resource Conservation and Recovery Act (RCRA) and Pennsylvania Hazardous Waste Regulations. The company operated a hazardous waste treatment, storage, and disposal facility (TSDF) without a permit or interim status, failed to make a hazardous waste determination on used aerosol cans, and failed to send used aerosol cans off-site using a hazardous waste manifest. In addition, Mount Joy Wire Corporation failed to provide annual hazardous waste training to employees, failed to maintain job titles and descriptions for hazardous waste management employees, and failed to maintain manifests and reports. The company also failed to properly label universal waste lamps, failed to keep universal waste lamps in closed containers, failed to demonstrate the length of time that the universal waste lamps had been accumulated, and accumulated universal waste lamps for longer than 1 year.

Penalty: $105,000 fine.

 

Pesticide Problems

Syngenta Crop Protection, LLC dba Syngenta Hawaii, LLC (Syngenta Seeds)

Hawaii                                                  Region 9

FIFRA violations: Syngenta Seeds was found in violation of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulations. The company used a registered pesticide in manners inconsistent with its labeling and failed to comply with the Worker Protection Standard (WPS). The company failed to prevent workers from entering a treated area where a pesticide had been recently applied, failed to notify workers of recent pesticide applications, failed to provide reasonably accessible decontamination supplies to workers, and failed to make prompt transportation to an appropriate emergency medical facility available for exposed workers.

Penalty: $150,000 fine. In addition, the company must spend at least $400,000 to perform a Supplemental Environmental Project to develop and implement a training program on the WPS requirements for growers in Hawaii, Guam, and Saipan.

 

Water Permit Violations

Trident Seafoods Corporation (Trident)

Alaska                                                  Region 10

CWA, NPDES violations: According to the EPA, Trident was in violation of Clean Water Act (CWA) regulations at two seafood processing facilities in Sand Point and Wrangell, Alaska. Trident was in violation of its National Pollutant Discharge Elimination System (NPDES) permits’ requirements, including limits on its seafood waste piles, annual and daily discharge volume limits, grind size requirements for seafood waste, requirements for proper handling and treating of seafood waste before discharge, and monitoring and reporting requirements. The company’s waste pile at its Sand Point facility exceeds the allowable 1-acre limit at 31/2 acres of waste.

Penalty: $297,000 fine. Trident will remove the waste pile at its Sand Point facility and install filter technology to prevent most solids from being released to marine waters when fish are transferred from supply boats to the plant. In addition, Trident will screen out most solid seafood wastes at the Wrangell plant to reduce or eliminate waste discharges to the nearshore marine environment. Trident will conduct a comprehensive audit of its system for monitoring environmental compliance.

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