EPA Issues Almost $35 Million in Penalties in 2012

January 14, 2013

The results highlight EPA’s civil and criminal enforcement efforts to address pollution problems that have the greatest impact on communities and public health, including a reduction of 1.7 billion lb of pollution to the nation’s air, water, and land, 191,645 lb of hazardous waste, and $34,876,733 million in civil/judicial and criminal penalties to deter violations of the law. In addition to achieving progress seen by such traditional measures, EPA has also made gains to reduce relatively smaller amounts of pollution that have substantial health impacts on communities, such as improvements in compliance with drinking water standards and efforts to reduce high toxic sources of air pollution.

“We are committed in Region 4 to ensuring that pollution problems that impact our communities and neighborhoods are addressed through vigorous civil and criminal enforcement,” said Gwen Keyes-Fleming, EPA Region 4 Administrator.

Respondents in the Region 4 states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee, and on tribal lands will invest more than $1.11 billion in pollution control and cleanup and will implement more than $10,872,264 million in Supplemental Environmental Projects. States received $16,196,392 million settlement paid out to the states as co-plaintiffs.

“Enforcement plays a vital role in protecting communities from harmful pollution,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “We are using vigorous enforcement, as well as innovations in monitoring and transparency, to reduce pollution violations, protect and empower communities and focus on the environmental problems that matter most.”

FY 2012 results include:

  • Sustained and focused enforcement attention on serious violators of clean drinking water standards has resulted in improvements in compliance. The number of systems with serious violations has declined by more than 60% nationwide in the past three years as a result of combined federal and state enforcement work, protecting people’s health through safer drinking water.
  • More than 67% of large combined sewer systems serving people across the country are implementing clean water solutions to reduce raw sewage and contaminated stormwater and more are underway. EPA is working with communities to design integrated solutions to these water quality problems, and incorporating innovative and cost effective green infrastructure to save money and achieve multiple community benefits.
  • EPA is bringing criminal prosecutions where criminal activity threatens public health, like sending untreated and contaminated wastewater to municipal wastewater treatment plants. In the region, there were 54 cases initiated, 40 defendants charged, 178 months and 62 days of incarceration, 576 months of probation, $1,370,162 paid in restitution, and $2,901,500 paid in fines. See Criminal Crimes Cases in the Southeast for information on this case and others.
  • EPA is taking enforcement actions against violators of environmental regulations in environmental justice communities. See utility case example. Additionally, EPA is incorporating fenceline monitoring, which requires companies to monitor their air emissions and make that data available public, into settlements, ensuring that local residents have access to critical information about pollution that may be affecting their community. See an oil refinery case example.
  • EPA is increasing transparency to use the power of public accountability to help improve environmental compliance. EPA’s 2012 enforcement actions map provides information about violators in communities. EPA’s state dashboards and Clean Water Act pollutant loading tool provides the public with information about local pollution that may affect them and allows the public to take a closer look at how government is responding to pollution problems.
  • EPA continues its efforts to protect the environment by redeveloping, revitalizing, and reusing areas that were previously complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Over $8 million was spent in 2012 to prevent, assess, safely clean up, and sustainably reuse Brownsfields in Alabama, Mississippi, Georgia, South Carolina, North Carolina, Florida, and Kentucky.How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)

Mercury Emissions Rise in Developing Countries

Communities in developing countries are facing increasing health and environmental risks linked to exposure to mercury, according to new studies by the United Nations Environment Programme (UNEP).

Parts of Africa, Asia, and South America could see increasing emissions of mercury into the environment, due mainly to the use of the toxic element in small-scale gold mining, and through the burning of coal for electricity generation.

The Global Mercury Assessment 2013 states that emissions of the toxic metal from artisanal gold mining are significantly greater than were reported in 2008. Rising gold prices are driving greater small-mining activity, but new and improved reporting has also provided more accurate estimates of emissions from the sector.

Due to rapid industrialization, Asia is the largest regional emitter of mercury, and accounts for just under half of all global releases.

The UNEP study assesses for the first time at a global level releases of mercury into rivers and lakes. The report says an estimated 260 tons of mercury—previously held in soils—are being released into rivers and lakes.

Much human exposure to mercury is through the consumption of contaminated fish, making aquatic environments the critical link to human health.

In the past 100 years, man-made emissions have caused the amount of mercury in the top 100 meters of the world's oceans to double. Concentrations in deeper waters have increased by up to 25 per cent.

The study, which provides a comprehensive breakdown of mercury emissions by region and economic sector, also highlights significant releases into the environment linked to contaminated sites and deforestation.

The report says an estimated 260 tons of mercury—previously held in soils—are being released into rivers and lakes.

Along with a parallel UNEP publication Mercury: Time to Act, the new assessment will be formally presented at the International Negotiating Committee on Mercury (INC5), to be held in Geneva on January 13–18, 2013. Governments attending the major conference are aiming to conclude discussions on a global legally binding treaty to minimize risks to people and the environment from exposure to mercury.

This would reduce cases of neurological and behavioral disorders, and other health problems linked to mercury, as well as the contamination of soils and rivers caused by man-made emissions of the metal.

Governments gave the green light to negotiations towards a global treaty back in 2009 at the UNEP Governing Council held in Nairobi, Kenya.

"Mercury, which exists in various forms, remains a major global, regional and national challenge in terms of threats to human health and the environment," said United Nations Under-Secretary-General and UNEP Executive Director Achim Steiner.

"In 2009 at the UNEP Governing Council, nations agreed to launch negotiations for a legally binding treaty aimed at bringing down releases from sources such as industry and mining, address mercury-containing products, and tackle historical pollution sites-the final negotiations begin in just a few days' time," he added.

"Mercury has been known as a toxin and a hazard for centuries-but today we have many of the alternative technologies and processes needed to reduce the risks for tens of millions of people, including pregnant mothers and their babies. A good outcome can also assist in a more sustainable future for generations to come," said Mr. Steiner.

Mercury released from industry and other man-made sources can circulate in the environment for up to centuries at a time. This means that it is likely to be several years or decades before reductions in mercury emissions have a demonstrable effect on mercury levels in nature and the food chain.

The UNEP studies say this reinforces the need for swift action by governments, industry, and civil society to strengthen efforts to reduce mercury emissions and releases. Delays in action, say the reports, will lead to slower recovery of ecosystems and a greater legacy of pollution.

Rising levels of mercury present in the Arctic are also highlighted. An estimated 200 ton of mercury are deposited in the Arctic each year, generally far from where it originated. Studies have shown a ten-fold increase in levels of mercury in certain Arctic wildlife species in the past 150 years, due mainly, it is thought, to human activity.

 

Cingular Wireless Cited for Violations at Hundreds of Wireless Sites

 

The violations, which occurred at AWS sites in 43 states, such as cellular towers, transmitter sites, switching stations and warehouses, included failure to comply with Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements related to the presence of sulfuric acid and diesel fuel at sites, inadequate or no Clean Water Act (CWA) Spill Prevention, Control, and Countermeasure (SPCC) Plans, and Clean Air Act (CAA) minor source permitting requirements.

The EPCRA requirements help communities plan for emergencies involving hazardous substances, the CWA’s SPCC rule requires facilities to have oil spill prevention, preparedness, and response plans to help prevent oil discharges to navigable waters and adjoining shorelines, and the minor source permitting requirements under the CAA ensure that air emissions limits are met.

Under the settlement, NCW will provide a certification of EPCRA compliance at 1,356 sites and conduct comprehensive compliance audits of CAA and CWA/SPCC requirements at 1,361 and 41 legacy-AWS facilities, respectively. NCW has also agreed to pay stipulated penalties for all disclosed and corrected violations discovered through these audits.

NCW has also agreed to conduct environmental projects, which will provide hazardous materials awareness and health/safety training to building inspectors and fire fighters. The projects will also support the procurement of emergency response equipment such as fire-fighting equipment, gas meters, hazmat identification equipment, satellite phones, and other emergency communications equipment.

Since 1998, nearly 6,000 telecommunications facilities have been brought into compliance through more than 30 settlements as part of EPA’s effort to improve compliance in the telecommunications sector.

Cape Cod Ice Fined for Chemical Accident Prevention Violations

A cold storage and ice manufacturing company has agreed to pay penalties of $225,000 to settle claims by EPA that the company violated federal Clean Air Act requirements meant to prevent chemical releases relating to its use of ammonia at facilities located in East Providence, Rhode Island, and Sandwich, Massachusetts.

According to EPA’s complaint, JP Lillis Enterprises, which does business under the trade name Cape Cod Ice, failed to put in place a required “Risk Management Plan” for ammonia used in the refrigeration system at its East Providence facility, in violation of the federal Clean Air Act. EPA also alleged that the company violated the Clean Air Act’s General Duty Clause, which applies to facilities where extremely hazardous substances such as ammonia are present, at its Sandwich location.

Under the General Duty Clause, owners and operators of these facilities are required to identify hazards, design and maintain the facility in a safe manner, taking steps to prevent accidental releases of the extremely hazardous substance, and take steps to minimize the consequences of any accidental releases that occur. The company had not taken required steps to design and maintain a safe facility or taken precautions that would minimize the consequences of an accidental release of ammonia, if one were to occur, at its Sandwich facility. For example, they failed to provide mechanical ventilation; working ammonia detectors and an emergency shutdown switch for the machinery room; develop operating procedures and a comprehensive mechanical integrity program; and train employees in the proper operation of the system at the Sandwich facility.

Ammonia presents a significant health hazard because it is corrosive to the skin, eyes, and lungs. Exposure to 300 parts per million is immediately dangerous to life and health. Ammonia is also flammable at concentrations of about 15 to 28% by volume in air. It can explode if it is released in an enclosed space with a source of ignition present, or if a vessel containing anhydrous ammonia is exposed to fire.

Risk Management Plans required under the Clean Air Act, and steps required under the General Duty Clause, help prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and reduces the severity of releases that do occur. A company that fails to take these steps can leave the public and environment at risk from accidental releases.

Albracht Perma-Siding and Window Company to Pay Penalty for Lead Violations

Albracht Perma-Siding and Window Co., of Omaha, Nebraska, has agreed to pay a $6,188 civil penalty to the United States to settle allegations that it failed to notify an Omaha couple about lead-based paint risks before the company or its subcontractors performed renovation work at their pre-1978 home. It also failed to keep records of lead safe work practices it stated it performed at 10 pre-1978 homes in Lincoln, Bellevue, and Omaha, Nebraska.

According to an administrative consent agreement filed by EPA Region 7 in Lenexa, Kansas, Albracht or its subcontractors were legally required to provide owners and occupants of the properties with an EPA-approved lead hazard information pamphlet before starting renovations at the properties. It is also required to maintain records of required lead safe work practices performed at the properties.

Provision of the lead hazard information pamphlet to property owners and occupants is one requirement of the Residential Lead-Based Paint Hazard Reduction Act, which Congress passed in 1992 as an amendment of the federal Toxic Substances Control Act (TSCA).

The regulation is intended to protect owners and occupants of residential properties, child care facilities, and schools built before 1978 from health risks associated with lead-based paint. Lead-based paint was banned for residential use in the United States in 1978. Most homes built before 1978 contain some amount of lead-based paint, and subsequent renovation activity of such properties can cause occupants to be exposed to dust, chips, and debris that contain lead.

The Residential Lead-Based Paint Hazard Reduction Act requires renovators of such properties to obtain certified training, follow safe work practices and record-keeping requirements, and take specific steps to make owners and occupants aware of health risks associated with lead exposure before renovation work occurs.

Hair Styling and Hair Spray Manufacturers Fined for Violating Air Quality Rules

The Air Resources Board announced that over the past seven months it has settled 25 air quality violation cases involving hairstyling and hairspray products, primarily for exceeding California’s limits for smog-causing pollutants known as volatile organic compounds (VOCs). These settlements mitigated over 36 tons of excess emissions of VOCs.

“When millions of consumers statewide use products that do not comply with California’s standards, they unknowingly release significant quantities of smog-forming chemicals into the atmosphere,” said ARB Enforcement Chief James Ryden. “Hairspray and hair styling products are widely used products that must be regulated in order to protect public health.”

The fines went to the California Air Pollution Control Fund to support air quality projects and research to improve California’s air quality.

The fines totaled $457,197. The five companies paying the highest amounts were:

  • JPM (2 cases) – $218, 500
  • Brentwood Beauty – $42,800
  • Ion Products – $30,000
  • Hoyu- Samy – $27,000
  • Beautopia/Brocato – $26,500

The 17 other companies that were fined a total of $112,397 are: Henkal- Schwarskopf; TJ Maxx; Henry Margu; Vogue Int; TIGI Linea; Dave X Labs; SOMA/Wahl; Procter & Gamble – Farkkai; Suyen; T3 Micro; Lotta Luv; Neoteric Cosmetics; Supervalu- Albertsons (2 cases); ET Browne; Cortex; Fine Hair; Demert (2 cases).

Volatile organic compounds are gases released from solids and liquids, contributing to ozone formation once released into the air. Ozone, an element of smog, causes respiratory health effects including: an irritation of the lungs; shortness of breath; coughing; and aggravation of asthma and other lung diseases.

For more information on ARB’s consumer products regulations, see:

 

Consumer Products Companies Pay for Air Quality Violations

The California Air Resources Board announced that since May, it has settled 38 cases involving air quality violations primarily by companies manufacturing or selling consumer products for exceeding California’s limits for volatile organic compounds. The products ranged from footwear and leather care to air freshener liquids and general purpose degreasers. These settlements mitigated over 26 tons of excess emissions of VOCs.

The amount collected went to the California Air Pollution Control Fund to support air quality projects and research to improve California’s air quality.

“These products are found in almost every household. That’s why it’s important for companies who produce them to ensure they meet California’s air quality regulations and limit the level of pollution these products generate,” said ARB Enforcement Chief James Ryden.

The fines totaled $796,200. The five companies paying the highest amounts were:

  • Rite Aid – $410,000
  • Delta Brands (2 cases) – $77,000
  • AutoZone – $60,000
  • Domistyle – $36,000
  • Innovative Brands – $23,000

The 32 other companies with fines totaling $190,200 were: Geiss, Destin & Dunn; IDQ; Pomeroy; M&F Western; Sophia’s International; Genlabs; Briggs and Stratton; BKB Automotive; Lundmark Wax; Giftcraft; Dipyque; Gerson; Aromatiques; Home Depot; Personal Care Products; Silkolene; Lifetime Brands; Certol International; Full Spektrem; Cortex; Homax; Demeter; Attwood; Heads-up Industries; Handstands; Household Essentials; Aervoe; Cost Plus; Premier Brands; Sherwin Williams; and Mavala/Lela Distributors.

Volatile organic compounds can be found in a number of products such as paints, wood preservatives, aerosol sprays, cleansers and disinfectants, air fresheners, stored fuels and automotive products, and more.

MassDEP Penalizes Demolition Contractor $41,150 for Asbestos Violations

The Massachusetts Department of Environmental Protection (MassDEP) has penalized NASDI, LLC, a contractor hired to conduct demolition work at the Old Colony Housing Project in South Boston, $41,150 for asbestos and demolition violations. NASDI is a Massachusetts-licensed demolition contractor with a local office at 1365 Main Street in Waltham.

NASDI submitted and received approval from MassDEP in October 2010 for a proposal to conduct a contained and controlled demolition project on multiple buildings at the corner of General Josef Pilsudski Way and Columbia Road in South Boston.

MassDEP conducted a routine inspection on November 18, 2010, and observed the following violations of the approved plan: workers had improperly removed and handled asbestos-containing materials; workers were creating visible emissions due to inadequate dust control; an air-monitoring pump was not operating; a truck decontamination station was not being used; and, barriers to keep out unauthorized personnel were not present and there was insufficient signage to warn residents and visitors of an asbestos hazard.

"The plan the contractor submitted, if implemented properly, would have protected workers and residents from the threat of exposure to asbestos-containing materials," said Eric Worrall, director of MassDEP's Northeast Regional Office in Wilmington. "The failure to follow that plan posed an unacceptable level of risk, and resulted in the operation being shut down until those violations were corrected."

Under the consent order, NASDI will pay $25,000 of the penalty and the remaining $16,150 will be suspended pending continued compliance by the contractor over the span of one year.

Superior Industries Makes Changes to Reduce Air Pollutant Emissions, Pays Fine

In an agreement with the Minnesota Pollution Control Agency (MPCA), Superior Industries, Morris, Minnesota, has taken corrective actions to protect the environment from excessive air pollutant emissions from its operations.

In December 2010, the MPCA received reports from Superior Industries that showed its emissions of hazardous air pollutants, including volatile organic compounds, exceeded permitted levels every month from January 2007 through June 2010. A subsequent report indicated the exceedances continued through January 2011.

An environmental audit conducted by the company in December 2010 revealed a generator installed for emergency use was operated for other reasons and not listed in the facility’s inventory, control equipment had not been installed on a sandblasting booth, and problems existed with spray hood certification and recordkeeping.

Superior Industries completed several actions to correct all these issues, and has paid a $20,000 penalty to the MPCA.

When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner. For a comprehensive list of enforcement actions by the MPCA, visit the agency’s quarterly summary of enforcement actions webpage.

Lost Trail Powder Mountain Resolves Montana Underground Storage Tank Act Violations

The Montana Department of Environmental Quality (DEQ) has settled its administrative enforcement action against Lost Trail Ski Area, Inc., for violations of the Montana Underground Storage Tank Act at Lost Trail Powder Mountain located in Sula, Montana.

In its administrative order, DEQ alleged that Lost Trail failed to: obtain a compliance inspection within the required timeframe, and conduct tank and line leak detection monitoring. An administrative penalty of $2,820 was assessed for the violations listed above.

To resolve the violations, Lost Trail paid the $2,820 administrative penalty and submitted the last 12 months of leak detection monitoring records.

 

Pennsylvania DEP Releases Final White Paper on Using Mine Water for Drilling

The Department of Environmental Protection announced recently it has finalized the process it will use for encouraging and reviewing proposals to use mine-influenced water, such as acid mine drainage, in oil and gas operations. The process is outlined in a white paper the agency released.

“Abandoned mines present Pennsylvania with one of its biggest environmental challenges,” DEP Secretary Mike Krancer said. “This initiative, which combines remediating abandoned mine water with responsible extraction of our natural gas resources, is a win for our environment and our economy.”

The white paper, available on DEP’s website, outlines the process to submit proposals and how agency staff will review the proposals to use mine-influenced water in drilling operations. It also identifies possible storage options for the water and describes potential solutions to long-term liability issues. Proposals to use mine-influenced water must include sampling and characterization of the water, as well as details about how the water will be transported, stored, and used.

DEP has also developed lists of major mine discharges in the state that it is encouraging operators consider first, but the agency will review proposals for using water from any mine discharge in Pennsylvania. Operators must follow all applicable environmental laws and regulations when treating, using, storing, and moving the water.

DEP is also encouraging interested parties to work with non-profit organizations and watershed associations that operate mine water treatment plants and to consider creating or supplementing existing trust funds for long-term treatment of mine-influenced water.

The agency developed the white paper after discussing throughout 2012 a draft version with stakeholder groups from across the state.

More than 300 million gallons of water is discharged from mines into Pennsylvania’s waterways every day. Such water has impaired more than 5,500 miles of rivers and streams in the state.

In 2011, the Governor’s Marcellus Shale Advisory Commission included among its recommendations encouraging the use of non-freshwater sources in drilling operations.

 

Court Rules North Carolina Industrial Farm May Require Clean Water Act Permit

A Superior Court in Hyde County, North Carolina, ruled on Friday that the state has authority to require Rose Acre Farms, a facility in Hyde County housing nearly 4 million egg-laying hens, to be regulated under the federal Clean Water Act because of pollutants released from ventilation fans in the henhouses. Rose Acre Farms had argued that the Clean Water Act does not apply to pollution from its ventilation fans. After examining the entire record, the court found that the State had presented evidence that Rose Acre Farms pollutes nearby waters.

Rose Acre Farms is located adjacent to the Pocosin Lakes National Wildlife Refuge. Ventilation fans blow contamination over refuge land and water bodies.

The Court noted that data shows that water around the Rose Acre facility had significantly higher levels of fecal coliform, ammonia nitrogen, total inorganic nitrogen, and total phosphorus after the facility began operating. The Court further noted evidence in the record that pollutant levels in the nearby Pocosin Lakes Wildlife Refuge increased as a result of Rose Acre’s operations. It, therefore, sent the case back to the administrative courts (which had previously ruled for Rose Acre) for a hearing to determine whether the evidence sufficiently establishes the need for a Clean Water Act permit.

“We are gratified that the Court recognized that the State has the authority to regulate the water pollution caused by this massive factory farm,” said Eve Gartner, an attorney at Earthjustice assisting local counsel in representing the Pamlico-Tar River Foundation and Friends of Pocosin Lakes National Wildlife Refuge.

Rose Acre’s Hyde County facility, the largest industrial egg farm in North Carolina, includes twelve high-rise henhouses equipped with giant ventilation fans. The henhouses currently hold nearly 4 million egg-laying hens. These millions of hens generate an enormous amount of urine and fecal matter. Bedding material soiled by the dropped excrement, and excrement-associated pollutants, including fecal bacteria, ammonia, nitrogen, and phosphorous, are then released through the ventilation fans.

The fecal matter, feathers, dust, ammonia, and other pollutants blown out of the chicken houses enter the surrounding areas and the Pocosin Lakes National Wildlife Refuge, which is less than one and a quarter miles from the RAF facility. The pollution from the facility degrades the water quality for the 300 wildlife species living in the wildlife refuge, diminishing this very special habitat that is enjoyed by local residents and thousands of visitors each year.

Rose Acre’s experts acknowledge that the facility deposits up to 73 tons of nitrogen each year into the surrounding areas, including the Pocosin Lakes National Wildlife Refuge. Other reports confirm that significant amounts of pollution from the Rose Acre facility are deposited into the surrounding areas, including into surface waters. North Carolina’s Division of Water Quality, for instance, found that ammonia, nitrogen, total inorganic nitrogen, total phosphorus, and fecal coliform concentrations in the surrounding waterways had increased significantly since Rose Acre began operations in 2004. The US Fish and Wildlife Service also found that Rose Acre releases large amounts of ammonia onto the wildlife refuge and surrounding areas.

“We look forward to relying on this strong evidence that the Rose Acre facility is polluting nearby waters and damaging the fragile wetlands and ecosystems of the neighboring National Wildlife Refuge at the forthcoming trial,” said Earthjustice attorney Hannah Chang.

When RAF first arrived in Hyde County in 2004, there was widespread community concern about the impact of ammonia and other pollutant discharges into the waters and ecosystems in the Tar-Pamlico River Basin and the wildlife refuge. As part of the original Clean Water Act permit issued by the Department of Environment and Natural Resources (DENR), RAF committed to Best Management Practices to control the ammonia being released from its ventilation fans.

But RAF abruptly refused the re-issuance of the permit in September 2010, claiming that the state lacks authority to require a renewed permit. In October 2011, Administrative Law Judge Augustus Elkins agreed with Rose Acre, but his decision was overturned by the North Carolina Environmental Management Commission (EMC) in April 2012, which held that a Clean Water Act permit could be required if the facility was discharging pollutants, but that a trial was needed to determine whether the facility was in fact discharging pollutants. Rose Acre subsequently appealed the EMC decision in state superior court.

Hanging in the balance in Rose Acre Farm’s legal wrangling is the adjacent wildlife refuge and the entire Tar-Pamlico River system, which is the lifeblood of the people and communities who live within its watershed and the base for the economic health of the region. The issuance of a Clean Water Act permit for Rose Acre would allow the factory farm to continue its business, but would help protect the surrounding waterways and nearby Pocosin Lakes National Wildlife Refuge from harmful ammonia emissions emanating from the facility.

Governor Cuomo Reveals Boost for Clean Energy, Weather Resiliency in State of the State Speech

In his State of the State address, Governor Cuomo announced a number of initiatives that will better prepare New York for future extreme weather events, as well as address them at their source: climate change.

The following is a statement from Frances Beinecke, President of the Natural Resources Defense Council:

“Governor Cuomo is taking significant strides to better prepare the state from future storms, as well as address the root cause of more frequent extreme weather—our planet’s changing climate.

“By respecting Mother Nature and restoring natural barriers like dunes and wetlands in Sandy’s wake, the governor’s proposals will help to better protect our homes, businesses, and lives in the face of more intense storms.

“Additionally, a number of the new initiatives he announced will help reduce carbon dioxide pollution and boost the state’s clean energy resources. The boldest of these include further reducing power plant pollution through the Regional Greenhouse Gas Initiative, extending the state’s solar energy program for 10 years, and creating a $1 billion ‘green bank’ fund that will help leverage investments in renewable power.

“The wise appointment of a new ‘energy czar’—Richard Kauffman—will also help advance New York’s role as a national leader in combating climate change, and preparing for its impacts.

“These new clean energy initiatives will help wean us away from fossil fuels, which are the root of our nation’s energy and climate change woes. It, therefore, remains critical that New York State not make any decisions about moving forward on fracking until the environmental and public health risks are fully evaluated and addressed.”

Environmental Enforcement Brings Money to California

The California Department of Toxic Substances Control (DTSC) announced that violators of California’s environmental laws were ordered to pay approximately $1.2 million for civil criminal and administrative cases and costs in 2012.

The environmental violations include:

  • Improper storage of hazardous waste
  • Failure to obtain authorization for onsite treatment of chemicals, e.g. cyanide
  • Failure to maintain a facility in a manner that minimizes/prevents the release of hazardous waste
  • Acting as a hazardous waste transporter without valid registration

“Environmental laws protect communities, and companies that handle hazardous wastes respect that,” said DTSC’s Deputy Director for Enforcement Brian Johnson. “Those who do not comply should expect to face the consequences which include financial penalties.”

Companies that paid fines in 2012 include:

Fine Line Circuits and Technology, Orange County ordered to pay $220,000 in June 2012; Pacific Plating, Los Angeles, ordered to pay $220,000 in July 2012; Eagle Recycling, Santa Clara County, ordered to pay $75,000 in February 2012; and Pacific Resource Recovery Services, Los Angeles County, ordered to pay $42,000 in September 2012.

In addition, DTSC’s Office of Criminal Investigations partnered with local agencies and District Attorneys’ offices to investigate hazardous waste violations. DTSC investigators developed information which contributed to separate civil judgments against CVS Pharmacy and Walgreens that resulted in more than $30 million in penalties, and required the two companies to correct hazardous waste and other environmental violations at their California stores.