Nine companies have been fined by the California Air Resources Board for violations of the state’s Mandatory Greenhouse Gas Reporting rule. That rule requires facilities, including those covered by California’s cap-and-trade regulation, to report their greenhouse gas (GHG) emissions annually.
“Accurate reporting of greenhouse gas emissions is the foundation of our efforts to reduce carbon pollution from the state’s energy and industrial sectors,” said Air Resources Board Chairman Mary D. Nichols. “We will continue to vigorously enforce the mandatory reporting rule to ensure that every company follows all its requirements.”
California’s Mandatory Reporting Rule, adopted by ARB in 2007, requires facilities that emit more than 10,000 metric tons of carbon dioxide annually to report their emissions. About 600 facilities have been reporting their GHG emissions to the Air Resources Board since 2008.
Industrial facilities must report each April, and utilities must do so each June. Those reports are then checked for accuracy and verified by ARB-trained independent third parties with oversight by ARB staff. The final reports are published on ARB’s website each fall. The rule ensures that California has the most rigorous and stringently verified GHG reporting process in the world.
The reporting compliance rate for 2012 was 97%.In addition to paying these fines, the violators must provide the Air Resources Board with plans for complete and accurate data collection and reporting in the future. The companies fined are:
ExxonMobil Oil Corporation $120,000
DG Fairhaven Power, LLC $55,000
Vintage Production California, LLC $35,000
Pacific Gas & Electric Co. $20,000
Veneco, Inc. $20,000
Cemex Construction Materials, LLC $15,000
Lehigh Southwest Cement Co. $10,000
Lhoist North America of Arizona, Inc. $10,000
Tidelands Production Co. $10,000
Cleveland RCRA and DOT Training
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
Massachusetts Announces Plan to Ban Disposal of Commercial Food Waste
“Banning commercial food waste and supporting the development of AD facilities across the Commonwealth is critical to achieving our aggressive waste disposal reduction goals,” said Energy and Environmental Affairs Secretary Rick Sullivan. “These policies and programs will continue the Patrick Administration’s commitment to growing the clean energy sector in Massachusetts, creating jobs and reducing emissions.”
The Massachusetts Department of Environmental Protection (MassDEP) has proposed a commercial food waste ban, to take effect by July 1, 2014, that would require any entity that disposes of at least one ton of organic waste per week to donate or re-purpose the useable food. Any remaining food waste would be required to be shipped to an AD facility, a composting operation or an animal-feed operation. Residential food waste is not included in the ban.
To harness the energy in organic waste, the Patrick Administration has made $3 million in low-interest loans available to private companies building AD facilities. The low-interest loans will be administered by BCD Capital through MassDEP’s Recycling Loan Fund, with monies provided by the Department of Energy Resources (DOER).
“Many grocery stores and environmentally conscious businesses across the state currently divert their food waste, saving money in the process,” said MassDEP Commissioner Kenneth Kimmell. “Diverting food waste to AD facilities creates value by reducing the waste stream, tapping into the energy within food wastes, reducing GHGs, and producing a byproduct that can be resold as fertilizer or animal bedding.”
“Anaerobic digestion is yet another proven clean energy technology that supports the Patrick Administration’s energy goals,” said DOER Commissioner Mark Sylvia. “By working together and leading by example, we are building the infrastructure to support clean, renewable energy generation and address a challenging organics waste issue with a solution that meets multiple economic and environmental goals.”
DOER is also making $1 million available in grants for anaerobic digestion to public entities through MassDEP’s Sustainable Materials Recovery Grant Program. MassDEP and DOER have awarded the first AD grant of $100,000 to the Massachusetts Water Resources Agency (MWRA) for its wastewater treatment plant at Deer Island plant. The MWRA currently digests sludge in 12 large chambers to help run the plant. A pilot project will introduce food waste into one of the chambers to determine the effects of co-digestion on operations and biogas production.
“The legislature and the regulatory agencies in Massachusetts have taken important steps to create a positive environment for private companies such as ours to make significant investments in the development of anaerobic digestion projects,” said Tony Callendrello, Chief Operating Officer of NEO Energy.
“I am pleased to see Massachusetts continue to make investments in recycling and in the reduction of waste in our landfills,” said Sen. Marc R. Pacheco, Chair of the Joint Committee on Environment, Natural Resources and Agriculture. “As the Commonwealth continues to lead the rest of the country in our green policies and practices, this commercial food waste ban provides one more example of the cost savings and environmental benefits that are available when we set a clean energy target and innovate solutions to achieve it.”
“I appreciate the efforts of the Patrick administration in being open to technologies that will pave the way for more innovation, opportunities for new businesses and a funding source for dealing with food waste, which has become a growing environmental issue,” Rep. Anne Gobi, Chair of the Joint Committee on Environment, Natural Resources and Agriculture.
"Thanks to the Patrick Administration, Secretary Rick Sullivan, and MassDEP Commissioner Kenneth Kimmell, the Commonwealth is taking the lead in the nation in innovation through a commercial food waste ban and by funding energy-producing anaerobic digestion facilities,” said Sen. Gale D. Candaras, Chair of the Joint Committee on Economic Development and Emerging Technologies. "Through these dual initiatives, the Commonwealth is paving the way for public-private partnerships to develop a new, environmentally-friendly, renewable energy-producing industry which will not only keep our communities clean but also create jobs and revenue."
Food waste and organics make up 20-25% of the current waste stream going to landfills and incinerators. The proposed food waste ban would help the Commonwealth reach its goals to reduce the waste stream by 30% by 2020 and 80% by 2050. To ensure that there will be sufficient facilities in Massachusetts to handle the waste resulting from the ban, MassDEP is working with the Massachusetts Division of Capital Asset Management and Maintenance to conduct feasibility studies to build AD facilities on state-owned land.
AD facilities have become more popular in Massachusetts in recent years at facilities such as dairy farms, municipal landfills and wastewater treatment plants. Over the past year, the Massachusetts Clean Energy Center (MassCEC) has awarded 18 grants worth $2.3 million to study, design and construct AD and other organics-to-energy facilities across the Commonwealth.
“Massachusetts companies are again leading the way in the deployment of this exciting technology, which, in addition to producing environmental benefits, will create quality jobs in the already-booming clean energy sector,” said MassCEC CEO Alicia Barton.
This DOER funding comes from the 2010 and 2011 Alternative Compliance Payment (ACP) Spending Plan. ACPs are paid by electric retail suppliers if they have insufficient Renewable Energy Certificates to meet their compliance obligations under the Renewable Portfolio Standard programs. DOER establishes the plan for use of these funds to support clean energy development in the Commonwealth.
AD is a process that puts food and yard wastes, and other organics, into an enclosed chamber with no oxygen. Microbes inside the chamber break down the organics and produce a biogas that can produce electricity and heat. The electricity and heat is used in place of fossil fuels, reducing emissions.
Minnesota Issues New Construction Stormwater General Permit
Protecting lakes and streams from construction runoff is the purpose of a statewide permit recently approved by the Minnesota Pollution Control Agency (MPCA) Citizens’ Board.
Construction runoff can contain pollutants, such as sediment that fills in lakes and wetlands, nutrients that fuel algal blooms, and chemicals harmful to fish and other life. The volume of runoff can also be a problem. As land is developed with buildings, parking lots, and roads, more rainwater and snowmelt are drained to local waters. That increase in flow can erode streambeds and banks, leading to more erosion, habitat loss and other problems. Severe erosion can threaten buildings, roads, and bridges.
The general permit for construction stormwater aims to protect lakes and streams in two ways. The first is through temporary practices during construction to manage runoff. The second is through permanent treatment of additional runoff.
Under the new permit, developed sites can no longer discharge the first inch of new runoff downstream. Instead, property owners must allow for rainwater and snowmelt to soak into the ground, such as through rain gardens or porous pavement. If this infiltration is infeasible, then they need to use other techniques, such as green roofs and collection for irrigation, to capture the runoff.
This general permit is part of the MPCA’s program under the federal Clean Water Act and Minnesota law to manage stormwater. When construction site owners and operators apply for coverage under the general permit, they agree to comply with the conditions set in the permit.
The state first issued a construction stormwater general permit in 1993. This permit must be reissued every five years. Changes in federal and state laws prompted updates to this permit. For example, state laws now support low-impact development to retain and conserve water, meaning a site must mimic its natural hydrology as the landscape is developed.
While the primary changes concern federal and state rules, the changes also include reorganization of the permit language. The reissued permit includes clarifications and minor language changes to make the permit more concise, to delete duplicate or unneeded language, and to make the permit more readable and easier to understand.
MPCA will require that permit applications be submitted electronically to achieve greater efficiency. The agency issues 1,000 to 3,000 general construction stormwater permits a year.
The reissued permit goes into effect August 1. It follows a seven-month process of informational meetings and comment period. The MPCA received 57 letters containing about 800 comments on the draft permit. Based on comments, the agency made some revisions to the permit, including keeping one-half inch of rain as the prompt for site inspections, instead of the quarter-inch proposed, and allowing sites to use local weather data instead of maintaining rain gauges on site.
Connecticut Announces New Combined Heat and Power Permit-by-Rule
Note that CHP systems installed at facilities that are major sources of air pollution may not operate under this permit-by-rule.
Shell Oil To Spend Over $115 Million to Reduce Air Pollution at Refinery And Chemical Plant
The Department of Justice and EPA announced recently that Shell Oil and affiliated partnerships (Shell) have agreed to resolve alleged violations of the Clean Air Act at a large refinery and chemical plant in Deer Park, Texas, by spending at least $115 million to control harmful air pollution from industrial flares and other processes, and by paying a $2.6 million civil penalty. Shell has agreed to spend $1 million on a state-of-the-art system to monitor benzene levels at the fenceline of the refinery and chemical plant near a residential neighborhood and school and to make the data available to the public through a website.
Shell will spend $100 million on innovative technology to reduce harmful air pollution from industrial flares, which are devices used to burn waste gases. Shell is required to take the following actions to improve flaring operations: minimize flaring by recovering and recycling waste gases (which may then be reused by Shell as a fuel or product); comply with limitations on how much waste gas can be burned in a flare (flare caps); and install and operate instruments and monitoring systems to ensure that gases that are sent to flares are burned with 98% efficiency. Shell’s agreement to recover and recycle waste gases (flare gas recovery) at its chemical plant is a first of its kind.
These controls will also reduce emissions of GHGs by approximately 260,000 tons per year.
“The innovative emission controls required by today’s settlement will cut harmful air pollution in communities near Houston,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “This case is part of EPA’s nationwide enforcement effort to protect fenceline neighborhoods by significantly reducing toxic pollution from flares and making information about pollution quickly available to affected communities.”
“This settlement will result in substantial reductions in toxic air pollution through state of the art technology and increased efficiencies at the Deer Park plant,” said Acting Assistant Attorney General Robert G. Dreher of the Justice Department’s Environment and Natural Resources Division. “This agreement will bring Shell Oil’s refinery and chemical plant in Deer Park into compliance with the nation’s Clean Air Act and result in cleaner, healthier air for residents in the local communities for many years to come.”
The settlement was filed at the same time DOJ filed a complaint on behalf of EPA alleging, among other things, that the company improperly operated its 12 steam-assisted flaring devices in such a way that excess VOCs, including benzene and other hazardous air pollutants, were emitted.
In addition to reducing pollution from flares, Shell will significantly modify its wastewater treatment plant; replace and repair tanks as necessary; inspect tanks biweekly with an infrared camera to better identify potential integrity problems that may lead to leaks; and implement enhanced monitoring and repair practices at the benzene production unit. When fully implemented, these specific projects are estimated to cost between $15 and $60 million.
Also, in a second project to benefit the community, Shell has agreed to spend $200,000 on retrofit technology to reduce diesel emissions from government-owned vehicles, which operate in the vicinity of the Deer Park complex.
These actions will cut emissions of pollutants that can cause significant harm to public health. Exposure to high concentrations of sulfur dioxide can affect breathing and aggravate existing respiratory and cardiovascular disease. VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. Chronic exposure to benzene, which EPA classifies as a carcinogen, can cause numerous health impacts, including leukemia and adverse reproductive effects in women.
These requirements focus on reducing the amount of waste gas sent to flares and on improving flare operations, both of which work to reduce toxic emissions. Improper operation of an industrial flare can send hundreds of tons of hazardous air pollutants into the air. The more waste gas a company sends to a flare, the more pollution occurs. The less efficient a flare is in burning waste gas, the more pollution occurs. EPA wants companies to flare less, and when they do flare, to fully burn the harmful chemicals found in the waste gas.
Shell, which is headquartered in Houston, processes approximately 330,000 barrels per day of crude oil at its Deer Park facility, making it the 11th largest refinery in the United States. In addition, the Deer Park chemical plant produces approximately 8,000 tons per day of products that include ethylene, benzene, toluene, xylene, phenol, and acetone. Both the chemical plant and the refinery operate 24 hours a day, 365 days a year.
The consent decree, lodged in the Southern District Court of Texas, is subject to a 30-day public comment period and court approval. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Hercules to Pay $2 Million Penalty for Violations at Resin Disposal Superfund Site
Hercules, Inc., will pay $2 million in penalties to settle alleged violations of its consent decree with EPA at the Resin Disposal Superfund Site in Jefferson Borough, Allegheny Co., Pennsylvania.
The settlement pertains to the company’s failure to notify EPA about three uncontrolled releases of hazardous substances from the site’s treatment system. These include a release on April 15, 2011, that bypassed the treatment system and resulted in the hospitalization of a worker at the West Elizabeth Sanitary Authority (WESA) treatment plant and a four-day plant shut down. The two other releases that bypassed the treatment system were on March 31 and July 19, 2011.
The WESA treatment plant, located on the Monongahela River approximately one half mile from the site, receives the liquid portion of leachate treated at the site. A worker at the plant was injured from inhaling harmful fumes allegedly caused by the release that had bypassed treatment at the Superfund site.
The Resin Disposal site covers 26 acres and includes a former two-acre landfill that received approximately 85,000 tons of industrial waste from the Pennsylvania Industrial Chemical Corporation between 1949 and 1964. Hercules acquired the Resin Disposal Site in 1973.
Under a consent decree with EPA, Hercules is required to operate an on-site leachate collection and treatment system. The leachate contains resin oils contaminated with volatile organic compounds including naphthalene from former disposal practices. This treatment system is part of the Superfund cleanup project that began in June 1995. The cleanup also includes a multi-layer cap for the landfill and a fence around the perimeter of the landfill.
EPA believes the three releases were significant in terms of potential harm to human health and the environment. The $2 million penalty takes into account the company’s failure to notify EPA of the releases.
Hercules is working to upgrade the leachate collection and treatment system and has increased its monitoring of the system.
Used Oil Processor Fined for Illegal Disposal of Hazardous Waste
A used oil processor in Seattle has paid the state $19,600 to settle violations for illegally disposing of hazardous waste, failing to properly document procedures, storing waste longer than allowed, and failing to maintain liability insurance.
Inspectors from the Washington Department of Ecology (Ecology) found 16 violations of the dangerous waste regulations at Marine Vacuum Service, Inc., (Mar-Vac) in December 2011. Since the inspection, Mar-Vac has cooperated with Ecology and has come into compliance with the regulations.
The penalty was originally $28,000. However, Mar-Vac entered into an expedited settlement agreement with Ecology to lower the penalty by one-third. The settlement also requires Mar-Vac to waive its right to appeal. Ecology used this expedited settlement process to save the state, taxpayers, and Mar-Vac the expense of costly litigation.
"Businesses that handle toxic hazardous waste have an obligation to properly safeguard public health, safety and the environment," said Dennis Johnson, Section Manager for Ecology’s Hazardous Waste and Toxics Reduction Program in the Northwest Regional Office. "We appreciate Mar-Vac’s response to correct its violations and its commitment to remain in compliance and provide this on-going protection to the community."
"Mar-Vac is committed to the safe and compliant operation of our businesses," said Tom Mylar, Mar-Vac Project Manager. "We have implemented procedures to correct and maintain compliance with the regulations. Established in 1980, Mar-Vac has an obligation to our customers and employees for the long-term operation and commitment of our facility."
Property Management Company Fined for Failing to Notify Tenants about Lead Paint Hazards
Private Reserve Properties, LLC, a Rhode Island property management company, will pay a penalty of $21,857, and perform an additional project valued at $210,000 to settle EPA allegations that it violated federal lead disclosure laws.
The settlement requires Private Reserve to mitigate lead-based paint hazards in over 40 residential properties in and around Providence. Many of these properties are in environmental justice areas, which have higher than average rates of poverty.
Private Reserve Properties owns about 50 properties, with about 130 rental units, in and around Providence. The complaint asserted 61 violations of the federal disclosure requirements associated with 16 leases signed between 2009 and 2011.
Exposure to lead paint is a serious health concern in New England due to the age of the housing stock. Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.
The Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule aim to reduce lead exposure by ensuring that prospective tenants have important information about the potential presence of lead-based paint in housing built before 1978 and the health hazards associated with lead exposure.
Among other things, the Disclosure Rule requires landlords to provide prospective tenants with an EPA-approved lead hazard information pamphlet and lead warning statement; disclose the presence of known lead-based paint and lead-based paint hazards; and provide prospective tenants with available records and reports pertaining to lead-based paint in the housing to be leased. Property managers and owners therefore play an important role in helping to prevent lead poisoning.
Clean Water Act Settlement will Reduce Sewer Overflows
EPA recently announced a Clean Water Act (CWA) settlement with the City of Wilmington, New Hanover County and the Cape Fear Public Utility Authority (Authority) in North Carolina. The proposed settlement set forth in a consent decree will resolve these parties’ liability for violations of the CWA, including unauthorized overflows of untreated raw sewage.
In 2008, the City and the County transferred its respective sewer systems to the newly formed Authority. Since taking over responsibility for these sewer systems, the Authority has implemented numerous remedial measures to the sewer systems. Pursuant to the proposed settlement announced recently, the Authority has agreed to make further improvements to the sewer systems to eliminate unauthorized overflows with the goal of achieving compliance with the CWA. When wastewater systems overflow, untreated sewage and other pollutants can be released into local waterways, threatening water quality and contributing to beach closures and disease outbreaks.
“Sewage overflows are a significant problem in the Southeast because of inadequate and aging infrastructure,” said EPA Acting Regional Administrator, Stan Meiburg. “Through this agreement, the Authority, the City of Wilmington and New Hanover County are taking positive steps in correcting long-standing sewage overflow problems. Ultimately, this will benefit the local community and improve water quality in the Cape Fear River watershed.”
The consent decree requires the Authority to implement specific programs designed to ensure proper management, operation and maintenance of its sewer systems. In order to address the problem of wet weather overflows of raw sewage from the sewer lines, the Authority will develop and implement a comprehensive sewer system assessment and rehabilitation program. The Authority will also implement certain capital projects designed to remediate known defects in the sewer systems.
Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of the EPA’s national enforcement initiatives for 2011 to 2013. The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining municipalities’ commitments to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.
The proposed consent decree is subject to a 30-day public comment period and final court approval before becoming effective.
Nature's Best, LLC, to Pay $19,669 Civil Penalty for Pesticide Violations
Nature’s Best, LLC, of Inwood, Iowa, has agreed to pay a $19,669 civil penalty to resolve violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
The penalty stems from 20 alleged sales or distributions of 18 different unregistered pesticide products, including plant regulators, insecticides, and fungicides, and one count for production of pesticides in a facility that was not registered with EPA as a pesticide-producing establishment from 2010 to 2012. Among other products, the matter involved the sale and distribution of plant growth regulators, which FIFRA regulates as pesticides.
FIFRA defines plant growth regulators as substances intended to accelerate or retard the growth of plants. Among other things, substances considered to be plant regulators may include hormone additives intended to stimulate plant root growth or fruiting, such as gibberellins, auxins, and cytokinins derived from seaweed. Products containing these additives are often marketed as fertilizers, but such claims do not exempt products from regulation as pesticides.
Under FIFRA, distributors of pesticides must ensure that pesticides intended for distribution within the US are registered both if the distributor claims the substance can be used as a pesticide or if the product is intended to be used for a pesticidal purpose, which may include, among other uses, as a plant regulator, insecticide, or fungicide.
Many plant growth regulator products are properly registered with EPA. Companies which comply with pesticide registration requirements must pay registration fees and may also incur significant costs in ensuring their products are correctly formulated, and are properly labeled. Accordingly, entities that produce, sell, or distribute unregistered pesticides place themselves at an economic advantage relative to their competitors who comply with the law.
EPA registration requirements protect consumers by ensuring that products are formulated in accordance with the product label. Without proper registration and labeling on pesticides (including required safety information), users may unintentionally misapply pesticides and cause damage to crops or non-target areas and may lack adequate first aid information in the event of an accident.
As part of its settlement with EPA, Nature’s Best, LLC, has certified that it is presently in compliance with FIFRA and its regulations.
Companies to Pay Penalty, Reduce Harmful Emissions from Maryland Cement Plant
EPA and the US Department of Justice announced recently that Holcim (US), Inc., the owner and operator of a Portland cement manufacturing facility in Hagerstown, Maryland, and its previous owner St. Lawrence Cement Co., have agreed to a settlement that includes a $700,000 civil penalty to resolve Clean Air Act violations.
In addition to the penalty, for continued operations at the plant, Holcim has agreed to install advanced pollution controls on its kiln at the facility in order to reduce sulfur dioxide (SO2) emissions.
“This action demonstrates the importance of the Clean Air Act in protecting the air we breathe,” said EPA Mid-Atlantic Regional Administrator Shawn M. Garvin. “Controlling harmful emissions from cement plants helps ensure that human health and the environment are protected in surrounding communities and downwind from the plants.”
This section of the Clean Air Act specifically requires that, if modifications are made to facilities that result in significant net increases in emissions, the operator must perform a pollution analysis and obtain the necessary permit in advance of construction and install any required pollution control equipment.
In addition to the civil penalty, Holcim will spend at least $150,000 on an environmental mitigation project approved to benefit air quality, which will involve replacing an outdated piece of equipment with a newer model that emits lower levels of pollutants.
The settlement is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including Portland cement manufacturing facilities.
Exposure to emissions of sulfur dioxide, a key pollutant emitted from cement plants, can cause severe respiratory problems. Reducing sulfur dioxide emissions will benefit the communities located near the facility, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. Air pollution from Portland cement manufacturing facilities can travel significant distances downwind, crossing state lines and creating region-wide health problems.
$30,000 Fine for Construction of Illegal Reservoir
The water quality violation settlement requires the payment of $30,000 in penalties, environmental damages, and agency staff costs resulting from the unauthorized reservoir construction; and that the property owners come into compliance with applicable state and federal regulations.
As the result of an agency complaint, the Environmental Crimes Task Force of Mendocino County investigated property at 25820 Comptche Ukiah Road owned by Steve Rector and Ann Carol Frocteau and discovered an illegally constructed reservoir on a tributary to the Navarro River. The investigation, conducted as a multi-agency enforcement effort, concluded that the illegal reservoir construction was in violation of the California Water Code, federal Clean Water Act, and California Fish and Game Code.
The negotiated $30,000 civil liability settlement of the alleged violations includes recovery of estimated natural resource damages caused by the construction of the reservoir; penalties; and staff costs for the agencies involved in the investigation. The settlement will promote watershed and in stream restoration through payment of environmental damage costs to the National Fish and Wildlife Foundation.
Following a 20-day public comment period, the proposed order, settlement agreement, and any public comments received will be considered by the Regional Water Board. If the proposed order is adopted, the settlement agreement will become effective immediately.
The settlement distributes the funds as follows:
Regional Water Quality Control Board for the North Coast Region–$17,200 in liability and costs. California Department of Fish and Wildlife–$10,800 for environmental damage and staff costs;
State Water Resources Control Board Division of Water Rights–$2,000 in liability for water rights violations and staff cost.
In addition to the costs described above, the discharger’s are also required to secure all necessary federal, state, and local agency permits, approvals, and authorizations including payment of all associated fees, implementation of mitigation, and any necessary technical reports to receive approvals for the illegally constructed reservoir. County permits will also likely be required.
The respective agencies also retain the right to pursue future enforcement if merited.
$211,000 Penalty Recommended for Storm Water Incident
The Executive Officer of the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has recommended an Administrative Civil Liability Complaint in the amount of $211,038 for failure to install sediment control measures and the discharge of turbid storm water from a Rocklin construction site during November-December 2012. This penalty is contained in a complaint that may be considered at the Central Valley Water Board’s regular public meeting on October 3 or 4, 2013.
The complaint was issued against Donahue Schriber Asset Management Corporation (Corporation), which is developing the 59-acre Rocklin Crossings shopping center at the southeast intersection of Interstate 80 and Sierra College Boulevard in Placer County where the violation occurred. The anchor tenants will be Walmart and Home Depot.
Discharges of storm water from construction sites are regulated under the Construction Storm Water General Permit, which requires that best management practices be implemented to reduce pollution of storm water runoff from construction sites.
The complaint stems from the Corporation’s failure to install appropriate erosion and sediment control measures prior to a large rainstorm which began on November 28, 2012. This failure led to the discharge of approximately 76,000 gallons of turbid storm water to Secret Ravine Creek. The creek provides spawning and rearing habitat for the federally threatened Central Valley Steelhead and spawning habitat for the federal candidate species and state species of special concern Central Valley fall- and late fall-run Chinook Salmon.
The maximum potential liability for these violations is $896,000. The Enforcement Policy was adopted by the State Water Board in 2010 to ensure fairness and consistency in enforcement across the state.
Donahue Schriber is a private real estate investment trust operating on the West Coast. The company owns and manages 76 neighborhood community shopping centers representing over 11 million square feet of retail space. The shopping centers are located throughout California, Arizona, Nevada, Oregon, and Washington.
Connecticut Governor Malloy Signs Legislation Enacting Energy Plan
Connecticut Governor Dannel P. Malloy recently announced that the state is taking key steps to implement its first ever Comprehensive Energy Strategy, a plan that will bring cheaper, cleaner, more reliable power to residents and businesses and create jobs.
“For too long, the cost of energy has been a prohibitive factor is making our state a more competitive place to live, work and do business,” Governor Malloy said. “Thanks to the vision of this plan and the hard work of the legislature’s Energy and Technology Committee, specifically the chairs and ranking members, today we take meaningful steps in lowering costs for residents and businesses.”
“This strategy builds on our effort to improve energy efficiency, increase the number of clean energy projects and expand opportunities for natural gas service,” the Governor continued. “With this legislation in place, we will be able to speed up our efforts and continue to drive down the cost of heat and electricity for families, reduce operating costs, and make our businesses more competitive.”
The Governor also announced a number of actions that demonstrate the state’s commitment to swift implementation of the recommendations in the Comprehensive Energy Strategy:
Recently, the Department of Energy and Environmental Protect (DEEP) is releasing a Request for Proposals (RFP) for long-term energy contracts from solar, wind, biomass and other “Class I” renewable energy projects in the New England region to obtain cheaper prices for these clean energy sources
In response to the legislation, the state’s natural gas distribution companies have submitted a ten-year plan for expanding access to cheaper, cleaner natural gas for homes and businesses across the state. This plan is under review by DEEP and the Public Utilities Regulatory Authority.
This month, DEEP will launch the approval process to significantly ramp up the state’s investment in its energy efficiency program. Energy efficiency is the cheapest, cleanest way to lower energy bills, reduce emissions, and support the local economy.
The kick-off of EVConnecticut Incentives program, which will provide financial assistance to private businesses and municipalities interested in installing publicly-accessible electric vehicle charging stations
“These new programs and actions demonstrate my commitment to quickly following through on the recommendations contained in Connecticut’s Comprehensive Energy Strategy,” Governor Malloy said. “These programs announced today and many others already underway are moving us closer to a cheaper, cleaner, and more reliable energy future for Connecticut every day. I want to thank the entire General Assembly for their work on this issue.”
“The signing of legislation fully implementing Connecticut’s first-ever Comprehensive Energy Strategy, as well as the announcement of significant next steps in our action agenda, firmly establishes Connecticut as a national leader in the energy arena,” DEEP Commissioner Daniel C. Esty said. “Governor Malloy and our legislative leaders are now giving us additional tools to build on the great progress we have already made—with a thoughtful approach based on leveraging private investment and strategies to unleash technological innovation and rapidly drive down the price of clean energy.”
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Trivia Question of the Week
According to the Bureau of Labor Statistics, how many green jobs are there in the US?
a. 500,000
b. 1.5 million
c. 3.4 million
d. 7 million
