EPA enforcement cases throughout the PNW & Alaska finalized in July and August 2020
The following summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in July and August of 2020. Other cases are publicized via stand-alone news releases found on EPA’s website at www.epa.gov.
ALASKA
EPA settles federal lead paint rule violations with Garic Hayes General Contractor LLC of Wasilla
On July 2, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Garic Hayes General Contractor LLC for a violation of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Anchorage, Alaska. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed pay a penalty of $1,000.
EPA Settles Safe Drinking Water Act violations with Everts Air Fuel, Inc. of Fairbanks
On August 20, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of the Safe Drinking Water Act by Everts Air Fuel, Inc., a fuel transport located with two automotive repair shops in Fairbanks, Alaska. EPA found the company violated regulations protecting underground (groundwater) sources of drinking water from injection wells. Injection well activity can allow movement of fluid containing contaminants (such as wastewater from vehicle repair) into underground sources of drinking water. Motor Vehicle Waste Disposal Wells were banned in Alaska in August 2005. Everts has agreed to permanently close the injection wells and pay a penalty of $45,000.
IDAHO
EPA settles Clean Water Act violations with Basalite Concrete Products, LLC of Meridian
On July 7, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Basalite Concrete Products, LLC, a concrete block and brick manufacturing facility in Meridian, Idaho. EPA found the company discharged pollutants to Five Mile Creek which flows to the Lower Boise River, and was found to be operating in violation of the Multi-Sector General Permit for discharges of stormwater associated with industrial activity. Violations include failure to maintain control measures, failure to minimize discharge of sediments, failure to perform routine inspections, and failure to submit annual reports. The company is now operating in compliance and agreed to pay a penalty of $37,500.
EPA settles Clean Water Act violations with Larsen Construction, LLC & Stanley Construction of Stanley
On July 29, 2020, EPA Region 10 filed an expedited settlement agreements resolving violations of the Construction General Permit (CGP) and Clean Water Act by Larsen Construction, LLC and Stanley Construction at the Boren Cabin construction site located in Stanley, Idaho. Stanley Construction operated without coverage under the CGP. Larsen Construction did not have a complete and updated Stormwater Pollution Prevention Plan, failed to conduct site inspections, and failed to install and maintain Best Management Practices including concrete washout areas, straw wattles, and dewatering control measures. Inadequate planning, monitoring and controls substantially increase the risk of discharges from the property to Goat Creek. The companies paid a penalty of $14,360. Larsen Construction Stanley Construction
EPA settles federal lead paint rule violations with Interwest Homes, Inc. of Boise
On July 7, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Interwest Homes, Inc. for a violation of the RRP Rule occurring in Boise, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
EPA settles federal lead paint rule violations with Precise Construction LLC of Boise
On August 6, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Precise Construction LLC for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Boise, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
EPA settles federal lead paint rule violations with Castle Home Works of Caldwell
On August 14, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Castle Home Works for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Boise, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $1,000.
EPA settles federal lead paint rule violations with Bowmont Construction of Nampa
On August 14, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Bowmont Construction for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Nampa, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
EPA settles federal lead paint rule violations with Stark Handyman of Nampa
On August 14, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Stark Handyman for a violation of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Boise, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
EPA settles federal lead paint rule violations with JC Summers Construction, LLC of Kimberly
On August 14, 2020, EPA Region 10 issued an expedited settlement agreement and final order to JC Summers Construction, LLC for a violation of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Filer, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
EPA settles Clean Air Act violations by Snake River Performance LLC of Rigby
On August 20, 2020, EPA Region 10 filed a consent agreement and final order against Snake River Performance LLC (Snake River) for alleged violations of Title II of the Clean Air Act. EPA alleges that between January 2018 and December 4, 2019, Snake River sold at least 238 devices for heavy duty diesel motor vehicles that defeat emission controls required by the CAA. The settlement is part of EPA’s National Compliance Initiative, “Stopping Aftermarket Defeat Devices for Vehicles and Engines.” The company agreed to pay a penalty of $10,000.
EPA settles federal lead paint rule violations with MacFarlane Renovations, LLC of Boise
On July 29, 2020, EPA Region 10 issued an expedited settlement agreement and final order to MacFarlane Renovations, LLC for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Boise, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
EPA settles federal lead paint rule violations with Hornet Construction LLC of Boise
On August 6, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Hornet Construction LLC for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Boise, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $1,000.
EPA settles federal lead paint rule violations with Quality Exterior Solutions, LLC of Boise
On August 11, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Quality Exterior Solutions, LLC for a violation of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Boise, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $1,000.
EPA settles federal lead paint rule violations with Clint Reed/CJ Construction of St. Maries
On August 11, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Clint Reed d.b.a. CJ Construction for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in St. Maries, Idaho. The agency alleged that the company failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule.prior to offering to perform EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
EPA settles federal lead paint rule violations with Visions West Builders of Hayden Lake
On August 20, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Visions West Builders for a violation of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Coeur d’Alene, Idaho. The agency alleged that the company failed to become RRP firm certified prior to offering to perform renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
OREGON
EPA settles federal pesticides law violations with Deardorff Fitzsimmons Corp. of Merlin
On August 20, 2020 EPA Region 10 settled with Deardorff Fitzsimmons Corp. for a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. Deardorff failed to file the Pesticide Report for Pesticide-Producing and Device-Producing Establishments by the reporting deadline for calendar years 2018 and 2016. The company agreed to pay a penalty of $300.
EPA settles Clean Air Act violations at Oregon Cherry Growers, LLC of The Dalles
On July 9, 2020, EPA Region 10 filed an expedited settlement agreement against Oregon Cherry Growers, LLC in The Dalles, Oregon for violations of the Clean Air Act’s Risk Management Program. The company failed to comply with several risk management program requirements that apply to its use of anhydrous ammonia. Inspection and testing of refrigeration equipment is important to ensure equipment that could contribute to a release is maintained in a safe manner. Compliance with risk management program requirements helps prevent accidental releases of hazardous substances and minimize the consequences of releases that do occur. The company agreed to pay a penalty of $11,100.
EPA settles Clean Water Act violations with Zenith Energy Terminals of Portland
On July 15, 2020, EPA Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act’s Spill Prevention, Control and Countermeasure (SPCC) program by Zenith Energy Terminals in Portland, Oregon. The SPCC program aims to prevent oil spills. The terminal receives, stores, and delivers heavy and light petroleum products via vessels, railroad and truck loading rack. It has a storage capacity of over 72 million gallons of petroleum. An EPA inspection and SPCC plan review determined the facility’s SPCC plan and implementation of the plan itself lacked adequate spill prevention measures. As part of the ESA, the company spent approximately $400,000 updating the SPCC plan and resolving the violations found at the time of inspection. The facility agreed to pay a $5,850 penalty.
EPA settles Clean Air Act violations at SureCrop Farm Services of Junction City
On July 29, 2020, EPA Region 10 filed an expedited settlement agreement against SureCrop Farm Services in Junction City, Oregon for failure to comply with the Clean Air Act’s risk management program which helps prevent accidental releases of hazardous substances and minimize the impacts of releases that do occur. The company agreed to pay a $9,500 penalty.
EPA settles Clean Water Act violations with Oregon Chip Terminal, Inc. of North Bend
On August 10, 2020, EPA Region 10 filed a consent agreement and final order to address violations of the Clean Water Act by Oregon Chip Terminal, Inc., when the company failed to comply with Oregon’s Stormwater General Permit at its woodchip storage facility in North Bend. An EPA inspection noted the facility failed to document corrective actions it took when allowed excess stormwater to enter Coos Bay, failed to document monthly inspections of the its stormwater control systems, and failed to provide documentation of employee training on the stormwater requirements. The facility agreed to pay a penalty of $35,000.
WASHINGTON
EPA settles Clean Water Act violations with Sybil Benham of Mt. Vernon
On July 2, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of section 404 of the Clean Water Act by Sybil Benham, a private landowner in Mt. Vernon, Washington. In the summer of 2016, Benham and/or persons acting on her behalf, constructed an approximately 45 foot by 11 foot dam blocking surface flows into a side channel of the East Fork of the Nookachamps Creek, and piled native on-site materials in an approximately 100 linear foot area downstream of the dam. The work resulted in the placement of dredged and fill material into the East Fork of the Nookachamps Creek, using earthmoving equipment without Section 404 Clean Water Act authorization. The order requires Benham to remove the dam and revegetate impacted areas, and to pay a penalty of $9,000.
EPA settles Clean Water Act violations with Achilles USA, Inc. of Everett
On July 7, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Achilles USA, Inc. located in Everett, Washington. The company operates a 13-acre plastics manufacturing plant in Everett, Washington, with a total oil storage capacity of approximately 68,000 gallons. The plant was brought to EPA's attention by the Washington Department of Ecology during its investigation of two on-site oil spills that entered the plant's stormwater retention system that affected waterfowl. An EPA spill prevention, control and countermeasure (SPCC) inspection and SPCC plan review determined the SPCC plan and facility implementation of the SPCC plan lacked adequate spill prevention precautionary measures. An oil spill from this manufacturing facility has the potential to enter a stream and a creek which both flow to Puget Sound. The company revised and updated its SPCC plan and paid a $45,000 penalty.
EPA settles hazardous chemical reporting violations with Quality Liquid Feeds, Inc. Granger
On July 15, 2020, EPA Region 10 filed a consent agreement and final order against Quality Liquid Feeds, Inc. for violations of the Emergency Protection and Community-Right-to-Know Act (EPCRA) for the company’s failure to report storage of a hazardous chemical at their facility in Granger, Washington. EPCRA reporting supports emergency planning efforts at the state and local levels and provides the public and local governments with information about potential chemical hazards in their communities. The company agreed to pay a penalty of $56,359.
EPA settles Clean Water Act violations with Emerald Services, Inc. of Tacoma
On August 14, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Emerald Services, Inc. located in Tacoma, Washington. Respondent operates a RCRA-permitted treatment, storage, and disposal facility and re-refinery at the Port of Tacoma. The facility has a total oil storage capacity of approximately 713,000 gallons. The facility was brought to EPA's attention by the Washington Department of Ecology during their investigation of spill events. An EPA inspection determined the SPCC plan and facility implementation of the SPCC plan lacked adequate spill prevention measures. An oil spill from this facility has the potential to enter the Commencement Bay tidal flats and Puget Sound. The company revised and updated its SPCC plan and paid a $93,151 penalty.
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