News Releases from Region 10
EPA enforcement cases in PNW & Alaska finalized in September & October 2020
The following summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in September and October of 2020. Other cases are publicized via stand-alone news releases found on EPA’s website at www.epa.gov.
ALASKA
EPA settles Clean Water Act violations with Everts Air Fuel, Inc. of Fairbanks
On September 2, 2020, EPA Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act by Everts Air Fuel, Inc. which operates a bulk storage terminal in Fairbanks, Alaska. An EPA spill prevention, control and countermeasure (SPCC) plan review and inspection determined the facility’s truck loading/unloading rack lacked adequate secondary containment, its SPCC plan was outdated and lacked numerous regulatory requirements, and the facility lacked adequate spill prevention precautionary measures. At the time of the inspection, the bulk terminal had a storage capacity of approximately 166,000 gallons but was in the process of initiating a major tank storage expansion project. An oil spill from this bulk terminal facility has the potential to enter the Chena River, Tanana River, Yukon rivers, and eventually the Bering Sea. The company agreed to revise and update its SPCC plan, and to construct and install various secondary containment features at an estimated cost of $539,000. The company agreed to pay a penalty of $7,562.
EPA settles federal lead paint rule violations with Visser Construction LLC of Anchorage
On September 22, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Visser Construction LLC for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Anchorage, AK. 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.
IDAHO
EPA settles Clean Water Act violations with KCRJ LLC of Boise
EPA Region 10 filed an expedited settlement agreement resolving violations of stormwater control requirements of the Idaho Construction General Permit committed by KCRJ LLC that occurred at the Valhalla Country Estates construction site in Middleton, Idaho. EPA found the company failed to maintain best management practices such as erosion and sediment control measures which risked releasing sediment and other pollutants to nearby waterways. The company agreed to pay a penalty of $3,300.
EPA settles hazardous waste violations by B&W Wrecker Service of Mountain Home
On September 8, 2020, EPA Region 10 filed a consent agreement and final order to resolve violations of the Resource Conservation and Recovery Act by B&W Wrecker Service of Mountain Home, Idaho. This roadside services provider transported hazardous waste without a manifest or EPA identification number in connection with a fire and spill of hazardous waste paint on an interstate highway in September 2015. This matter was referred to EPA by the State of Idaho. The company agreed to pay a penalty of $75,000.
On September 9, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Certified Professional Restorers LLC dba ServiceMaster Clean Fire & Water Clean-up 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 Molina LLC dba Molina Handyman & Construction of Jackson
On September 9, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Molina LLC dba Molina Handyman & Construction (“Molina LLC”) for a violation of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Burley, 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 Folger Development Services LLC of Meridian
On September 21, 2020, Region 10 issued an expedited settlement agreement and final order to Folger Development Services 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 Clarke Holt of Boise
On September 21, 2020, Region 10 issued an expedited settlement agreement and final order to Clarke Holt 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 Clean Water Act with Aspen Homes and Development LLC of Coeur d'Alene
On September 28, 2020, EPA Region 10 filed an expedited settlement agreement resolving violations of stormwater control requirements of the Construction General Permit by Aspen Homes and Development LLC, the owner and operator of the Riverview Heights construction site. EPA found the Coeur d’Alene company failed to conduct and document over 25 stormwater control inspections, failed to update and maintain Stormwater Pollution Prevention Plan records, and failed to install and maintain Best Management Practices such as erosion and sediment control measures which risked releasing sediment and other pollutants to the Spokane River. The company agreed to pay a penalty of $20,325.
EPA settles federal lead paint rule violations with JRS Home Solutions LLC in Kuna
On September 25, 2020, EPA Region 10 issued an expedited settlement agreement and final order to JRS Home Solutions LLC for a violation of the RRP Rule occurring in Kuna, 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 Turn-Key Construction and Renovation LLC of Sagle
On September 25, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Turn-Key Construction and Renovation LLC for a violation of the RRP Rule occurring in Sandpoint, 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 with DeAtley Crushing Company of Lewiston
On October 28, 2020 EPA Region 10 filed a consent agreement and final order with DeAtley Crushing Company for failing to obtain a required permit for activities related to its rock crushing facility located within the Nez Perce Indian Reservation. DeAtley agreed to pay a penalty of $5,000.
OREGON
EPA settles federal pesticides law violations with Earth Science Products of Aurora
On September 16, 2020, EPA Region 10 filed an expedited settlement agreement with Earth Science Products of Aurora, Oregon for violations of the Federal Insecticide, Fungicide, and Rodenticide Act. Earth Science Products failed to file the Pesticide Report for Pesticide-Producing and Device-Producing Establishments by the reporting deadline for calendar years 2016 and 2019. Reports are due by March 1 of each year. The company agreed to pay a penalty of $300
EPA settles hazardous waste violations with Chemical Waste Management of the Northwest, Inc. of Arlington
On September 25, 2020, EPA Region 10 filed a consent agreement and final order to resolve Resource Conservation and Recovery Act permit violations by Chemical Waste Management of the Northwest, Inc. at its Arlington, Oregon facility. This RCRA treatment, storage and disposal facility receives hazardous waste from a variety of generators, and the permit required compliance with third-party liability financial assurance requirements. Previous insurance policies did not provide adequate coverage for third-party bodily injury and property damage claims. The company agreed to pay a penalty of $25,000.
EPA settles violations of federal pesticides law with Western Ag. Improvement of Hood River
On September 30, 2020, EPA Region 10 filed an expedited settlement agreement with Western Ag Improvement for violations of the Federal Fungicide, Insecticide, and Rodenticide Act. Western Ag. Improvement failed to file the Pesticide Report for Pesticide-Producing Establishments by the reporting deadline for calendar years 2017, 2018 and 2019. Reports are due by March 1 of each year. The company agreed to pay a penalty of $700.
WASHINGTON
EPA settles hazardous waste violations by Queen Anne Upholstery & Refinishing of Seattle
On 9/2/20, EPA Region 10 filed an expedited settlement agreement with Queen Anne Upholstery and Refinishing to address violations of the Resource Conservation and Recovery Act at its facility in Seattle. The violations involved failure to maintain aisle space to allow unobstructed movement, failure to conduct a weekly inspection of dangerous waste accumulation areas, failure to properly manage four containers of dangerous waste, and failure to properly manage universal waste. The company paid a $7,000 penalty.
EPA settles hazardous chemical reporting violations with A1 Petroleum Co. of Ellensburg,
EPA Region 10 filed an expedited settlement agreement resolving violations of the Emergency Planning and Community Right-to-Know Act by A1 Petroleum Company for failing to report storage of hazardous chemicals at their facility in Ellensburg, Washington. Reporting required under 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 $5,000.
EPA settles Clean Water Act violations with Puget Sound Naval Shipyard & Intermediate Maintenance Facility of Bremerton
On September 10, 2020, EPA Region 10 signed into effect a Federal Facility Compliance Agreement with the Puget Sound Naval Shipyard & Intermediate Maintenance Facility. This naval facility is the largest in the Pacific Northwest and the only one large enough to handle aircraft carriers. The facility’s EPA-issued Clean Water Act National Pollutant Discharge Elimination System permit sets strict limits for metals and other pollutants in the wastewater it discharges into Sinclair Inlet. For many years the facility’s wastewater discharges have exceeded the allowable limits for copper. This agreement requires the Navy to take measures to reduce the amount of copper being discharged from the facility.
EPA settles hazardous chemical reporting violations with Quincy Valley Fruit L.L.C. of Quincy
EPA Region 10 filed an administrative penalty order with Quincy Valley Fruit L.L.C. for violations of the Emergency Planning and Community Right-to-Know Act. Specifically, QVF failed to report storage of hazardous chemicals at their facility in Quincy, Washington. Reporting required under EPCRA supports emergency planning efforts at the state and local levels and provides the public and local governments with information concerning potential chemical hazards present in their communities. The company agreed to pay a penalty of $48,000.
EPA Issues Notice of Violation to Intalco Aluminum Corporation (Ferndale, WA) for violations of the Clean Air Act
On September 22, 2020, EPA Region 10 issued a notice of violation to Intalco Aluminum Corporation of Ferndale, Washington for violations of the Clean Air Act discovered during EPA inspections in November 2019. EPA alleges the facility violated multiple sections of the Clean Air Act as well as requirements of Washington’s federally approved State Implementation Plan and Title V Air Operating Permit issued by the Washington Department of Ecology.
EPA settles Clean Water Act violations with Garrett Construction Company, Inc. of Loomis
On September 23, 2020, EPA issued a consent agreement and final order to Garrett Construction Company, Inc. for violations of Section 404 of the Clean Water Act. Between August and October 2014, the company discharged fill material into Palmer Lake on two properties in Loomis, Washington. Workers used an excavator and other heavy equipment to build retaining walls at each property below the ordinary high-water mark of Palmer Lake without a required CWA Section 404 permit from the U.S. Army Corps of Engineers. The discharged fill material consisted of various sized rock and fill dirt at both properties. Before EPA’s enforcement actions, restoration at both properties took place through enforcement actions initiated by the Washington Department of Ecology against the property owners. The company agreed to pay a penalty of $15,995.
###