News Releases from Region 10
Recent EPA enforcement cases throughout the PNW & Alaska
Actions finalized in September and October 2019
The following summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in September and October of 2019. The concluding legal document(s) typically provide details of the case and are included at the end of each summary. NOTE: Other, larger cases are publicized via stand-alone news releases found on EPA’s website: www.epa.gov.
ALASKA
EPA and Airport Equipment Rentals, Inc. (Delta Junction, AK) resolve violations of Safe Drinking Water Act
On September 26, 2019, EPA Region 10 filed a Consent Agreement and Final Order resolving alleged violations of the Safe Drinking Water Act by Airport Equipment Rentals, Inc., located in Delta Junction, Alaska. Respondent owns and operates an automotive repair shop in which Respondent conducts repair on motor vehicles. Respondent is alleged to be in violation of the regulations protecting underground (groundwater) sources of drinking water from an injection well. 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 (MVWDWs) were banned in Alaska in August 2005. AER has agreed to permanently close the injection wells and to pay a penalty of $57,100. Closure of the MVWDWs protects drinking water from potential motor vehicle contaminants. Here's a link to the consent agreement and final order: Airport Equipment Rentals
EPA and City of Delta Junction resolve violations of Safe Drinking Water Act
On September 26, 2019, EPA Region 10 filed a Consent Agreement and Final Order resolving alleged violations of the Safe Drinking Water Act by the City of Delta Junction, located in Delta Junction, Alaska. Respondent owns and operates three separate automotive repair shops within public buildings in which Respondent conducts repair on motor vehicles. Respondent is alleged to be in violation of the regulations protecting underground (groundwater) sources of drinking water from an injection well. 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 (MVWDWs) were banned in Alaska in August 2005. The City of Delta Junction has agreed to permanently close the injection wells and to pay a penalty of $22,000. Closure of the MVWDW protects drinking water from potential motor vehicle contaminants. Here's a link to the consent agreement and final order:
EPA and Commercial Automotive Repair (Kenai, AK) resolve violations of Safe Drinking Water Act
On September 26, 2019, EPA Region 10 filed a Consent Agreement and Final Order resolving alleged violations of the Safe Drinking Water Act by Commercial Auto, located in Kenai, Alaska. Respondent owns and operates an automotive repair shop, in which Respondent conducts repair on motor vehicles. Respondent is alleged to be in violation of the regulations protecting underground (groundwater) sources of drinking water from three 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 (MVWDWs) were banned in Alaska in August 2005. Commercial has agreed to permanently close the injection wells and to pay a penalty of $17,500. Closure of the MVWDW protects drinking water from potential motor vehicle contaminants. Here's a link to the consent agreement and final order: Commercial Automotive Repair
EPA and Sitka Sound Seafoods (Sitka, AK) resolve violations of Clean Air Act
On September 26, 2019 EPA Region 10 issued an expedited settlement agreement and final order to North Pacific Seafoods, Inc. (doing business as Sitka Sound Seafoods) for violations of Clean Air Act § 112(r) risk management program requirements. The Region alleged that North Pacific Seafoods, Inc. failed to update their risk management plan at least every five years as required in 40 CFR Part 68. Updated plans provide important information to emergency responders and planners, including accurate chemical quantities, emergency contacts and information about operation and maintenance of the facility. The violation has been corrected. Under the terms of the agreement, the company paid a penalty of $2,000. Here's a link to the expedited settlement agreement: Sitka Sound/North Pacific Seafoods
IDAHO
EPA and City of Glenns Ferry WWTP (Glenns Ferry, ID) resolve violations of Clean Water Act
On September 5, 2019, Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by City of Glenns Ferry, Idaho. The wastewater treatment plant discharged pollutants to waters of the U.S. and was found to be operating in violation of its National Pollution Discharge Elimination System permit. The treatment plant is now operating in compliance and doing so will reduce the amount of pollutant discharges into Snake River which ultimately flows into the Pacific Ocean via Columbia River. The city agreed to pay a penalty of $2,000. Here's a link to the consent agreement and final order: City of Glenns Ferry
EPA and Highlands Cove, LLC (Boise, ID) resolve violations of Clean Water Act
On September 17, 2019, EPA Region 10 filed and concluded an expedited settlement agreement and final order resolving violations of the Clean Water Act by Highlands Cove, LLC, located in Boise, Idaho. The Highlands Cove Subdivision #2 construction site failed to meet the following requirements of EPA’s Stormwater Construction General Permit: 1) installing and maintaining Best Management Practices to control pollutants in stormwater; 2) adequately conducting and documenting self-inspections; and 3) including and updating required information in the site’s Stormwater Pollution Prevention Plan. Adequately installing and maintaining BMPs and conducting self-inspections will help improve water quality in Stewart Gulch, Cotton Wood, and Crane Creek, which are water bodies draining into the Lower Boise River. The company agreed to pay a penalty of $6,800. Here's a link to the expedited settlement agreement: Highlands Cove
EPA and Expeditor LLC (Eagle, ID) for violations of the Lead Renovation, Repair and Painting Rule (RRP Rule)
On September 18, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Expeditor LLC located in Eagle, Idaho, for violations of the RRP Rule occurring in Boise, Idaho. The EPA alleged that Expeditor LLC failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. Respondent agreed to settle and pay a penalty amount of $200. Here's a link to the expedited settlement agreement: Expeditor LLC
EPA and Webster Construction LLC (Nampa, ID) resolve violations of the Lead Renovation, Repair and Painting Rule (RRP Rule)
On September 18, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Webster Construction LLC located in Nampa, Idaho, for violations of the RRP Rule occurring in Boise, Idaho. The EPA alleged that Webster Construction LLC failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. Respondent agreed to settle and pay a penalty amount of $1,000. Here's a link to the expedited settlement agreement: Webster Construction
EPA and Noble Framing, Inc. (Eagle, ID) resolve violations of the Lead Renovation, Repair and Painting Rule (RRP Rule)
On September 18, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Noble Framing, Inc. located in Eagle, Idaho, for violations of the RRP Rule occurring in Boise, Idaho. The EPA alleged that Noble Framing, Inc. failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. Respondent agreed to settle and pay a penalty amount of $200. Here's a link to the expedited settlement agreement: Noble Framing
EPA and Reynolds Brothers Construction LLC (Nampa, ID) resolve violations of the Lead Renovation, Repair and Painting Rule (RRP Rule)
On September 18, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Reynolds Brothers Construction LLC located in Nampa, Idaho, for violations of the RRP Rule occurring in Boise, Idaho. The EPA alleged that Reynolds Brothers Construction LLC failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. Respondent agreed to settle and pay a penalty amount of $200. Here's a link to the expedited settlement agreement: Reynolds Brothers Construction
EPA and Conger Management Group and C15, LLC (Boise, ID) resolve violations of Clean Water Act
On September 27, 2019, EPA Region 10 filed and concluded a stormwater construction expedited settlement agreement and final order resolving violations of the Clean Water Act by Conger Management Group and C15, LLC. Respondents are operators of the Eastridge Subdivision No.1 construction site in Meridian, Idaho and failed to meet the following requirements of EPA’s Stormwater Construction General Permit: 1) installing and maintaining Best Management Practices (BMPs) to control pollutants in stormwater; 2) adequately conducting and documenting self-inspections; and 3) including and updating required information in and properly certifying the site’s Stormwater Pollution Prevention Plan. Adequately installing and maintaining BMPs and conducting self-inspections will help improve water quality in Farr lateral irrigation canal and “unnamed waterway” that drain into the impaired Lower Boise River. The companies agreed to pay a penalty of $2,900. Here's a link to the expedited settlement agreement: Conger Management & C15
EPA and Lorori LLC (Boise, Idaho) resolve violations of the Lead Renovation, Repair and Painting Rule
On October 2, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Lorori LLC located in Boise, Idaho, for violations of the RRP Rule occurring in Boise, Idaho. The EPA alleged that Lorori LLC failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. Respondent agreed to settle and pay a penalty amount of $1,000. Here's a link to the expedited settlement agreement: Lorori LLC
EPA and Grizzly Construction LLC (Boise, Idaho) resolve violations of the Lead Renovation, Repair and Painting Rule
On October 17, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Grizzly Construction LLC located in Boise, Idaho, for violations of the RRP Rule occurring in Boise, Idaho. The EPA alleged that Grizzly Construction LLC failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. Respondent agreed to settle and pay a penalty amount of $1,000. Here's a link to the expedited settlement agreement: Grizzly Construction
OREGON
EPA and Rogue Valley International Airport – Rental Car Facility (Medford, OR) resolve violations of Clean Water Act
On September 16, 2019, EPA Region 10 filed an expedited settlement agreement and final order to resolve Spill Prevention, Control and Countermeasure violations at the Rogue Valley International Airport Rental Car Facility in Medford, Oregon following an October 2018 inspection. The SPCC deficiencies included a failure to conduct routine inspections of tanks carrying diesel and gasoline, and lack of a certified SPCC plan. The airport also agreed to pay a penalty of $2,825. Here's a link to the expedited settlement agreement: Rogue Valley International Airport
EPA and Unified Grocers, Inc. (Milwaukie, OR) resolve violations of Clean Air Act
On September 16, 2019 EPA Region 10 issued an expedited settlement agreement and final order to Unified Grocers, Inc. for violations of Clean Air Act § 112(r) risk management program requirements. EPA alleged that Unified Grocers, Inc. failed to update their risk management plan at least every five years as required in 40 CFR Part 68. Risk management plans provide important information to emergency responders and planners, including accurate chemical quantities, emergency contacts, and information about operation and maintenance of the facility. The violation has been corrected. Under the terms of the agreement, the company paid a penalty of $2,000. Here's a link to the expedited settlement agreement: Unified Grocers
EPA and Ashland (OR) Municipal Airport Fueling Facility resolve violations of Clean Water Act
On September 26, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Municipal Airport Fueling Facility located in Ashland, Oregon to resolve Spill Prevention, Control and Countermeasure (SPCC) violations following an October 2018 inspection. The SPCC Plan deficiencies included general, training and bulk storage container inspection requirements. As part of the post-inspection compliance process, the City of Ashland updated and certified the Facility’s SPCC plan. These actions will help protect Neil and Emigrant Creeks, important salmon-producing tributaries in the Bear Creek Watershed that are already water quality impaired due to water temperature, dissolved oxygen, nutrients, and bacteria. The Respondent also agreed to pay an ESA-based penalty of $2,500. Here's a link to the expedited settlement agreement: Ashland Municipal Airport
WASHINGTON
EPA and Inland Northwest Metallurgical Services, Inc. (Spokane, WA) resolve violations of toxic chemicals reporting law
On September 4, Region 10 filed an expedited settlement agreement and final order against Inland Northwest Metallurgical Services, Inc. located in Spokane Valley, WA, to address violations of Section 312 of the Emergency Planning and Community Right-to-Know Act for failing to file the annual Tier II Hazardous Chemical Inventory Report for calendar year 2016 and 2018. EPCRA 312 annual Tier II reporting 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 $5,000. Here's a link to the expedited settlement agreement: Inland Northwest Metallurgical
EPA and Kenyon Zero Storage, Inc (Grandview, WA) resolve violations of toxic chemical release laws
On September 16, 2019, EPA Region 10 settled with Kenyon Zero Storage, Inc. for violations of EPCRA § 304 and CERCLA § 103 for failure to timely report an ammonia release at their facility in Grandview, Washington. The facility failed to timely notify the National Response Center, State Emergency Response Commission, and Local Emergency Planning Committee of the ammonia release. Kenyon Zero Storage, Inc. agreed to pay a penalty of $34,000. Here's a link to the consent agreement and final order: Kenyon Zero Storage
EPA and Grange Supply Company of Odessa (WA) resolve violations of Clean Air Act
On September 18, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Grange Supply Company of Odessa for violations of Clean Air Act § 112(r) risk management program requirements. The Region alleged that Grange Supply Company of Odessa failed to update their risk management plan at least every five years as required in 40 CFR Part 68. Updated plans provide important information to emergency responders and planners, including accurate chemical quantities, emergency contacts, and information about operation and maintenance of the facility. The violation has been corrected. Under the terms of the agreement, the company paid a penalty of $2,000. Here's a link to the expedited settlement agreement: Grange Supply
EPA and Maxum Petroleum (Seattle, WA) resolve violations of Clean Water Act
On September 18, 2019, EPA Region 10 filed an expedited settlement agreement and final order to Maxum Petroleum in Seattle, Washington to resolve Spill Prevention, Control and Countermeasure (SPCC) violations at following a September 2017 SPCC inspection. The SPCC deficiencies included a lack of an updated SPPC plan and inadequate tank inspections. As part of the post-inspection compliance process, the facility updated their SPCC plan and inspected storage tanks. The Respondent also agreed to pay an ESA-based penalty of $2,400. Here's a link to the expedited settlement agreement: Maxum Petroleum
EPA and OSCCorp, Inc. (Kent, WA) resolve violations of toxic chemicals reporting law
On September 26, 2019, EPA Region 10 settled with OSCCorp Inc., formerly known as “Oberto Sausage Company”, for violations of EPCRA 312 for failing to timely report its storage of several hazardous chemicals at its facility in Kent, Washington. EPCRA 312 annual Tier II reporting 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. OSCCorp Inc. agreed to pay a penalty of $45,175. Here's a link to the consent agreement and final order: OSCCorp
EPA and Marine Vacuum Service, Inc. (Seattle, WA) resolve violations of the Clean Water Act
On September 26, 2019, EPA Region 10 filed an expedited settlement agreement and final order to Marine Vacuum Service, Inc. located in Seattle, Washington to resolve Spill Prevention, Control and Countermeasure (SPCC) violations following a December 2018 inspection. The SPCC Plan deficiencies included general, inspection procedures, training and bulk storage container inspection requirements. As part of the post-inspection compliance process, Marine Vacuum Service, Inc. updated and certified the Facility’s SPCC plan. The Respondent also agreed to pay an ESA-based penalty of $4,925. Here's a link to the expedited settlement agreement: Marine Vacuum Service
EPA and AllWest Imports LLC (Spokane, WA) resolve violations of Clean Air Act
On October 17, EPA Region 10 issued an expedited settlement agreement and final to AllWest Imports, LLC for violations of Title II of the Clean Air Act. AllWest imports motor vehicles from Canada for sale at auction in Washington. EPA alleged that AllWest imported an uncertified motor vehicle in August 2019. The violation was identified by U.S. Customs and Border Protection officers located in Eastport, Idaho and referred to EPA. AllWest paid a civil penalty of $3,000 and submitted documentation showing that the vehicle was re-exported back to Canada. For a copy of the expedited settlement agreement, call Bill Dunbar at 206-553-1019.
EPA and Kenyon Zero Storage, Inc. (Prosser, WA) resolve violations of Clean Air Act
On October 25, 2019 EPA Region 10 issued an expedited settlement agreement and final order to Kenyon Zero Storage, Inc. for violations of Clean Air Act § 112(r) risk management program requirements. The Region alleged that Kenyon Zero Storage, Inc. failed to update their risk management plan at least every five years as required in 40 CFR Part 68. Updated plans provide important information to emergency responders and planners, including accurate chemical quantities, emergency contacts and information about operation and maintenance of the facility. The violation has been corrected. Under the terms of the agreement, the company paid a penalty of $1,200. Here's a link to the expedited settlement agreement: Kenyon Zero Storage
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