DOJ, EPA TOUT NEW SETTLEMENT AS ELIMINATING MILLIONS OF GALLONS OF DISCHARGE INTO SAN FRANCISCO BAY

FROM:  U.S. DEPARTMENT OF JUSTICE 

Monday, July 28, 2014

Historic Clean Water Act Settlement Will Prevent Millions of Gallons of Sewage Discharges into San Francisco Bay

Seven East Bay Communities, Municipal Utility District to Repair Systems, Pay Civil Penalties

The U.S. Environmental Protection Agency announced a Clean Water Act settlement requiring the East Bay Municipal Utility District (EBMUD) and seven East Bay communities to conduct extensive system repairs aimed at eliminating millions of gallons of sewage discharges into San Francisco Bay.  Under today’s agreement, EBMUD and the communities will assess and upgrade their 1,500 mile-long sewer system infrastructure over a 21-year period.  The work is expected to cost approximately $1.5 billion.  The entities will pay civil penalties of $1.5 million for past sewage discharges that violated federal environmental law.

Since 2009, EPA, state and local regulators and environmental groups have worked to reduce sewage discharges from East Bay communities.  During that period, interim actions required EBMUD and the East Bay communities to improve their sewer maintenance practices and gather information to identify priorities for investment.

The San Francisco Bay covers 1,600 square miles and is the largest Pacific estuary in the Americas, a host for millions of migratory birds and a hub of commerce and recreation for more than 7 million Bay Area residents.  Unfortunately, the bay is under threat from many sources of pollution, including crumbling wastewater infrastructure that allows sewage to escape from the system.  During rainstorms, in particular, older sewer systems can be overwhelmed, releasing rivers of sewage before fully treated.

In addition to polluting waterways , raw and partially treated sewage can spread disease-causing organisms, metals, and nutrients that threaten public health. Sewage can also deplete oxygen in the bay, threatening fish, seals and other wildlife.

“For many years, the health of San Francisco Bay has been imperiled by ongoing pollution, including enormous discharges of raw and partially treated sewage from communities in the East Bay,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.  “Many of these discharges are the result of aging, deteriorated sewer infrastructure that will be fixed under the EPA order.”

Today’s settlement is the result of a Clean Water Act enforcement action brought by the EPA, U.S. Department of Justice, State Water Resources Control Board, San Francisco Bay Regional Water Board, San Francisco Baykeeper and Our Children’s Earth Foundation.

“This settlement will result in major reductions of sewage discharges into the San Francisco Bay,” said W. Benjamin Fisherow, Chief of Environmental Enforcement in the Justice Department’s Environment and Natural Resources Division.  “These improvements will help reach our goal of eliminating pollution in the neighborhoods in these cities and in the bay so that citizens may rest assured that they reside in a safe, clean environment.”

The seven East Bay communities in the EBMUD settlement are:

-        City of Alameda
-        City of Albany
-        City of Berkeley
-        City of Emeryville
-        City of Oakland
-        City of Piedmont
-        Stege Sanitary District (serving El Cerrito, Kensington, and a portion of Richmond)

“The public has been required to repair their own sewer laterals for over two years now, so it is past time that the local agencies aggressively repair their sewer systems,” said Bruce Wolfe, Executive Officer of the San Francisco Bay Regional Water Board.  “This settlement spells out how the agencies will work with the public over the next 21 years to do just that and protect the bay.”

“Baykeeper will be watching the progress of these repairs closely to ensure that pollution of San Francisco Bay is reduced and eventually eliminated, and we will take action if the repairs fall short,” said Baykeeper Executive Director Deb Self.

On an annual basis, hundreds of millions of gallons of raw and partially treated sewage are discharged directly to San Francisco Bay.  Also, as much as 600,000 gallons of raw sewage from community sewer systems is first discharged onto streets and other public areas—through outlets such as manhole covers—before it drains to the bay.

As part of the agreement, EBMUD and the seven communities will:

-        repair and rehabilitate old and cracked sewer pipes;

-        regularly clean and inspect sewer pipes to prevent overflows of raw sewage;

-        identify and eliminate illegal sewer connections;

-        continue to enforce private sewer lateral ordinances; and

-        ensure proactive renewal of existing sanitary sewer infrastructure.

EBMUD will also immediately begin work to offset the environmental harm caused by the sewage discharges, which are expected to continue until these sewer upgrades are completed, by capturing and treating urban runoff and contaminated water that currently flows to the bay untreated during dry weather.

Keeping raw sewage and contaminated storm water out of the waters of the United States is one of EPA’s National Enforcement Initiatives.  The proposed settlement is subject to a 30-day public comment period and final court approval.

TWO SENTENCED FOR DUMPING TONS OF ASBESTOS IN VIOLATION OF CLEAN WATER ACT

FROM:   U.S. DEPARTMENT OF JUSTICE 
Friday, August 2, 2013
Two Sentenced in New York State for Dumping Thousands of Tons of Asbestos in Violation of the Clean Water Act

Two individuals, Donald Torriero and Julius DeSimone, were sentenced in federal court in Utica, N.Y., for illegally dumping thousands of tons of asbestos-contaminated construction debris on a 28-acre piece of property on the Mohawk River in upstate New York, the Justice Department announced.

U.S. District Judge David N. Hurd sentenced Torriero to serve 36 months in prison followed by three years of supervised release. Torriero was immediately remanded into custody of the U.S. Marshals. DeSimone was sentenced to five years’ probation, including six months of home confinement. Both were ordered to pay $492,000 in restitution for, among other things, cleanup expenses at the site.

The two pleaded guilty to conspiring to violate the Clean Water Act, the Superfund statute, wire fraud and to defrauding the United States. In addition, Torriero pleaded guilty to substantive wire fraud charges, and DeSimone was convicted of making false statements to law enforcement in connection with a fabricated "permit letter" the conspirators created and used to dump at the site.

According to the evidence, Torriero, DeSimone and others conspired to fill in the entire property over the course of five years with pulverized construction and demolition debris that was processed at New Jersey solid waste management facilities and then transported to open property in Frankfort, N.Y.  The plot was uncovered by law enforcement just months after the operation began, but not before the conspirators had already dumped at least 400 truckloads of debris at the site. Much of the material that was dumped was placed in and around waters of the United States and some of the material was found to be contaminated with asbestos. The conspirators then concealed the illegal dumping and recruited others to join in the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forged the name of a DEC official on the fraudulent permit.

“Torriero and DeSimone endangered the health of both their fellow citizens and sensitive wetlands by violating numerous laws meant to ensure the proper disposal of toxic materials. They also committed other criminal acts in their attempts to cover up their misdeeds,” stated Acting Assistant Attorney General Robert Dreher of the Justice Department’s Environment and Natural Resources Division. “Holding these men responsible for their criminal activities will serve as notice to others involved in similar schemes that the Justice Department will not tolerate such flagrant disregard for the law and the environment.”

“Asbestos can cause cancer and other serious respiratory diseases; there is no safe level of exposure to it,” said Vernesa Jones-Allen, Acting Special Agent in Charge of EPA’s Criminal Investigation Division in New York. “The defendants in this case conspired to illegally dispose asbestos containing material. This case demonstrates that the American people will not tolerate those who make money by breaking the law and damage the environment.”

“This case demonstrates the commitment of local, state and federal law enforcement agencies to work together to protect the environment and the health of the citizens we serve,” said Richard S. Hartunian, U.S. Attorney for the Northern District of New York. “I commend all the law enforcement officers involved in this case for their hard work in bringing Torriero and DeSimone to justice.”

“The disposal of hazardous materials is closely regulated in New York State to protect public health and our environment,” said New York State Department of Environmental Conservation (DEC) Commissioner Joe Martens. “The forgery of permits by the defendants in this case was a blatant and potentially dangerous criminal act that undermined the integrity of the permit system. I applaud the collaborative work of DEC investigators and partners to halt this illegal dumping, apprehend the perpetrators, and bring them to justice.”

This case is related to the guilty pleas and sentencings associated with Eagle Recycling, Mazza & Sons Inc., Dominick Mazza, Cross Nicastro and Jon Deck. Mr. Deck is the last remaining individual awaiting sentencing.

This case was investigated by the New York State Environmental Conservation Police, Bureau of Environmental Crimes, EPA’s Criminal Investigation Division, Internal Revenue Service, New Jersey State Police Office of Business Integrity Unit, New Jersey Department of Environmental Protection, and Ohio Department of Environmental Protection. The case is being prosecuted by Assistant U.S. Attorney Craig A. Benedict of the Northern District of New York, and Trial Attorneys Todd W. Gleason and Gary Donner of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

CORPORATION AND IT'S MAN SENTENCED FOR WETLANDS VIOLATIONS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY 
Florida Man and His Corporation Sentenced for Wetlands Violations in Panama City

WASHINGTON - Brian Raphael D’Isernia, 69, of Panama City Beach, Fla., and Lagoon Landing, LLC, a corporation controlled by D’Isernia, were sentenced today in federal court in the Northern District of Florida for illegal dredging and felony wetlands violations in Panama City. The two defendants were ordered to pay a criminal fine totaling $2.25 million dollars, the largest criminal fine assessed for wetlands-related violations in Florida history. D’Isernia was sentenced to pay a $100,000 criminal fine, while Lagoon Landing, LLC was sentenced to pay a $2.15 million criminal fine, a $1 million community service payment, and a term of three years probation.

D’Isernia pleaded guilty to knowingly violating the Rivers and Harbors Act. D’Isernia was charged with dredging an upland cut ship launching basin in Allanton and the channel connecting it to East Bay between December 2009 and February 2010 without obtaining a permit.

Lagoon Landing, LLC, pleaded guilty to a felony violation of the Clean Water Act for knowingly discharging a pollutant into waters of the United States without a permit. Between 2005 and 2010, Lagoon Landing, through its agents and employees in conjunction with persons using tractors and other heavy equipment, altered and filled wetland areas of property it controlled in Allanton without obtaining a permit. The wetland areas were adjacent to and had a significant nexus to East Bay.

Lagoon Landing, LLC was also ordered to pay a $1 million community service payment to the National Fish and Wildlife Foundation, a charitable non-profit organization created by Congress. The foundation will use the money to fund projects for the conservation, protection, restoration and management of wetland, marine and coastal resources, with an emphasis on projects benefiting wetlands in and around St. Andrew Bay.

“The defendants adversely impacted wetlands, which play a critical role in maintaining water quality, providing habitat for fish and wildlife, reducing flood damage, and providing recreational opportunities for the public,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assistance. “The sentences show that EPA, in conjunction with its federal and state law enforcement partners, will vigorously investigate and seek prosecution for those who harm these essential natural resources.”

In a separate but related civil settlement, Northwest Florida Holdings, Inc., a Florida holding corporation controlled by D’Isernia, entered into an Administrative Compliance Order with the U.S. Environmental Protection Agency (EPA) that will result in the restoration of approximately 58.63 acres of wetlands and upland buffers. The wetlands will be protected from future development by a conservation easement. The corporation also agreed to study the water quality in and around the Allanton and Nelson Street Shipyards; upgrade stormwater protection for the Allanton Shipyard; withdraw applications to convert the launching basin to a marina and create a Planned Unit Development at the Allanton Shipyard; and hire someone to oversee environmental compliance.

In a second separate but related civil settlement, Northwest Florida Holdings, Inc. entered into a consent order with the Florida Department of Environmental Protection (FDEP) and agreed to conduct stormwater corrective actions and water quality studies at the Allanton Shipyard. The corporation will pay a $9,750 civil fine to the Ecosystem Management and Restoration Trust Fund, and $94,718.25 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.

In a third separate but related civil settlement, Bay Fabrication, Inc., a corporation controlled by D’Isernia, entered into a consent order with FDEP and agreed to conduct stormwater corrective actions and water quality studies at the Nelson Street Shipyard. The corporation will pay a $6,000 civil fine to the Ecosystem Management and Restoration Trust Fund, and $76,923 in severed dredge materials fees to the Florida Internal Improvement Trust Fund.

In a fourth separate but related civil settlement, Peninsula Holdings, LLC, a corporation controlled by D’Isernia, entered into a Consent Order with FDEP and agreed to conduct stormwater improvements at property it owns located at 2500 Nelson Street, Panama City, Florida 32401. The corporation will pay a $1,500 civil fine to the Ecosystem Management and Restoration Trust Fund.

In a fifth separate but related civil settlement, D’Isernia and his wife Miriam D’Isernia, entered into a consent order with FDEP to remove unauthorized fill materials from property located in Panama City Beach, Fla. Brian and Miriam D’Isernia will pay a $250 civil fine to the Ecosystem Management and Restoration Trust Fund.

These cases were investigated by the EPA Criminal Investigation Division and the Coast Guard Investigative Service, in partnership with EPA Region 4, the U.S. Department of Transportation, Office of Inspector General, U.S. Army Corps of Engineers, U.S. Coast Guard Station Panama City, U.S. Department of Agriculture, and FDEP. These cases were prosecuted by the Honorable Randall J. Hensel, Assistant United States Attorney for the Northern District of Florida.

EPA ANNOUNCES PROPOSAL TO REDUCE TOXIC DISCHARGES INTO WATERWAYS BY POWER PLANTS

Lake Superior.  Credit:  Wikimedia.

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY

EPA Proposes to Reduce Toxic Pollutants Discharged into Waterways by Power Plants

WASHINGTON — In accordance with a consent decree and in line with requirements under the Clean Water Act, the U.S. Environmental Protection Agency (EPA) today will propose a range of options to help reduce dangerous pollutants, including mercury, arsenic, lead, and selenium that are released into America’s waterways by coal ash, air pollution control waste and other waste from steam electric power plants. Today’s proposal includes a variety of options for whether and how these different waste streams should be treated. EPA will take comment on all of these options, which it will use to help inform the most appropriate final standard.

Steam electric power plants currently account for more than half of all toxic pollutants discharged into streams, rivers and lakes from permitted industrial facilities in the United States. High exposure to these types of pollutants has been linked to neurological damage and cancer as well as damage to the circulatory system, kidneys and liver.Toxic heavy metals do not break down in the environment and can also contaminate sediment in waterways and impact aquatic life and wildlife, including large-scale die-offs of fish.

"America’s waterways are vital to the health and well-being of our communities," said Acting Administrator Bob Perciasepe. "Reducing the pollution of our waters through effective but flexible controls such as we are proposing today is a win-win for our public health and our economic vitality. We look forward to hearing from all stakeholders on the best way forward."

EPA has put a focus on ensuring any final rule would protect public health while being sensible and achievable, and in line with that goal, under every preferred option proposed by EPA today, more than half of America’s coal fired power plants would be in compliance without incurring any additional cost.

The proposal updates standards that have been in place since 1982, incorporating technology improvements in the steam electric power industry over the last three decades as required by the Clean Water Act. The proposed national standards are based on data collected from industry and provide flexibility in implementation through a phased-in approach and use of technologies already installed at a number of plants. Under the proposed approach, new requirements for existing power plants would be phased in between 2017 and 2022, and would leverage flexibilities as necessary.

Fewer than half of coal-fired power plants are estimated to incur costs under any of the proposed preferred options, because many power plants already have the technology and procedures in place to meet the proposed pollution control standards.

The four preferred options differ in the number of waste streams covered (such as fly ash handling systems, treatment of air pollution control waste and bottom ash), the size of the units controlled and the stringency of the treatment controls to be imposed. EPA estimates that the regulations would reduce pollutant discharges by 470 million to 2.62 billion pounds annually and reduce water use by 50 billion to 103 billion gallons per year.

EPA also announced its intention to align this Clean Water Act rule with a related rule for coal combustion residuals (CCRs, also known as "coal ash") proposed in 2010 under the Resource Conservation and Recovery Act. The two rules would apply to many of the same facilities and would work together to reduce pollution associated with coal ash and related wastes. EPA is seeking comment from industry and other stakeholders to ensure that both final rules are aligned to reduce pollution efficiently and minimize regulatory burdens.

There are approximately 1,200 steam electric power plants that generate electricity using nuclear fuel or fossil fuels such as coal, oil, and natural gas in the U.S. Approximately 500 of these power plants are coal fired units which are the primary source of the pollutants being addressed by the proposed regulation. Power plants that are smaller than 50 megawatts would not be impacted by these new standards, and the majority of coal-fired power plants would incur no costs under the proposed standards.

The public comment period on the proposed rule will be open for 60 days after publication in the Federal Register. The agency is under a consent decree to take final action by May 22, 2014.

TRANSOCEAN PLEADS GUILTY AND WILL PAY $400 MILLION FOR ROLE IN DEEPWATER HORIZON DISASTER

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, February 14, 2013
Transocean Pleads Guilty, Is Sentenced to Pay $400 Million in Criminal Penalties for Criminal Conduct Leading to Deepwater Horizon Disaster

Second Corporate Guilty Plea Obtained by Deepwater Horizon Task Force, Second-largest Criminal Clean Water Act Fines and Penalties in U.S. History

Transocean Deepwater Inc. pleaded guilty today to a violation of the Clean Water Act (CWA) for its illegal conduct leading to the 2010 Deepwater Horizon disaster, and was sentenced to pay $400 million in criminal fines and penalties, Attorney General Holder announced today.

In total, the amount of fines and other criminal penalties imposed on Transocean are the second-largest environmental crime recovery in U.S. history – following the historic $4 billion criminal sentence imposed on BP Exploration and Production Inc. in connection with the same disaster.

"Transocean’s guilty plea and sentencing are the latest steps in the department’s ongoing efforts to seek justice on behalf of the victims of the Deepwater Horizon disaster," said Attorney General Holder. "Most of the $400 million criminal recovery – one of the largest for an environmental crime in U.S. history – will go toward protecting, restoring and rebuilding the Gulf Coast region."

"The Deepwater Horizon explosion was a senseless tragedy that could have been avoided," said Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division. "Eleven men died, and the Gulf’s waters, shorelines, communities and economies suffered enormous damage. With today’s guilty plea, BP and Transocean have now both been held criminally accountable for their roles in this disaster."

Transocean’s guilty plea was accepted, and the sentence was imposed, by U.S. District Judge Jane Triche Milazzo of the Eastern District of Louisiana. During the guilty plea and sentencing proceeding, Judge Milazzo found, among other things, that the sentence appropriately reflects Transocean’s role in the offense conduct, and that the criminal payments directed to the National Academy of Sciences and National Fish and Wildlife Foundation are appropriately designed to help remedy the harm to the Gulf of Mexico caused by Transocean’s actions. The judge also noted that the fines and five year probationary period provide just punishment and adequate deterrence.

Transocean pleaded guilty to an information, previously filed in federal court in New Orleans, charging the company with violating the CWA. During the guilty plea proceeding today, Transocean admitted that members of its crew onboard the Deepwater Horizon, acting at the direction of BP’s well site leaders, known as "company men," were negligent in failing to investigate fully clear indications that the Macondo well was not secure and that oil and gas were flowing into the well.

The criminal resolution is structured to directly benefit the Gulf region. Under the order entered by the court pursuant to the plea agreement, $150 million of the $400 million criminal recovery is dedicated to acquiring, restoring, preserving and conserving – in consultation with appropriate state and other resource managers – the marine and coastal environments, ecosystems and bird and wildlife habitat in the Gulf of Mexico and bordering states harmed by the Deepwater Horizon oil spill. This portion of the criminal recovery will also be directed to significant barrier island restoration and/or river diversion off the coast of Louisiana to further benefit and improve coastal wetlands affected by the spill. An additional $150 million will be used to fund improved oil spill prevention and response efforts in the Gulf through research, development, education and training.

Transocean was also sentenced, according to the plea agreement, to five years of probation – the maximum term of probation permitted by law.

A separate proposed civil consent decree, which resolves the United States’ civil CWA penalty claims, imposes a record $1 billion civil Clean Water Act penalty, and requires significant measures to improve performance and prevent recurrence, is pending before U.S. District Judge Carl J. Barbier of the Eastern District of Louisiana.

The charges and allegations pending against individuals in related cases are merely accusations, and those individuals are considered innocent unless and until proven guilty.

The guilty plea and sentencing announced today are part of the ongoing criminal investigation by the Deepwater Horizon Task Force into matters related to the April 2010 Gulf oil spill. The Deepwater Horizon Task Force, based in New Orleans, is supervised by Assistant Attorney General Breuer and led by Deputy Assistant Attorney General John D. Buretta, who serves as the director of the task force. The task force includes prosecutors from the Criminal Division and the Environment and Natural Resources Division of the Department of Justice; the U.S. Attorney’s Office for the Eastern District of Louisiana, as well as other U.S. Attorneys’ Offices; and investigating agents from: the FBI; Environmental Protection Agency, Criminal Investigative Division; Environmental Protection Agency, Office of Inspector General; Department of Interior, Office of Inspector General; National Oceanic and Atmospheric Administration, Office of Law Enforcement; U.S. Coast Guard; U.S. Fish and Wildlife Service; and the Louisiana Department of Environmental Quality.

This case was prosecuted by Deepwater Horizon Task Force Director John D. Buretta, Deputy Directors Derek A. Cohen and Avi Gesser, and task force prosecutors Richard R. Pickens II, Scott M. Cullen, Colin Black and Rohan Virginkar.

EPA AND NEW CINGULAR WIRELESS REACH AGREEMENT TO RESOLVE VIOLATIONS AT 332 SITES

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Settlement with New Cingular Wireless to Resolve Violations at Hundreds of Legacy AT&T Wireless Sites

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and New Cingular Wireless (NCW) have reached an administrative settlement requiring the company to pay a civil penalty of $750,000 and spend $625,000 on environmental projects to resolve alleged reporting, planning and permitting violations at 332 legacy AT&T Wireless (AWS) sites now owned by NCW.

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

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

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

NCW has also agreed to conduct environmental projects, which will provide hazardous materials awareness and health/safety training to building inspectors and fire fighters. The projects will also support the procurement of emergency response equipment such as fire-fighting equipment, gas meters, hazmat identification equipment, satellite phones and other emergency communications equipment. The seven entities, located in four states that will benefit from the projects are: Palm Beach County Fire Rescue and Georges Lake Volunteer Fire Department, Putnam County, Fla., New York City Fire Department, N.Y., Yancey, Texas Volunteer Fire Department, Texas, and San Diego, County California Office of Emergency Services, Bodega Bay, California Fire Protection District, and Los Angeles, California Police Department Calif.

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

BOSTON RACETRACK AGREES TO SETTLE WASTEWATER DISCHARGES

FROM: U.S. DEPARTMENT OF JUSTICE

Wednesday, August 22, 2012

Clean Water Act Settlement Ensures That Boston Racetrack Addresses Wastewater and Stormwater Discharges
　

WASHINGTON – Sterling Suffolk Racecourse LLC will pay a civil penalty of $1.25 million to resolve violations of the Clean Water Act (CWA) at its Suffolk Downs racetrack facility in Revere and East Boston, Mass., the U.S. Department of Justice and U.S. Environmental Protection Agency (EPA) announced today. The company is also spending more than $3 million to prevent polluted water from entering nearby waterways and will perform three environmental projects worth approximately $742,000 that will provide water quality monitoring and protection efforts for more than 123 square miles of watershed. The terms of the settlement are contained in a consent decree lodged in federal court in Boston today.

The federal complaint alleges that Suffolk allowed polluted wastewater, including horse manure, urine and bedding material, to discharge into Sales Creek, a tributary of Belle Isle Inlet and Boston Harbor. In addition, the federal complaint alleges that Suffolk operated its concentrated animal feeding operation (CAFO), which stables race horses from March through November, without a permit under the CWA.

"Today’s agreement will prevent further discharges of wastewater from Suffolk Downs into local waterways and will bring the racetrack into compliance with the Clean Water Act, which protects America’s streams, wetlands and rivers from the impacts of Concentrated Animal Feeding Operations," said Ignacia S. Moreno, Assistant Attorney General of the Environment and Natural Resources Division of the Department of Justice. "The settlement also brings lasting benefits to residents and the environment by requiring water quality monitoring in the Mystic and Saugus river watersheds and a salt marsh habitat protection project near the racetrack."

"This settlement reduces a major source of pollution into Boston Harbor," said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. "In addition, the settlement’s environmental projects include monitoring water quality in the harbor’s watershed, helping to protect a valuable urban waterway for the use and enjoyment of Boston area residents and visitors."

In response to EPA’s enforcement at this facility, Suffolk is completing construction of a wastewater collection system, is making improvements to its stormwater collection system and has applied for a National Pollutant Discharge Elimination System (NPDES) permit. Suffolk will minimize the volume of and properly manage the wastewater it produces, which will now be collected in a detention pond and discharged during non-peak hours to the sanitary sewer system. Suffolk will also implement green infrastructure and low impact development techniques to address stormwater discharges from the racetrack and maintenance areas of the facility. These techniques involve the use of natural or engineered systems to direct stormwater to areas where it can be stored, infiltrated, evapotranspirated or reused.

"This case is yet another reminder of the department’s longstanding commitment to defending the integrity of our precious natural resources through vigorous enforcement of our environmental laws," said U.S. Attorney for the District of Massachusetts Carmen Ortiz. "Today’s settlement will help safeguard a cleaner environment for the citizens of the commonwealth to preserve and enjoy, and protect sensitive waterways and wetlands from harmful pollution."

EPA inspections revealed that Suffolk Down’s process wastewater discharged from the facility to Sales Creek during dry and wet weather. EPA inspectors observed stormwater contaminated with manure and turbid, brown runoff being discharged from the facility to Sales Creek. Sampling conducted at various outfalls discharging from the Suffolk Downs facility indicated elevated levels of pollutants, including ammonia, suspended solids and bacteria. Animal wastes contain excessive levels of nutrients and pathogens, which produce adverse environmental impacts including reduction of oxygen in the water, which affects aquatic life.

Suffolk will undertake three supplemental environmental projects under this settlement, including two water quality monitoring projects and one habitat protection project. Suffolk will work with the Mystic River Watershed Association (MyRWA) to conduct monthly baseline and targeted water quality sampling throughout the Mystic River watershed and will work with the Saugus River Watershed Council (SRWC) to conduct a Saugus River watershed sampling program. Both the Mystic River watershed and Saugus River watershed data will be available to the public for free on the MyRWA and SRWC websites. Suffolk will also construct a habitat protection boardwalk in the Belle Isle Marsh, which is immediately downstream of the Suffolk Downs facility and represents one of the largest remaining areas of salt marsh in Boston Harbor. The Belle Isle Marsh encompasses 275 acres of salt marsh, salt meadow and tidal flats, and is part of the Rumney Marsh Area of Critical Environmental Concern (ACEC).

Preventing animal waste from contaminating surface and ground waters of the United States is one of EPA’s National Enforcement Initiatives for 2011-2013. The initiative focuses on large and medium sized CAFOs that are discharging pollution without or in violation of a permit.

The consent decree, lodged in the U.S. District Court for the District of Massachusetts, is subject to a 30-day public comment period and approval by the federal court.

POULTRY PLANT CONVICTED OF VIOLATING CLEAN WATER ACT

FROM: U.S. DEPARTMENT OF JUSTICE
Monday, August 20, 2012
North Carolina Poultry Processing Plant Convicted for Knowing Violations of Clean Water Act

WASHINGTON – A federal jury today found House of Raeford Farms Inc., the owner and operator of a poultry slaughtering and processing facility located in Raeford, North Carolina, guilty of 10 counts of knowing violations of the Clean Water Act.
　
House of Raeford allowed plant employees to bypass the facility’s pretreatment system and send its untreated wastewater directly to the city of Raeford’s wastewater treatment plant, without notifying city officials. In addition, House of Raeford failed to prevent employees from sending thousands of gallons of wastewater into a pretreatment system that did not have the capacity to adequately treat the wastewater before it was discharged to the city plant. The untreated wastewater that was discharged directly to the city plant was contaminated with waste from processing operations, including blood, grease and body parts from slaughtered turkeys. A House of Raeford former employee admitted that the facility would continue to "kill turkeys" despite being warned that the unauthorized bypasses had an adverse impact on the city’s wastewater treatment plant. The city plant was responsible for treating industrial, commercial and residential wastewater before it was discharged to Rockfish Creek in Hoke County.
　
The bypasses and failure to report them violated House of Raeford’s pretreatment permit as well as the city’s sewer use ordinance. Many of the bypasses took place while House of Raeford was subject to a consent order with the city that required it to construct a new pretreatment system and comply with all requirements of its pretreatment permit. A number of the bypasses were recorded in log books kept by House of Raeford Inc. wastewater operators, and were never revealed to the city.
　
"The convictions today demonstrate the Justice Department’s commitment to prosecuting those who knowingly violate pretreatment permits and the Clean Water Act by releasing untreated and contaminated wastewater to municipal wastewater treatment plants," said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. "The violations here are especially egregious and will not be tolerated. The evidence showed that House of Raeford allowed overflows of untreated wastewater to bypass a critical part of their pretreatment system. Many of these bypasses were not disclosed to the city of Raeford, and placed an additional burden on the city’s wastewater treatment plant."
　
"Publicly owned wastewater treatment plants must be protected from companies that cut corners by discharging wastewater illegally," said Maureen O’Mara, Special Agent in Charge of of EPA Region 4, which covers the southeast United States including North Carolina. "The defendants in this case deliberately discharged turkey parts, blood and grease into the wastewater plant for over 16 months, bypassing treatment. Today’s conviction sends the message that the American public will not tolerate companies putting profit ahead of compliance."
　
"Families and businesses depend on having clean water. Our SBI agents will continue to work closely with their federal partners to protect the safety of our water supply and hold polluters accountable," said North Carolina Attorney General Roy Cooper.
　
House of Raeford Inc. faces a maximum fine of $500,000 or twice the gain or loss resulting from the offenses, whichever is greater, per count. Sentencing has been scheduled for Nov. 28, 2012.
　
The case was prosecuted by the Justice Department’s Environmental Crimes Section and was investigated by U.S. Environmental Protection Agency Criminal Investigation Division and North Carolina State Bureau of Investigation.

TWO ENERGY BUSINESSES TO PAY $1 MILLION FOR SPILLS IN THREE STATES

U.S. DEPARTMENT OF JUSTICE
Tuesday, May 29, 2012
Mid-America Pipeline Company and Enterprise Products Operating to Pay $1 Million for Spills in Iowa, Kansas and Nebraska

WASHINGTON – Mid-America Pipeline Company LLC (MAPCO), and Enterprise Products Operating LLC, of Houston, have agreed to pay a civil penalty of more than $1 million to the United States to settle violations of the federal Clean Water Act related to three natural gasoline pipeline spills in Iowa, Kansas and Nebraska.

As part of a consent decree lodged today in U.S. District Court in Omaha, Neb., and in addition to paying the $1,042,000 civil penalty, the companies have agreed to undertake various measures aimed at reducing external threats to their pipeline, enhance their reporting of spills, and spend at least $200,000 to identify and prevent external threats to the pipeline involved in the spills.

MAPCO owns and Enterprise operates the 2,769-mile West Red Pipeline, which transports mixed natural gasoline products between Conway, Kan., and Pine Bend, Minn. The settlement resolves Clean Water Act violations related to three spills that occurred along the pipeline:

·      A March 29, 2007, rupture near Yutan, Neb., which caused the discharge of approximately 1,669 barrels of natural gasoline directly into an unnamed ditch and Otoe Creek.
·      An April 23, 2010, rupture near Niles, Kan., which caused the discharge of approximately 1,760 barrels of natural gasoline directly into an unnamed ditch, Cole Creek, Buckeye Creek and the Solomon River.
·      An Aug. 13, 2011, rupture near Onawa, Iowa, which caused the discharge of approximately 818 barrels of natural gasoline directly into the Missouri River.

“Pipeline ruptures and resulting spills can cause significant harm to the environment, so it is essential that pipeline owners and operators abide by federal laws intended to protect our land and waters,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice.  “This agreement will put into place important measures to prevent future spills and identify potential safety threats along MAPCO’s West Red Pipeline.”

“More than 20,000 miles of pipeline, carrying oil and petroleum products, cross the states of Iowa, Kansas, Missouri and Nebraska in EPA’s Region 7,” said Environmental Protection Agency Regional Administrator Karl Brooks. “A frequent cause of pipeline breaks is the action of third parties during farming and excavation. This settlement requires the defendants to honor a schedule of pipeline inspections on the ground and from the air, and reach out to local agencies, contractors and excavators to make sure they are more fully aware of pipeline locations and depths.”

“This settlement requires proactive vigilance to ensure that our soil and waterways are protected from contaminants,” said Deborah R. Gilg, U.S. Attorney for the District of Nebraska.  “The agreement will result in safer pipeline operations and that will be good for Nebraska’s environment.”

In addition to the proactive inspections and outreach efforts, the settlement also requires MAPCO and Enterprise to spend $200,000 to relocate, cover, lower or replace pipeline segments; install new remote shutoff valves; install new physical protections such as fences or concrete barriers; and install other new equipment, structures or systems to prevent spills from reaching navigable waters.

U.S & TENNESSEE REACH CLEAN WATER ACT AGREEMENT WITH CITY OF MEMPHIS.

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY

U.S. and Tennessee Announce Clean Water Act Agreement with the City of Memphis
WASHINGTON – The U.S. Environmental Protection Agency, the U.S. Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced a comprehensive Clean Water Act (CWA) settlement with the City of Memphis, Tenn. Memphis has agreed to make improvements to its sewer systems to eliminate unauthorized overflows of untreated raw sewage. Memphis estimates such work will cost approximately $250 million.  

 “EPA is working with communities across country to address sewage overflows that negatively impact the health of residents and impair local water quality,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This collaborative agreement with the city of Memphis will reduce raw sewage overflows, protecting area waterways now and into the future.”

“The improvements required by this settlement agreement will bring lasting public health and environmental benefits to Memphis residents,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “We will continue to work in partnership with EPA to enforce the Clean Water Act and work with municipalities across the country to advance the goal of clean water for all communities.”

A consent decree, filed today in U.S. District Court for the Western District of Tennessee in Memphis, represents the combined efforts of the United States and the state of Tennessee, co-plaintiffs in this settlement, and the Tennessee Clean Water Network, an intervening plaintiff in this action. The United States and Tennessee previously filed a complaint against Memphis on February 5, 2010, seeking injunctive relief and civil penalties for Memphis’ alleged violations of the Clean Water Act and the Tennessee Water Quality Control Act.

The major features of the consent decree will require Memphis to implement specific programs designed to ensure proper management, operation and maintenance of its sewer systems to eliminate unauthorized overflows of untreated raw sewage. In order to address the problem of grease buildup within the sewer lines, Memphis developed and will be required to implement a comprehensive fats, oil and grease (FOG) program. Furthermore, the consent decree will require Memphis to develop and implement a continuing sewer assessment and rehabilitation program to ensure that the integrity of sewer infrastructure is appropriately maintained to prevent system failures that would likely result in unauthorized overflows. The consent decree will also require Memphis to perform corrective measures in certain specifically identified priority areas.

In addition to the control requirements, the consent decree will also require Memphis to pay a civil penalty of $1.29 million. Half of this amount will be paid to the United States. At the direction of the state, the other half of the civil penalty will be paid by Memphis through the performance of certain state projects. These projects include implementation of improvements to Memphis’ Geographic Information System (GIS) and implementation of an effluent color study to better delineate limits for the color of Memphis’ permitted discharges into the Mississippi River.

Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of 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 cities’ commitments to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.

The United States has reached similar agreements in the past with numerous municipal entities across the country including Mobile and Jefferson County, Ala. (Birmingham); Atlanta and Dekalb County, Ga.; Knoxville and Nashville, Tenn.; Miami-Dade County, Fla.; New Orleans; Hamilton County (Cincinnati), Ohio; Northern Kentucky Sanitation District #1; and Louisville, Ky.

The proposed consent decree with Memphis is subject to a 30-day public comment period and final court approval.

N.Y. MAN PLEADS GUILTY FOR ILLEGAL DUMPING OF WASTE

The following excerpt is from the Department of Justice website:

Friday, February 17, 2012
“Man Pleads Guilty to Illegal Dumping in Upstate New YorkJulius DeSimone Defrauded the United States and Violated Clean Water Act
WASHINGTON – Julius DeSimone of Rome, N.Y., pleaded guilty today in federal court in Utica, N.Y., for conspiring to violate the Clean Water Act and to defraud the United States, and to making false statements to federal law enforcement, the U.S. Attorney’s Office for the Northern District of New York and the U.S. Department of Justice Environment and Natural Resources Division announced today.

DeSimone pleaded guilty before U.S. District Judge Hurd for the Northern District of New York to two criminal felony counts for conspiring to violate the Clean Water Act’s prohibition on filling wetlands and then lying to federal agents in an attempt to conceal his crimes.  According to the charges, DeSimone and other co-conspirators engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at New York and New Jersey solid waste management facilities and then transported to a farmer’s property in Frankfort, N.Y.

According to court documents, DeSimone and other conspirators concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit.   DeSimone admitted in the plea agreement that once DEC and the U.S. Environmental Protection Agency (EPA) learned of the illegal dumping, he lied to federal agents in an effort to conceal the crimes.

DeSimone faces up to five years in prison and a $250,000 fine for each felony count and may be ordered to pay for portions of the cleanup at the site.

Today’s plea is related to the pleas of Eagle Recycling and Jonathan Deck who pleaded guilty to similar conspiracy charges in 2009 and 2011.

This case was investigated by the New York State Environmental Conservation Police, Bureau of Environmental Crimes, EPA’s Criminal Investigation Division and the Internal Revenue Service, investigators from the New Jersey State Police Office of   Business Integrity Unit, the New Jersey Department of Environmental Protection and the Ohio Department of Environmental Protection.   The case is being prosecuted by Assistant U.S. Attorney Craig A. Benedict, of the Northern District of New York, and Todd W. Gleason of the Environmental Crimes Section of the Environment and Natural Resources Division of the U.S. Department of Justice.”