Portland OR (7/29/2022) — The Oregon Department of Environmental Quality settled the largest fine in agency history on Wednesday with Herbert Malarkey Roofing Co. in north Portland for air quality violations spanning 10 years. This settlement helps ensure compliance and secure tangible environmental benefits for the community.

The signed settlement agreement, officially called a Mutual Agreement and Final Order, lays out corrective actions to support both short- and long-term environmental compliance. The agreement requires Malarkey to submit an Operation, Maintenance and Monitoring Plan for pollution controls that were installed in 2020 within 45 days to DEQ for approval. In addition, Malarkey must report to DEQ monthly to confirm the pollution controls are operating effectively. Both the plan and the monthly reporting requirements will be rolled into Malarkey’s updated air quality permit.

Additionally, the agreement directs Malarkey to consider paying up to $1.16 million of the final $1.45 million penalty towards DEQ-approved projects — known as supplemental environmental projects — that provide air quality benefits to the surrounding community. The final penalty was reduced from $2.1 million after Malarkey demonstrated fewer avoided costs from the violation.

“Supplemental environmental projects are a critical remedy for the communities harmed by environmental violations,” said Kieran O’Donnell, DEQ Office of Compliance and Enforcement Manager. “This agreement puts Malarkey on track for compliance and gives the company the opportunity to engage with the surrounding community to rectify the violations.”

If the company is not able to identify projects that meet DEQ requirements, it must pay the remaining 1.16 million penalty to the State. Learn more about supplemental environmental projects at https://ordeq.org/sep.

Read the full settlement agreement.

Media contact: Lauren Wirtis, Public Affairs Specialist, 503-568-3295, lauren.wirtis@deq.state.or.us