Seattle WA (6/23/2020) – The following summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in March and April of 2020. The concluding legal document(s) typically provide details of the cases and some are included at the end of the case summary. NOTE: Other, larger cases are publicized via stand-alone news releases found on EPA’s website at www.epa.gov.
ALASKA
EPA Settles with Scott Shelley of Portage, Alaska for violations of the Clean Water Act
On April 23, 2020, EPA Region 10 issued a consent agreement and final order to Scott Shelley to resolve Clean Water Act violations that occurred near Portage, Alaska. Shelley agreed to pay a penalty of $18,500 for discharging dredged and fill material below the ordinary high-water mark of the unnamed distributaries of Explorer Creek and an unnamed slough without a permit from the U.S. Army Corps of Engineers. Shelley also agreed in an administrative order on consent to remove certain unauthorized fill material and implement an EPA-approved restoration and mitigation work plan to improve salmon habitat.
IDAHO
EPA Settles with Best Quality M&G Remodeling LLC of Caldwell, Idaho for violations of the Lead Renovation, Repair and Painting Rule
On April 16, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Best Quality M&G Remodeling LLC for a violation of the Lead Renovation, Repair and Painting Rule occurring in Boise. EPA alleged that the company failed to become EPA-certified prior to performing renovation work on a pre-1978 residential property 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 settle and pay a penalty of $1,000.
EPA Settles with Palmetto Contracting Services, LLC of Meridian, Idaho for Violations of the Lead Renovation, Repair and Painting Rule
On April 13, 2020, EPA Region 10 issued a consent agreement and final order to Palmetto Contracting Services, LLC located in Meridian, Idaho, for violations of the Lead Renovation, Repair and Painting (RRP) Rule. EPA alleged that the company failed to become EPA-certified prior to performing renovation work on a pre-1978 residential property, failed to become renovator certified or to hire certified renovators, and failed to utilize standard work practices during renovation work, 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 settle and pay a penalty of $500.
EPA Settles with Litzinger Construction Co. of Boise for Violations of the Lead Renovation, Repair and Painting Rule
On March 9, 2020, EPA Region 10 issued an expedited settlement agreement and final order to Litzinger Construction Co. for violations of the Lead Renovation, Repair and Painting Rule occurring in Boise. EPA alleged that the company failed to become EPA-certified prior to performing renovation work on a pre-1978 residential property 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 settle and pay a penalty of $1,000.
OREGON
EPA Settles Clean Water Act Violations with Oregon Coast Scenic Railroad
On April 23, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Oregon Coast Scenic Railroad. Respondent, a non-profit organization which runs a scenic railroad operation along the Oregon Coast, agreed to pay a penalty of $5,000 for discharging fill material along the Salmonberry River without receiving authorization from the U.S. Army Corps of Engineers. Specifically, the organization placed riprap and other fill material below the ordinary high-water mark of the Salmonberry River in an attempt to repair flood damages to the rail line located along the river. The Salmonberry River provides invaluable habitat to native fish and federally listed salmonid species. The organization has also agreed in an administrative order on consent to develop and implement a riparian enhancement plan for areas along the Nehalem River, a tributary to the Salmonberry River.
WASHINGTON
EPA Resolves Clean Air Act Title II Violations with DDM Imports, Inc. of Airway Heights
On April 15, 2020, EPA Region 10 filed an expedited settlement agreement against DDM Imports, Inc. (DDM) of Airway Heights, Washington for violations of the Clean Air Act that occurred when DDM imported an uncertified motor vehicle on January 3, 2020. DDM imports motor vehicles from Canada for sale in Washington. The violation was identified by U.S. Customs and Border Protection officers located in Eastport, Idaho who referred the violation to EPA. DDM paid a civil penalty of $2,400 and submitted documentation that the vehicle was re-exported back to Canada.
EPA Settles Clean Water Act violations with Americold Logistics, LLC – Burlington
On March 9, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Americold Logistics, LLC – Burlington in Burlington, Washington. The company, which warehouses perishable goods, discharged pollutants to Gage Slough – which flows into the Skagit River – and was found to be operating in violation of the Washington State Department of Ecology’s Industrial Stormwater General Permit. Violations included the failure to document monthly inspections, failure to monitor, and inadequate stormwater pollution prevention plan. The company agreed to pay a penalty of $28,500. Here’s a link to the consent agreement and final order: Americold – Burlington
EPA Settles Clean Water Act violations with Americold Logistics, LLC – Lynden
On March 9, 2020, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Americold Logistics, LLC – Lynden, in Lynden, Washington. The company, which warehouses perishable goods, discharged pollutants to Fishtrap Creek – which flows into the Nooksack River – and was found to be operating in violation of the Washington State Department of Ecology’s Industrial Stormwater General Permit. Violations included the failure to implement corrective action after benchmark exceedances, failure to document monthly inspections, failure to monitor, and inadequate stormwater pollution prevention plan. The company agreed in an administrative compliance order on consent to develop and implement multiple engineering plans that will reduce pollutants from leaving the facility and entering Fishtrap Creek. The company also agreed to pay a penalty of $41,500. Here’s a link to the consent agreement and final order: Americold – Lynden
Contact: Bill Dunbar 206/553-1019
