BOSTON – The Massachusetts Department of Environmental Protection (MassDEP) assessed a $7,250 penalty to the New England Laborers Training Academy (NELTA) to settle environmental violations resulting from a 1,000-gallon diesel fuel spill at its facility on East Street in Hopkinton.

On Sept. 21, 2011, the Hopkinton Fire Department notified MassDEP of a diesel fuel release that surfaced in a basement sump pump, causing fuel odors inside an Academy building. NELTA personnel conducted inventory reconciliation of the building’s fuel usage and estimated that 1,000 gallons of fuel was lost during an incident dating back to April 2011 that was never reported to MassDEP nor assessed and cleaned up. Failure to timely notify and immediately assess and abate the release of the heating oil resulted in contamination to soils, groundwater and odor impacts within the building five months later.

As part of a consent order, NELTA was assessed the $7,250 penalty and worked with MassDEP staff to revise its spill contingency and material management plans. As part of the agreement, NELTA was required to pay $3,750 of the assessed penalty to the Commonwealth. The organization also agreed to spend the remaining $3,500 penalty on a Supplemental Environmental Project that will help to purchase emergency equipment for the Hopkinton Fire Department.

“Immediate response actions and timely spill notification are critical to prevent greater environmental damage and cost,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “NELTA has improved its business practices to prevent a recurrence of this chain of events, which cost the Academy significantly more than it would have to address the spill appropriately in the first place.”

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills and the preservation of wetlands and coastal resources.

Another thing to consider with all of the above is the fact that many of the RCRA hazardous waste regulations pertaining to generator treatment and management of hazardous waste are suspended during the immediate response to a spill or release of a hazardous waste or what could be a hazardous waste.  That suspension ends, however, whenever it is deemed that the “immediate” response is complete.  Any spill residue that is not promptly cleaned up could be considered to be discarded by being abandoned pursuant to 40 CFR 261.2(b) and therefore subject to determination as a hazardous waste.  If either a listed or characteristic hazardous waste, it would be subject to full regulation under RCRA for on-site disposal.

Contact me to learn more about the RCRA hazardous waste regulations of the USEPA or your State.

Company Ignored Agency Warning and Repeated Violation

WILLIAMSPORT — The Department of Environmental Protection today announced that it has fined Welded Construction LP of Perrysburg, Ohio, $12,000 for illegally burning wood mats on two occasions in August at its facility in Wolf Township, Lycoming County.

“We told company officials that the open burning of wood waste is a violation of Pennsylvania’s Solid Waste Management Act during our first complaint investigation,” DEP North-central Regional Director Marcus Kohl said. “Yet just eight days later, DEP inspectors caught the company doing the exact same thing.”

Kohl added that it is the responsibility of out-of-state companies to become familiar with Pennsylvania’s environmental laws and regulations to avoid enforcement action, including fines, which may be taken by the department when violations are documented.

“These mats should have been beneficially reused, or taken to a permitted landfill for proper disposal,” Kohl said.

A follow-up inspection conducted by the department in early September confirmed that all violations had been corrected.

The mats – made from hardwood timbers bound together by metal bolts and pins –are used to prevent destruction of land during the movement of heavy equipment in areas of soft ground, wetlands or streams.

You may think that open burning would be a violation of a state’s air regulations, and not its solid waste regulations, as is indicated here.  In fact, the open burning of waste, both hazardous and non-hazardous, was one of the original goals of the Resource Conservation and Recovery Act (RCRA) passed in 1976, codified as Federal regulations of the USEPA beginning in 1980, and adopted or incorporated into state regulations by most states (all but Iowa, Alaska, and Puerto Rico) throughout the 1980s.  Read more about it here:  The History of the Resource Conservation and Recovery Act.

Contact me to schedule training that will ensure compliance with the regulations of the USEPA and your state.

For more information, visit www.dep.state.pa.us or call 570-327-3653.

KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., company pleaded guilty in federal court today to illegally transporting hazardous waste.

Z-Group, LLC, is a Kansas company registered to do business in Missouri. Company president Friedrich-Wilhelm Zschietzschmann represented the company in court today to plead guilty before U.S. District Judge Brian C. Wimes to illegally transporting hazardous waste.

Zschietzschmann was also the president and CEO of Z-International, Inc., which specialized in the labeling industry.  Z-International used large quantities of ink and ink-related products in its business, making labels for numerous companies all over the world.  Z-International was located at 110 East 16th Street, Kansas City, Mo. Z-Group was established in 2001 by Zschietzschmann to serve as owner of real estate where Z-International operated its business.

Z-International was closed by Zschietzschmann in July 2010.  Any assets or fixtures remaining on the property after the business closed were sold or otherwise disposed of by a Z-International employee.

Between July 2010 and April 2012, the company authorized personnel to hire others to transport hazardous waste to a separate location. Z-International employees authorized the transportation of 23 containers of varying sizes that contained liquid hazardous waste to Studer Container Service, 520 Madison Ave., Kansas City, Mo. Studer did not have a permit to receive hazardous waste.

In April 2012, Environmental Protection Agency officials conducted a compliance inspection at Studer.  During the inspection, EPA inspectors found several containers of what appeared to be hazardous materials.

On June 28, 2012, EPA began its sampling and clean-up operation. On Dec. 21, 2012, the EPA National Enforcement Investigations Center provided analytical results for 38 samples collected from the containers dumped at Studer. Five of the samples tested positive for ignitability and two of the samples tested positive for toxicity.

The EPA Superfund Program cleaned up the hazardous waste at Studer to eliminate possible adverse effects on human health and environment. The total EPA Superfund cost was $36,871.

Under the terms of today’s plea agreement, Z-Group must pay a $50,000 fine and $36,871 in restitution, for a total payment of $86,871. The company is also subject to up to five years of probation. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Jane Pansing Brown. It was investigated by the Environmental Protection Agency, Criminal Investigation Division.

Read the full release here.

The Resource Conservation and Recovery Act (RCRA) and the regulations based upon it (both USEPA and State) mandate “cradle-to-grave” responsibility for all hazardous waste.  The RCRA regulations, however, only apply to active hazardous waste sites.  The regulations of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and its amendments, collectively known as “Superfund”, have the authority to clean up closed or abandoned sites that are contaminated with Hazardous Substances, which is the case here.  Either way, it is the generator of the hazardous waste that will be held responsible for the clean-up costs.

Contact me with questions about disposal options for your hazardous waste and to ensure you receive the best training that will help you to avoid situations such as this.

The Dangerous Goods Regulations of the International Air Transportation Association (IATA) are the standards used by most of the airline industry throughout the world.  If you intend to ship hazardous materials (aka: Dangerous Goods), either domestically (within the US) or internationally by air, you will likely be required to comply with the IATA DGR.  A challenge to compliance is that it is updated annually; therefore the 54th Edition, in use in 2013, is no longer acceptable for compliance in 2014.  So, throw out your 2013 version of the International Air Transportation Association Dangerous Goods Regulations and replace it with the 55th Edition.  Each new Edition includes changes from the previous, and it is up to you to ensure you are in compliance with the latest Edition.  The purpose of this article is to summarize the main changes to the 2014 IATA DGR and direct you to a more thorough evaluation of the changes. (more…)

SACRAMENTO, CA – R Squared Circuits, Inc., a company that formerly manufactured printed circuit boards in Folsom, CA.,will pay $75,000 to settle violations of hazardous waste laws, the
Department of Toxic Substances Control (DTSC) announced today.

“Hazardous waste generators must meet safety standards, including training their employees, documenting their operations, and obtaining required permits before treating hazardous waste,” said Paul Kewin, Division Chief for DTSC’s Enforcement and Emergency Response Program.  “This settlement demonstrates the department’s continuing efforts to uphold compliance with existing environmental law, especially when a violator shows signs of leaving the jurisdiction and escaping accountability.”

R Squared Circuits discontinued operations in California and closed its facility on December 16, 2011, declaring that it did not have the financial resources to pay the full penalty determined by
DTSC.

The Stipulation for Entry of Final Judgment on Consent (Stipulation) filed by the California Attorney General’s Office on behalf of DTSC, secures injunctive relief and requires that R Squared Circuits pay an initial payment of $75,000 to DTSC. An additional amount of $25,000 has to be paid to the DTSC if R Squared Circuits violates injunctive provisions set forth in the stipulation.

A Complaint filed in Sacramento County Superior Court lists 11 causes of action, including:
 Treating of hazardous waste without permit or authorization.
 Failure to maintain operating records for hazardous waste treatment systems.
 Failure to develop a training plan.
 Failure to maintain employee training records.
 Absence of integrity assessments for treatment tanks.
 Absence of daily tank inspection records.
 Absence of hazardous waste labels on treatment tanks.
 Absence of waste analysis plan.
 Absence of phase I Environmental Assessment.
 Absence of Permit by Rule (PBR) authorization from the Sacramento County Environmental Management Department for the waste water treatment unit and illegal storage of hazardous waste.
 Failure to maintain and test fire protection equipment, spill control equipment and decontamination equipment to assure their proper operation in time of emergency.

FOR GENERAL INQUIRIES: Contact the Department of Toxic Substances Control by phone at (800) 728-6942 or visit www.dtsc.ca.gov. To report illegal handling, discharge, or disposal of hazardous waste, call the Waste Alert Hotline at (800) 698-6942.

Read the entire news release here.

Though California’s regulations differ from those of the rest of the nation in many ways, there is nothing unfamiliar about this facility’s hazardous waste violations.  Note the double-hit for not having a training plan and then not documenting the training properly.  Proper documentation of the training you’ve completed is a big issue and one I stress during my Onsite Training as w ell as Seminars and Webinars.

Please don’t hesitate to contact me for all of your Hazardous Waste (RCRA) and HazMat Employee (USDOT) training needs.

A pdf of the DTSC news release.

More about Electro-Forming Company, Inc.’s compliance history with California Department of Toxic Substances Control

RICHMOND — A metal plating company housing large amounts of hazardous chemicals must clean up its property within 30 days, a Contra Costa County Superior Court judge ruled Tuesday.

The ruling followed a request for a temporary restraining order by the state’s Department of Toxic Substances Control to force Electro-Forming and its owners to immediately remove hazardous waste from their property on Nevin Avenue.

Department officials said they sought the court order to force compliance after repeated failings by the company.

“We have made several visits to the site,” DTSC spokeswoman Tamma Adamek said. “It was clear we are dealing with a bad actor.”

In March, investigators searched the site and discovered several problems, including cyanide drums being stored near other acids that, if mixed with cyanide, could produce a deadly gas, according to court papers.

The business is at 130 Nevin Ave., nestled among apartment buildings, single-family homes, parks and several community gardens.

The owners are identified in court papers as Marion Patigler, the estate of Gerhard Patigler, and the estate of Ingrid Patigler. The Department of Toxic Substances Control also alleged that Electro-Forming has illegally stored, treated and disposed of hazardous waste, in addition to improperly storing volatile wastes next to each other.

On Tuesday afternoon, several workers wearing masks and coveralls were seen rummaging through bins and drums at the site. A man who declined to give his name said the owner was not present and took a message.

The temporary restraining order includes strict compliance deadlines and requires Electro-Forming to immediately hire an authorized contractor to remove hazardous waste stored in various drums, containers and a 6,900-gallon “Baker tank” that Electro-Forming was allegedly using to illegally store plating waste that contains hazardous levels of cyanide and metals, according to a department news release.

If Electro-Forming fails to meet deadlines set for the removal work, the temporary restraining order also authorizes DTSC to complete the removal and recover its costs.

Richmond has beefed up its Code Enforcement Unit in recent years and even sued one of its own council members, Corky Boozé, to force him to clean up a property he runs that is littered with old cars, boats and other industrial supplies.

Boozé, who denies that his property is a public nuisance, on Wednesday slammed the city for not addressing what he called a “flagrant” violation of city codes and hazardous chemical storage at Electro-Forming, which he noted is in a residential neighborhood.

“There are real health hazards all over the city, in communities with children, and we don’t do anything about it because we spend tax dollars and staff time investigating my properties,” Boozé said.

Code Enforcement Director Tim Higares and City Manager Bill Lindsay did not respond to requests for comment.

Chad Davisson, the city’s wastewater management officer, said his inspectors confirmed that Electro-Forming had no connection to the city’s sewer line and that the city knew DTSC was investigating the site.

Contact Robert Rogers at 510-262-2726. Follow him at Twitter.com/SFBaynewsrogers.

St. Paul, Minn. – In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency concluded 63 enforcement cases in 39 counties throughout Minnesota during the third quarter of 2013.

Penalties from all 63 cases totaled just over $577,000.  About 45% of that total will be spent toward the completion of two supplemental environmental projects.  Vonco V of Duluth will spend $240,000 to remove hazardous materials, demolish buildings, dispose of building materials, and conduct site-restoration activities at what could amount to about 20 blighted properties in Duluth.  The Hibbing Public Utilities Commission will spend $17,250 on improvements to its facilities to reduce dust emissions.

Imposing monetary penalties is only part of the MPCA’s enforcement process.  Agency staff continue to provide assistance, support, and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.

The following is a brief summary of all 63 cases completed during the third quarter of 2013:

• Vonco V LLC/Victory & Vision Properties LLC, Duluth, for air quality and solid waste violations – $300,000 (this includes $240,000 toward a supplemental environmental project)
• Hibbing Public Utilities Commission, Hibbing, for air quality violations – $34,500 (this includes $17,250 toward a supplemental environmental project)
• Specialty Minerals, Inc., International Falls, for air quality violations – $24,000
• Minnesota Department of Transportation, Princeton, for stormwater violations – $13,750
• Vermillion Fuel, Tower, for above ground storage tank violations – $9,018
• Hoyt Lakes wastewater treatment plant, Hoyt Lakes, for water quality violations – $8,950
• St. Cloud Hospital, St. Cloud, for hazardous waste violations – $7,250
• Ferrell Co., Annandale, for above ground storage tank violations – $7,040
• Henkemeyer Demolition Landfill, Sauk Rapids, for solid waste violations – $7,000
• Chet’s Plumbing, Menahga, for individual septic treatment system violations – $6,235
• Eckert Farm Supply, Gibbon, for solid waste violations – $6,149
• Roy Winjum, dba RAW Construction Co., Faribault, for individual septic treatment system violations – $5,394
• Beaver Bay wastewater treatment plant, Beaver Bay, for water quality violations – $5,322
• Micom Corp., New Brighton, for water quality violations – $5,218
• Kurt and Beckie Kronebusch, Plainview, for air quality and solid waste violations – $5,000
• City of Rochester, Rochester, for stormwater violations – $4,800
• Geislinger and Sons, Inc., Rochester, for stormwater violations – $4,800
• Clearwater Forest LLC, South Haven, for water quality violations – $4,700
• Lyle’s Used Trucks & Truck Parts, Bemidji, for stormwater violations – $4,700
• Manion Lumber & Truss, Inc., Pillager, for water quality violations – $4,700
• Elgin Milk Service, Inc., Elgin, for hazardous waste violations – $4,300
• Houston County Airport, Caledonia, for water quality violations – $4,300
• Kockelman Construction, Canby, for solid waste violations – $4,225
• X-cel Optical Co., Sauk Rapids, for hazardous waste violations – $4,200
• Lake County Gravel Pits, Two Harbors, for water quality violations – $4,190
• ConAgra Flour Mill, Hastings, for air quality violations – $4,150
• Stier Trucking LLC, Belle Plaine, for solid and hazardous waste violations – $4,100
• Kimmes Bauer Well Drilling & Irrigation, Blooming Prairie, for water quality violations – $4,000
• American Artstone Co., New Ulm, for stormwater violations – $3,900
• Bergh’s Fabricating, Inc., Willmar, for stormwater violations – $3,900
• Jarraff Industries, St. Peter, for stormwater violations – $3,900
• Meeker County Transfer Station, Litchfield, for stormwater violations – $3,900
• Brannt-Valley Excavating, Winona, for water quality violations – $3,900
• Wausau Paper Mill LLC, Brainerd, for hazardous waste violations – $3,850
• Scott Verhelst, Canby, for solid waste violations – $3,737
• Nashwauk wastewater treatment plant, Nashwauk, for water quality violations – $3,691
• J-n-J’s Recycling, Inc., Mora, for hazardous waste violations – $3,350
• Michael Gross, dba Lacey Rentals, Inc., Brandon, S.D., for individual septic treatment system violations – $3,325
• Richard Serocki, dba Serocki Excavating, Inc., Browns Valley, for individual septic treatment system violations – $3,000
• Great Lakes Aquarium of Lake Superior, Duluth, for water quality violations – $3,000
• Dean Ristow Property Services LLC, Mora, for hazardous waste violations – $2,750
• Randy’s Auto Body & Glass, Redwood Falls, for solid and hazardous waste violations – $2,650
• Rudy Bjerga Construction, Staples, for solid waste violations – $2,640
• SMI & Hydraulics, Inc., Porter, for hazardous waste violations – $2,600
• Lee Hanson, dba Serocki Excavating, Inc., Browns Valley, for individual septic treatment system violations – $2,593
• Cirrus Design Corp., Duluth, for hazardous waste violations – $2,147
• Red Wing Cabinetry, Red Wing, for air quality violations – $1,725
• McKay Lincoln Mercury, Inc., Coon Rapids, for air quality violations – $1,687
• Pauline Brannan, Kasson, for solid waste violations – $1,625
• Affordable Pumping Service, Inc., Litchfield, for individual septic treatment system violations – $1,618
• Renetta Swanson, Dunnell, for air quality and solid waste violations – $1,300
• Kandi-Lake Excavating, Inc., Lake Lillian, for individual septic treatment system violations – $1,100
• Precision Septic Service, Alden, for asbestos violations – $1,000
• Carlson Finishers, Trimont, for feedlot violations – $1,000
• Roger Matejka Farm, Sherburn, for feedlot violations – $1,000
• Scott & Lavonne Hipp, Henderson, for solid waste violations – $1,000
• Lowell Heiderscheidt, dba Heiderscheidt Construction, Sleepy Eye, for solid waste violations – $875
• Anderson Repair, Frost, for solid waste violations – $575
• AEHC LLC, dba Suite Liv’n, Willmar, for asbestos violations – $500
• Altmann Family Pork, Inc., New Ulm, for feedlot violations – $500
• Gerald Hohlen, dba Hohlen Excavating & Sewer, Bock, for individual septic treatment system violations – $500
• Supreme Pork, Inc., Lake Benton, for feedlot violations – $500
• Bishop Excavating, Blooming Prairie, for asbestos violations – $350

That comes to a total of $371,323 combined for violations of hazardous waste and solid waste regulations, in Minnesota, in third quarter of 2013 alone.  No matter what state you conduct business, if it has an authorized hazardous waste program (and every state but Iowa, Alaska, and Puerto Rico does), then your state regulatory agency will be looking for violations like these and can issue fines of this amount or even more.  The best way to avoid any violations related to the management of solid waste or hazardous waste is to utilize a training service, like mine, to not only bring you into compliance with the training requirements of the Resource Conservation and Recovery Act (RCRA) but to teach you what you need to know about all aspects of compliance with state and Federal hazardous waste regulations.  Contact me to schedule initial and annual training for your Hazardous Waste Personnel.

A complete summary of environmental enforcement actions and news releases can be found on the MPCA’s News Media Center Web page.  For questions on specific enforcement cases, please contact Stephen Mikkelson, Information Officer at (218) 316-3887, or toll free at (800) 657-3864.

The regulations of the Federal Motor Carrier Safety Administration (FMCSA) apply to the motor carrier (employer), driver (employee), and operation of a Commercial Motor Vehicle.  Among the regulations of the FMCSA, at 49 CFR 392 & §396, are those that require the regular, and sometimes documented, inspection of a CMV.  These regulations, like a lot of others, have become shrouded in confusion, resulting in a mistaken belief that a documented pre- and post-trip inspection is required of all CMVs.  The purpose of this article is to explain the requirements for a motor carrier and driver to conduct inspections of a commercial motor vehicle in compliance with the Federal Motor Carrier Safety Regulations (FMCSR). (more…)

Pursuant to the Federal Motor Carrier Safety Regulations (FMCSR) at 49 CFR 393.95, each truck, truck tractor, and bus (except those towed in driveaway-towaway operations) must be equipped with the following:

• Fire extinguishers.
• Spare fuses.
• Warning devices for stopped vehicles.

The purpose of this article is to further explain the requirements and restrictions of the Federal Motor Carrier Safety Administration (FMCSA) regulations for Emergency Equipment on all Power Units at 49 CFR 393.95. (more…)

Release Date: 12/17/2013
Contact Information: Wyn Hornbuckle, U.S. Dept. of Justice, 202-514-5007, wyn.hornbuckle@usdoj.gov Mark MacIntyre, EPA Public Affairs, 206-553-7302, macintyre.mark@epa.gov

(SEATTLE – December 17, 2013) – Oregon Metallurgical of Albany, Ore. and TDY Industries of Millersburg, Ore. have agreed to pay a combined total of $825,000 in civil penalties to resolve alleged violations related to improper storage, transportation, and disposal of anhydrous magnesium chloride, a reactive hazardous waste that can pose serious fire and explosion threats. 

In addition to the penalty, the companies must improve hazardous waste management practices and upgrade recordkeeping on the hazardous wastes generated at each facility to ensure proper management and avoid potential accidents and injuries. 

The government complaint alleges that both companies improperly stored, transported and disposed of anhydrous magnesium chloride waste over a period of several years, in violation of the Resource Conservation and Recovery Act (“RCRA”) which governs the storage, disposal, and transportation of hazardous waste. EPA estimates that the companies illegally shipped approximately 160,000,000 pounds of this hazardous waste to Oregon landfills that were not equipped or permitted to dispose of untreated reactive wastes. 

The facilities produce and process titanium and zirconium, which generates large quantities of anhydrous magnesium chloride as a byproduct. Anhydrous magnesium chloride is a reactive hazardous waste regulated under RCRA. Anhydrous magnesium chloride can react violently when it comes into contact with water, producing large amounts of heat as well as hydrogen and hydrogen sulfide gas in potentially toxic and flammable quantities. 

Mining and mineral processing facilities such as these two facilities generate more toxic and hazardous waste than any other industrial sector. If not properly managed, these wastes pose a high risk to human health and the environment. EPA’s enforcement program will continue to focus on reducing risks associated with hazardous waste operations at mineral processing facilities.

Oregon Metallurgical and TDY Industries are wholly owned subsidiaries of Allegheny Technologies Inc., headquartered in Pittsburgh, Pa. 

The proposed consent decree filed on Friday, December 13, 2013 in Federal District Court for the District of Oregon is subject to a 30-day public comment period and final court approval.

Read the release here.

Wow!  $825K for violations of the RCRA regulations!  What could this facility have done to prevent this?  One thing is they could have contracted with me to provide Onsite Training.  Part of my service with Onsite Training is a walk-through of the facility the day before to prepare for the training, but also to provide guidance on regulatory compliance.  I could have assisted them with something like this.  Or, attendance at one of my Training Seminars would have provided them with the information and the tools necessary comply with the RCRA regulations.  Don’t miss my Training Seminar in Portland, OR on July 24, 2014.  Or, contact me to arrange for  Onsite Training.  Or, call me with a question, I’m glad to help you.