violations

FAA Proposes $120,000 Civil Penalty Against UPS

The Bullet:

The U.S. Department of Transportation’s Federal Aviation Administration (FAA) proposes a $120,000 civil penalty against UPS, Inc., of Atlanta, GA, for allegedly violating the Hazardous Materials Regulations.

The FAA alleges that UPS, performing a shipper function, knowingly offered a shipment containing lithium batteries to the company’s UPS Airlines for transportation by air from Ontario, CA, to Louisville, KY, on Nov. 15, 2018.

Read the FAA press release of January 24, 2020

Who:
  • The Federal Aviation Administration (FAA) is one of thirteen (13) administrations and bureaus within the U.S. Department of Transportation (USDOT).
    • FAA contact: Allen Kenitzer / 206-231-2035 / allen.kenitzer@faa.gov
  • United Parcel Service (UPS) is an American multinational package delivery and supply chain management company.  Its headquarters are in Atlanta, GA

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
What:
  • The FAA alleges the shipment of lithium batteries violated the following regulations of the HMR:
    • Shipment of lithium batteries was not properly packaged.
    • Shipment was not accompanied by a Shipper’s Declaration for Dangerous Goods, and was not properly described, marked or labeled to indicate the hazardous nature of its contents.
    • The FAA also alleges UPS failed to include emergency response information with the shipment.
  • Employees at the UPS facility in Louisville examined the contents of the shipment and discovered that it contained multiple loosely packed lithium batteries which had no protection from short circuit, were damaged, and several of which were in a reactive state, the FAA alleges.
Where:
  • Consignment was offered for transport in Ontario, CA.  For delivery to the UPS facility in Louisville, KY.
When:
  • Consignment of lithium batteries was offered for transport on November 15, 2018.
  • FAA press release: January 24, 2020
  • UPS has 30 days after receiving the FAA’s enforcement letter to respond to the agency.
Why:

Lithium ion (and lithium metal) batteries that are damaged, defective and likely to generate a dangerous evolution of heat are forbidden for air transportation on cargo and passenger carrying aircraft.

How:

The FAA does not create the Hazardous Materials Regulations – that’s the job of another administration within the USDOT: the Pipeline and Hazardous Materials Safety Administration (PHMSA) – but it does enforce the HMR when a hazardous material is transported by air.

Contact me the next time your USDOT, IATA (air), or IMO (vessel) training is due to expire.
Conclusion:

Even big companies make mistakes.  Another reason why the person who offers a HazMat for transportation (the shipper) should not rely on the carrier to ensure compliance with the regulations.  Only knowledge of the regulations and the biennial training required by IATA (USDOT/PHMSA requires training every three years) can keep your company from facing civil penalties like the one now faced by UPS.

FAQ: What are the Penalties for non-Compliance with the USDOT Regulations in 2019?

FAQ: What are the Penalties for non-Compliance with the USDOT Regulations in 2019?

Like any decent regulatory agency the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) issues monetary penalties for violations of its Hazardous Materials Regulations (HMR). And wouldn’t you know it, USDOT/PHMSA adjusts those penalties to keep pace with inflation. Below are the increased penalty amounts for 2019:

Note: all penalties are assessed per violation, per day.

  • Maximum civil penalty for a violation of the HMR: $78,976. An increase from $78,376 in 2018.
  • If the violation results in death, serious illness, severe injury, or substantial property damage:  $186,610.  An increase from $182,887 in 2018.
  • The minimum penalty for a violation related to HazMat Employee training:  $481.  An increase for $10 from $471 in 2018.

Remember, those amounts can be assessed separately for each day that each violation exists.

I’m sure you’ve been in a situation where someone has told you that the company can’t afford HazMat Employee training.  Looking at the above amounts I’d say it’s more correct to say the company can’t afford not to have HazMat Employee training.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

North Slope Borough Settles With EPA for Hazardous Waste Violations

The Bullet:

The U.S. Environmental Protection Agency and the North Slope Borough, Alaska have reached a settlement that resolves alleged violations of hazardous waste requirements under the Resource Conservation and Recovery Act.

North Slope Borough Settles With EPA for Hazardous Waste Violations

Who:

The North Slope Borough – the equivalent of most other state’s “county” – in the U.S. state of Alaska.

USEPA Region 10 with its headquarters in Seattle, WA.

USEPA contact: Judy Smith, 503-326-6994, smith.judy@epa.gov

What:

USEPA alleges the following violations by the North Slope Borough:

  • Failure to complete the hazardous waste determination on at least five separate wastestreams.
  • Stored more than 45,000 pounds of hazardous waste for greater than 90 days without the required permit.

EPA and the North Slope Borough have signed a Consent Agreement and Final Order.  As part of this agreement, the North Slope Borough will pay a $445,336 penalty.

The drums and containers of hazardous waste have been removed from the site.

When:

Violations occurred from 2012 – 2014

Announced by USEPA July 30, 2015

Where:

North Slope Borough is located largely in the North Slope region of Alaska.  The subject hazardous waste was generated at the South Pad facility located on Nunavaaq Street in Barrow, Alaska.

Why:

Ed Kowalski, Director of EPA Region 10’s Office of Compliance and Enforcement:

Performing timely and accurate hazardous waste determinations is a keystone of the RCRA program.  Waste must be evaluated by the generator so that it can be safely managed and to prevent releases that endanger human health and the environment.

Obtaining a RCRA permit prior to operating a storage facility is a critical requirement of the RCRA program. The permitting process insures that hazardous waste storage facilities are operated to prevent harm to the environment or human health. Circumventing that process can lead to dangerously poor waste management.

How:

Since Alaska lacks an authorized hazardous waste program, the Federal hazardous waste regulations apply in that state as they do in Iowa and Puerto Rico.

A Borough, just like a county, city, state, or even Federal government or division of government is subject to the hazardous waste regulations of the Resource Conservation and Recovery Act and to the fines or penalties that may be imposed if violations of the regulations are found or alleged.

Summary:

A huge penalty – not a fine – was paid by this relatively small local government.  I can only imagine that this represented a significant hit to their budget, perhaps for years to come.  Though lack of Hazardous Waste Personnel Training was not cited as an issue here, I can’t help but believe that good training – my training – would have identified these issues and given the administrators of the North Slope Borough the information and the tools they would need to fix the problem.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please don’t hesitate to contact me, whatever your question, regarding the cradle-to-grave management of hazardous waste.  I’ll travel anywhere in the country to provide Onsite Training or we can make it easy with a Webinar.

 

Hazardous Waste Container not Labeled = RCRA Violation for Delaware Body Shop

The Bullet:

It does not appear that any fines were issued, but a simple violation of the state hazardous waste regulations could have been avoided with a little knowledge.Delaware Department of Natural Resources and Environmental Control

Who:

Enforcement Agency:  Delaware Department of Natural Resources and Environmental Control (DNREC)

DNREC Contact: Davis, William B

Violator: Brandywine Body Shop

What:

Enforcement Number: 2014-11975 Program: Solid & Hazardous Waste

Where:
Brandywine Body Shop
1325 Newport Gap Pike
Wilmington DE
When:

Date violation discovered: 08/19/2014

Date corrected: 08/19/2014

Date notice of violation served: 11/28/2014

 

Why:

Containers of hazardous waste were not marked with the words “Hazardous Waste” or with other words that identify the contents of the containers.

How:

As a state with an authorized hazardous waste program, Delaware may conduct RCRA compliance inspections of businesses within its borders and issue violations and fines for non-compliance.

Conclusion:

Something as simple as failing to label a hazardous waste container resulted in a violation for this business.  If you don’t have the time or resources for my Onsite Training or for one of my Training Seminars, consider the low-cost and quick alternative to formal training that will bring you into compliance:  Webinar Training.

Daniels Training Services815.821.1550Info@DanielsTraining.comhttps://www.danielstraining.com/

 

MassDEP Enforces the Massachusetts Landfill Ban With 98 Notices of Non-Compliance in the Past Year

Even those states without authorized hazardous waste programs under RCRA (Iowa, Alaska, & Puerto Rico) are responsible for the management of non-hazardous solid waste within their state.  While regulations for hazardous waste find their authority in Subtitle C of the Resource Conservation and Recovery Act, non-hazardous wastes are addressed in Subtitle D of RCRA.  It’s in Subtitle D that the USEPA delegates the management of non-hazardous waste to each state.  I have found that the states take a myriad of approaches to the management of non-hazardous waste and in this article we will read of how Massachusetts is enforcing its ban from landfill disposal for certain recyclable materials. (more…)

Company to Pay More Than $93,000 Over Claims of Illegal Dumping of Construction Waste at Methuen Site

BOSTON — A waste hauling firm based in Essex will pay more than $93,000 to settle claims that it illegally dumped multiple loads of construction and demolition waste at an unpermitted site in Methuen, Attorney General Martha Coakley announced today.

According to the complaint, entered Wednesday along with the consent judgment in Suffolk Superior Court, Dynamic Waste Systems, Inc. violated the state’s solid waste disposal laws by dumping more than 115 loads of construction and demolition waste, including concrete, brick, and stone, at the site over a period of 70 days.

“We will vigorously pursue those who fail to follow the Commonwealth’s solid waste laws and regulatory requirements,” AG Coakley said. “This settlement sends a strong message that haulers who improperly dispose of waste will be forced to clean up illegal dumping grounds.”

According to the complaint, Thomas Battye, the owner of the Methuen site, never applied for or received an assignment to operate a solid waste facility from the Methuen Board of Health or a solid waste management facility permit from the Massachusetts Department of Environmental Protection (MassDEP).

“Illegal dumping of solid waste undermines the protection of the Commonwealth’s natural resources, and it won’t be tolerated,” said MassDEP Commissioner Kenneth Kimmell. “Disposal of materials must be done at properly approved or permitted facilities without exception.”

The consent judgment requires that Dynamic Waste Systems pay a total of $90,000 into a special fund established by the Commonwealth to help with the cost of site evaluation and subsequent cleanup work at the Battye site. Under the judgment, Dynamic will also pay a $3,750 civil penalty.

Battye is the subject of a separate, pending action brought by the Commonwealth related to solid waste violations at the Methuen site. The AG’s Office is also pursuing claims against additional waste haulers and demolition contractors who dumped or contracted for solid waste disposal at the Battye site.

Assistant Attorney General Matthew Ireland of AG Coakley’s Environmental Protection Division handled the case, with assistance from MassDEP Environmental Analysts Mark Fairbrother, John MacAuley and Karen Goldensmith, and MassDEP attorneys Jeanne Argento and Colleen McConnell, all from MassDEP’s Northeast Regional Office.

Even though the waste in question was not a hazardous waste, the potential remains for significant fines if the state’s regulations are violated.  The regulations of both the USEPA and MassDEP identify a solid waste as any discarded material that is not excluded from regulation (eg. due to recycling).  Some solid waste may also be a hazardous waste if they are either identified as a listed hazardous waste and/or exhibit a characteristic of a hazardous waste (ignitability, corrosivity, reactivity, or toxicity).  If not listed nor characteristic, or an exclusion applies, then the waste remains a non-hazardous solid waste.

Conducting a hazardous waste determination for all of your solid waste is one of your primary responsibilities.  If only a solid waste, you must still comply with the regulations of your State and the USEPA under Subtitle D of the Resource Conservation and Recovery Act (RCRA).

Please don’t hesitate to contact me with any questions about the management of solid waste, hazardous waste, used oil, or universal waste in Massachusetts or anywhere in the US.

R SQUARED CIRCUITS INC. AGREES TO PAY $75,000 TO SETTLE HAZARDOUS WASTE VIOLATIONS

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.

MPCA completes 63 enforcement cases in third quarter of 2013

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.

Joint Base Elmendorf-Richardson settles with EPA for hazardous waste law violations

09/18/2013

(Seattle—Sept 18, 2013) Joint Base Elmendorf-Richardson in Anchorage failed to comply with federal hazardous waste management laws and has agreed to pay a fine to resolve the violations, according to a settlement with the U.S. Environmental Protection Agency. The base has taken action to correct the violations and will pay a fine of over $21,000.

“Careful hazardous waste management protects human lives and the environment, and it also prevents the public from having to fund costly cleanup operations,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit at the EPA Seattle office. “Facilities have to inspect hazardous waste storage and keep staff up to date on training to prevent incidents.”

The facility generates and stores hazardous waste from vehicles, aircraft and other facility maintenance. This includes acids, contaminated soils, batteries, PCB wastes, solvents, used oil and pesticides.

EPA inspections found a series of violations from 2010-2011, including

  1. Failure to conduct weekly inspections of hazardous waste facilities and containers for leakage or deterioration;
  2. Failure to ensure staff participated in annual hazardous waste management training; and
  3. Failure to submit hazardous waste tracking reports.

The violations occurred under the Resource Conservation and Recovery Act.

Hazardous waste personnel training required for large quantity generators of hazardous waste at 40 CFR 262.34(a)(4) and explained in 40
CFR 265.16 would have prevented these violations from happening.

Contact me to provide you with high-quality hazardous waste personnel training (aka: RCRA Training) before you become the subject of a news release like this one.

 

Environmental Enterprises cited for 22 violations after worker dies from burns suffered at Cincinnati hazardous waste treatment facility

US Labor Department’s OSHA places company in severe violator enforcement program

CINCINNATI – Environmental Enterprises Inc. has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration with 22 safety and health violations after a fire and explosion occurred at the Cincinnati waste treatment facility on Dec. 28. Two employees were severely burned by the fire, one fatally.

“Environmental Enterprises demonstrated a complete disregard for employee’s safety and health by failing to recognize and train employees on potentially dangerous interactions between materials being handled and tools in use,” said Bill Wilkerson, OSHA’s area director for its Cincinnati office. “Even after this tragic explosion, the company failed to immediately address procedures and ensure employees knew how to use appropriate personal protective equipment and properly handle hazardous waste such as sodium chlorate. OSHA is committed to protecting workers on the job, and educating employers about safety and health regulations.” (more…)