Case Summaries for Cases with Final Orders … Summaries for Cases with Final Orders Issued/Entered in FY 2010 01 Enforcement Action Identifier Enforcement Action …

Case Summaries for Cases with Final Orders Issued/Entered in FY 2010

01EnforcementAction Identifier

Enforcement Action Name Final OrderDate

Enforcement Action Type

Summary01-2004-0031 AMERICAN PREMIER

UNDERWRITERS INC10/14/2009 Civil Judicial Action

EPA IS SEEKING TO RECOVER APPROXIMATELY $4,000,000 IN COSTS INCURRED DURING THE REMOVAL ACTION, WHICH INVOLVED THE CLEAN UP OFSOILS AND POND SEDIMENT CONTAMINATED WITH CHROMIUM.01-2005-1022 SAINT GOBAIN CONTAINERS

(NC)05/07/2010 Civil Judicial Action

Region 1 case against Saint Gobain's glass container manufacturing facility in Milford, MA referred to DOJ on 8/31/05; part of a multi-regional NSR case against SaintGobain tha is being coordinated by EPA region 10.01-2006-2016 AGGREGATE INDUSTRIES INC 11/10/2009 Civil Judicial ActionThis case involves violations of the Clean Water Act at 23 differenct facilities in Massachusetts and New Hampshire. The violations include: a. Discharfges of process wastewaters to water of the United States without the required NPDES permits. b. Violations of NPDES effluent limits. c. Failure to apply for and have coverage under the October 30, 2000 multi-sector general permit (MSGP) for industrial discharges of storm water to waters of theUnited States. d. Discharges of storm water associated with industrial activity to waters of teh United States without coverage under MSGP. e. Failure to implement conditions at MSGP for their facilities, including: 1. failure to prepare or update storm water pollution prevention plans (SWPPPs) 2. failure to implement storm wate pollution prevention plans. 3. failure to inspect facilities and monitor storm water; and violations of MSGP numerical effluent limits for storm water.01-2007-0001 LOUIS VINAGRO JR 02/22/2010 Civil Judicial ActionLOUIS VINAGRO JR. IS THE OWNER OF THE PROPERTY WHERE CERCLA HAZARDOUS SUBSTANCES WERE RELEASED INTO THE ATMOSPHERE AS ARESULT OF THE COMBUSTION OF WASTE MATERIAL STORED ON THE PROPERTY. EPA PERFORMED THE CLEANUP AND IS SEEKING TO RECOVERCOSTS FROM MR. VINAGRO.01-2007-0508 RED HILL TRUST (BEEDE

WASTE OIL SITE)10/14/2009 Civil Judicial Action

THE REFERRAL FOR COST RECOVERY UNDER CERCLA IS AGAINST 4 PARTIES WHO DECLINED TO PARTICIPATE IN THE GLOBAL RD/RA CONSENTDECREE ALSO REFERRED TO DOJ FOR FILING IN EARLY 200Y. THE UNITED STATES SEEKS ITS UNRECOVERED PAST COSTS ASSOCIATED WITH THEBEEDE SITE.


EnforcementAction Identifier



Summary01-2007-0508 RED HILL TRUST (BEEDE


THE REFERRAL FOR COST RECOVERY UNDER CERCLA IS AGAINST 4 PARTIES WHO DECLINED TO PARTICIPATE IN THE GLOBAL RD/RA CONSENTDECREE ALSO REFERRED TO DOJ FOR FILING IN EARLY 200Y. THE UNITED STATES SEEKS ITS UNRECOVERED PAST COSTS ASSOCIATED WITH THEBEEDE SITE.01-2007-0508 RED HILL TRUST (BEEDE


THE REFERRAL FOR COST RECOVERY UNDER CERCLA IS AGAINST 4 PARTIES WHO DECLINED TO PARTICIPATE IN THE GLOBAL RD/RA CONSENTDECREE ALSO REFERRED TO DOJ FOR FILING IN EARLY 200Y. THE UNITED STATES SEEKS ITS UNRECOVERED PAST COSTS ASSOCIATED WITH THEBEEDE SITE.01-2007-1231 BRADFORD INDUSTRIES 10/13/2009 Civil Judicial ActionThis is a Clean Air Act ("CAA") and Resource Conservation and Recovery ("RCRA") civil judicial referral involving Bradford Industries, Inc. ("Bradford") in Lowell, MA.Bradford's fabric coating facility violated numerous CAA hazardous air pollutant and new source performance standard requirements. Among other things, Bradfordfailed to meet a monthly emission limit, failed to control VOC emissions from mixing equipment, failed to properly monitor/mainain a VOC-controlling thermal oxidizer,and failed to submit various compliance reports and notifications. Regarding RCRA, Bradford's violations primarily involve large quantity generator (LQG) wastehandling standards, but also include the treatment and storage of hazardous wastes without a permit. 01-2009-0512 CARLYLE MANUFACTURING

CO / LUKON INC12/21/2009 Civil Judicial Action

THIS IS AN ABILITY-TO-PAY SETTLEMENT AGAINST CARLYLE MANUFACTURING CO., INC., (f/k/a HEMINGWAY & BARTLETT MANUFACTURING CO. ANDLUKON, INC. LUKON MUST PAY $200,000 AND CARLYLE MUST PAY WHAT IF ANYTHING IT OBTAINS ON ITS CLAIM AGAINST AN INSURANCE COMPANYIN RECEIVERSHIP.01-2009-0517 WALC LIQUIDATING TRUST 12/22/2009 Civil Judicial ActionThis is a referral of a consent decree settling EPA's cost recovery claim. The settlement is based on the defendant's ability to pay. The defendant is a liquidating trustcreated by Weymouth Art Leather Co., Inc. when Weymouth dissolved. EPA believes Weymouth sent approximately 410,000 gallons of hazardous substances to theSite. The settlement requires the liquidating trust to pay approximately $907,000. This money will be used by certain potentially responsible parties to fund thecleanup of the Site. 01-2009-0526 ANDERSON & SONS INC 02/17/2010 Civil Judicial ActionTHIS IS AN ABILITY TO PAY SETTLEMENT WITH ANDERSON & SONS, INC., A MASSACHUSETTS CORPORATION THAT WENT OUT OF BUSINESS IN THE1990s. ANDERSON IS PAYING $73,000 TO RESOLVE ITS CERCLA LIABILITY AT THE SOLVENTS RECOVERY SERVICE OF NEW ENGLAND SUPERFUNDSITE AND OLD SOUTHINGTON LANDFILL SUPERFUND SITE, BOTH IN SOUTHINGTON,CT.01-2009-0527 METHUEN LUBE/BEEDE

WASTE OIL SITE12/28/2009 Civil Judicial Action





SummaryThis Consent Decree settlement is being referred to DOJ for lodging in NH federal court; it's a follow-on settlement to the global Beede RD/RA Consent Decreeentered in federal court on July 22, 2008. The cashout Decree will settle the CERCLA liabilities of 12 parties; 7 on ability-to-pay terms, and 5 on de minimis contributorterms. They will pay a total cash sum of $1,725,435.57 as part of the settlement agreement, which will go to a private trust for performance of the remedy at theBeede site.01-2009-0528 OLD SOUTHINGTON LANDFILL

SUPERFUND SITE11/23/2009 Civil Judicial Action

PURSUANT TO THE TERMS OF THE RD/RA CD A GROUP OF FIVE PARTIES WILL PAY FOR AND PERFORM THE RD/RA AT THE SITE. THE PARTIES ALSOAGREE TO PAY $2.75 MILLION FOR STATE NATURAL RESOURCE DAMAGES AND PAY $537,000 FOR FEDERAL RESOURCE DAMAGES.01-2009-0533 WEST SITE/HOWS CORNER


REFERRAL TO FILE A COMPLAINT AT THE HOWS CORNER SITE. THE COMPLAINT WILL SEEK PAST COSTS AND OTHER RELIEF.01-2009-0539 NVF COMPANY / PARSONS

PAPER MILL SITE10/22/2009 Bankruptcy

BANKRUPTCY REFERRAL01-2009-0541 NOVA DYE & PRINT CORP

SUPERFUND SITE06/10/2010 Access Order

On September 24, 2009, EPA requested that the Department of Justice seek a warrant or an order in aid of access, to authorize EPA's entry onto the Nova Dye &Print Corp. Superfund Site, for the purpose of performing a time-critical removal. EPA previously obtained a warrant for the performance of a preliminary assessment/site investigation. The owner is a corporate entity and agents or officers authorized to act for the corporation are unwilling to grant access or cannot be found. 01-2009-1032 MORRISON - CLARK 03/12/2010 CAA 113D1 Action For PenaltyAdministrative penalty action against Morrison-Clark, Inc., a flooring contractor in S. Barre, VT. Complaint alleges multiple violations of the Asbestos NESHAPregulations and Section 112 of the Clean Air Act and, specifically, that Morrison-Clark failed to comply with notification, work practice, and disposal requirementsduring a renovation involving improper removal of vinyl asbestos floor tile (VAT). The job occurred in July 2008 at the Main Street Middle School in Montpelier, VT.The Complaint is issued under EPA's Rules of Practice (40 C.F.R. Part 22) and seeks up to the statutory maximum penalty of $32,500 per day of violation for each ofthe violations alleged in the Complaint.01-2009-1222 JIDDU / SITTU TRUST 02/08/2010 CAA 113D1 Action For PenaltyPrior to the demolition of buildings at 231 and 235 Pearl Street, Essex Junction, VT to make room for a three-story, 35-unit apartment building, Respondents JIDDU/SIDDU Trust (the owner) and CRC Excavating, LLC (their contractor) failed to thoroughly inspect the buildings for the presence of asbestos, including Category I andCategory II nonfriable ACM. Respondents also failed to provide EPA with prior written notification, in the manner specified by 40 C.F.R. § 61.145(b), of their intentionto demolish the buildings.01-2009-2025 VILLAGE ON THE COMMON 11/30/2009 CWA 309G2B AO For Class II Penalties





SummaryVOTC discharged stormwater from the Site without a permit in July 2007, and failed to implement and/or maintain best management practices at the Site and to havemake stormwater inspection reports available to EPA at the time of an on-site inspection, as required by the Construction General Permit.01-2009-2066 NORTH PROVIDENCE TOWN

OF07/01/2010 CWA 309G2B AO For Class II Penalties

REGION 1 FILED AN ADMINISTRATIVE COMPLAINT ALLEGING THAT NORTH PROVIDENCE, RI VIOLATED SECTION 308 OF THE CLEAN WATER ACT BYFAILING TO PROVIDE CAPACITY, MANAGEMENT, OPERATION AND MAINTENANCE ANNUAL REPORT REQUIRED BY AN EPA ADMINISTRATIVE ORDERAND BY FAILING TO RESPOND TO AN EPA INFORMATION REQUEST REGARDING THE ULTIMATE FATE OF ANY SANITARY SEWER OVERFLOWDISCHARGES THAT OCCURRED IN THE PREVIOUS CALENDAR YEAR. THE COMPLAINT PROPOSES THAT A PENALTY OF UP TO THE STATUTORYMAXIMUM BE ASSESSED AGAINST THE COMPANY FOR THE VIOLATION.01-2009-2512 CONCORD TOWN OF 06/01/2010 CWA 309G2B AO For Class II PenaltiesEPA alleges that the Town of Concord failed to take required measures to detect and eliminate illicit discharges ("IDDE") under EPA s NPDES General Permit forStorm Water Discharges from Small Municipal Separate Storm Sewer Systems ("Small MS4 Permit"). The Permit requires that permittees develop, implement andenforce a program to reduce the discharge of pollutants from municipal separate storm sewer systems to the maximum extent practicable and satisfy the water qualityrequirements of the Clean Water Act ( CWA ) and state water quality standards. This case is part of a comprehensive initiative to promote compliance with the SmallMS4 Permit, and the Permit s IDDE requirement s in particular. Because of the particularly harmful nature of the pollutants in illicit discharges, Region 1 has madeIDDE a priority for Small MS4 enforcement. 01-2009-2519 FALL RIVER CITY OF MA 03/09/2010 CWA 309G2B AO For Class II PenaltiesEPA alleges that the City of Fall River failed to take required measures to detect and eliminate illicit discharges ("IDDE") under EPA s NPDES General Permit forStorm Water Discharges from Small Municipal Separate Storm Sewer Systems ("Small MS4 Permit"). The Permit requires that permittees develop, implement andenforce a program to reduce the discharge of pollutants from municipal separate storm sewer systems to the maximum extent practicable and satisfy the water qualityrequirements of the Clean Water Act ( CWA ) and state water quality standards. This case is part of a comprehensive initiative to promote compliance with the SmallMS4 Permit, and the Permit s IDDE requirement s in particular. Because of the particularly harmful nature of the pollutants in illicit discharges, Region 1 has madeIDDE a priority for Small MS4 enforcement. 01-2009-2520 WINTHROP TOWN OF MA 06/29/2010 CWA 309G2B AO For Class II PenaltiesEPA alleges that the Town of Winthrop failed to take required measures to detect and eliminate illicit discharges ("IDDE") under EPA s NPDES General Permit forStorm Water Discharges from Small Municipal Separate Storm Sewer Systems ("Small MS4 Permit"). The Permit requires that permittees develop, implement andenforce a program to reduce the discharge of pollutants from municipal separate storm sewer systems to the maximum extent practicable and satisfy the water qualityrequirements of the Clean Water Act ( CWA ) and state water quality standards. This case is part of a comprehensive initiative to promote compliance with the SmallMS4 Permit, and the Permit s IDDE requirement s in particular. Because of the particularly harmful nature of the pollutants in illicit discharges, Region 1 has madeIDDE a priority for Small MS4 enforcement. 01-2009-2542 DRAPER ENERGY/ENERGY

NORTH07/12/2010 CWA 311B6B2 AO For Class II Penalty

RESPONDENTS FAILED TO FULLY IMPLEMENT AN SPCC PLAN AND DISCHARGED DIESEL OIL INTO WATERS OF THE U.S.





Summary01-2009-3110 JELLIFF CORPORATION 10/22/2009 EPCRA 325 Action For PenaltyRESPONDENT VIOLATED SECTION 312 OF EPCRA AND 40 C.F.R. PART 370, SUBPART B BY FAILING TO FILE A TIER II FORM FOR CALENDAR YEAR 2006FOR ANHYDROUS AMMONIA, AN EXTREMELY HAZARDOUS SUBSTANCE, AND FUEL OIL.01-2009-3119 SOUSA CORP 03/25/2010 EPCRA 325 Action For PenaltyThe Sousa Corporation violated the reporting requirements set forth in Section 312 of EPCRA and 40 CFR Part 370.01-2009-3501 SUPERIOR PRINTING INK CO

INC10/28/2009 EPCRA 325 Action For Penalty

Respondent violated Section 312 of EPCRA and 40 C.F.R. Part 370, Subpart B by failing to file Tier II forms for three calendar years (2004, 2005 and 2006) for thefollowing hazardous chemicals: sulfuric acid (an extremely hazardous substance under 40 C.F.R. §370.20(b), and lead, contained in forklift batteries; tech white oil;sweet mid distillate; linseed oil; chinawood oil; alkyd; resin; black pigment; red pigment; yellow pigment; blue pigment; drier (mixture); vehicle (mixture); intermediate(mixture); and finished ink (mixture).01-2009-5555 OLD SOUTHINGTON LANDFILL 11/23/2009 Civil Judicial ActionTHE 2009 DE MINIMIS CONSENT WAS ENTERED INTO WITH 89 PARTIES WHO SUBMITTED PAYMENTS TOTALING $4,248,450.68. THIS MONEY WILL BEPAID INTO THE OSL SITE 2009 DE MINIMIS TRUST TO HELP FINANCE STATE AND FEDERAL NATURAL RESOURCES DAMAGES AND TO HELP PAY FORTHE RD/RA CD.01-2009-7002 MICHAEL PERUGINI 05/26/2010 TSCA 16 Action For PenaltyIN SEPTEMBER 2009, REGION I ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST MICHAEL PERUGINI (RESPONDENT) FOR VIOLATIONS OF THE LEAD-BASED PAINT DISCLOSURE REQUIREMENTS UNDER TSCA. THE COMPLAINT ALLEGES THAT THE RESPONDENT FAILED TO COMPLY WITH THE LEAD-BASED PAINT DISCLOSURE RULE WHEN LEASING PROPERTY HE OWNED IN BRISTOL, CONNECTICUT. THE COMPLAINT SEEKS $52,300 IN PENALTIESFOR TWENTY VIOLATIONS.01-2009-7005 PETER FONDINI 04/21/2010 TSCA 16 Action For PenaltyEPA's complaint alleges that the Respondents failed to comply with the Disclosure Rule during the years 2005 through 2007 when they leased multi-unit residentialproperties located in Massachusetts. The complaint seeks $183,620 in penalties. The case came to EPA's attention through a tip provided by the MassachusettsChildhood Lead Poisoning Prevention Program. On November 10, 2008, the Region issued an Administrative complaint against Peter Fondini, Joanne Fondini, Clover Leaf Realty, Inc., Fast Track Realty, LLC, FourPlus LLC, Main Street Realty Corporation, Stonewall Realty, Inc., Timothy P Gorman, Stephen B Matthews Jr., John W Matthews, and Amy Matthews for violations ofthe Lead-Based Paint Disclosure Rule under TSCA. EPAA's complaint alleges that the Respondents failed to comply with the Disclosure Rule during the years 2005through 2007 when they leased multi-unit residential porperties located in Massachusetts. The Complaint seeks $183,620 in penalties. The case came to EPA'sattention through a tip provided by the Massachusetts Childhood Lead Poisoning Prevention Program.01-2009-7009 UNIVERSITY OF BRIDGEPORT 12/17/2009 TSCA 16 Action For Penalty





SummaryAS A RESULT OF INFORMATION PROVIDED BY UB AND INSPECTIONS BY CT DEP, EPA HAS DETERMINED THAT UB VIOLATED SECTION 15 OF TSCAAND THE PCB REGULATIONS AT 40 C.F.R. PART 76 BY IMPROPERLY DISPOSING OF PCBs FROM THE MILFORD HALL AND 85 PARK AVENUETRANSFORMERS THROUGH LEAKAGE OF TRANSFORMER OIL ONTO THE TRANSFORMER CABINETS, THE CONCRETE PADS ON WHICH THETRANSFORMERS STOOD AND/OR THE GROUND SURROUNDING THE PADS. ALSO, UB FAILED TO STORE BOTH TRANSFORMERS IN PROPER PCBSTORAGE AREAS AND TO MARK THE STORAGE AREAS WITH THE ML LABEL, UB FAILED TO MARK EACH TRANSFORMER WITH THEDATE IT WASREMOVED FROM SERVICE. 01-2009-7011 CONNECTICUT TRANSFER

COMPANY LLC08/04/2010 TSCA 16 Action For Penalty

As a result of information provided by Respondent and CT DEP, EPA has determined that Respondent violated Section 15 of TSCA and the PCB regulations byimproperly disposing of PCBs (via spilled/leaking transformer oil from two transformers) and failing to comply with various use, storage and marking requirements forthese transformers (failing to label the PCB Transformer with the ML mark; failing to label PCB storage areas with the ML mark; storing PCB Items for disposal formore than 30 days in areas not meeting PCB storage requirements; failing to date PCB Items when placed for storage for disposal; and storing PCB Items for disposalfor greater than 30 days without an EPA identification number).01-2009-7019 PROPSYS 06/10/2010 TSCA 16 Action For PenaltyAs a result of inspections and information submitted in response to a subpoena, Region 1 has determined that PropSys has violated Section 409 of TSCA, theResidential Lead-Based Paint Hazard Reduction Act of 1992, and the federal regulations implementing these statutory provisions, set forth at 40 C.F.R. Part 745,Subpart F. Specifically, Region 1 has determined that, for 10 lease transactions from 2006 and 2007, PropSys failed to: (1) provide lessees of target housing with alead hazard information pamphlet; (2) disclose to lessees the presence of lead-based paint and/or lead-based paint hazards in the target housing; (3) provide lesseeswith copies of available inspection reports/records related to lead-based paint and/or lead-based paint hazards; (4) include the Lead Warning Statement in the leasecontract; and (5) include in the lease contract a statement by the lessor either disclosing the presence of lead-based paint hazards or indicating no knowledge thereof.01-2009-7020 NATIONAL ENTERPRISES INC /

PARKVIEW APARTMENTS11/18/2009 TSCA 16 Action For Penalty

This case involves violations of the Lead-Based Paint Disclosure Rule under TSCA. National Enterprises, Inc. is a property management firm located in California thatmanages or, at the time of the violations, managed, the Parkview Apartments in Springfield, MA. MA NO. 2, LLC is a Nevada limited liability company that owns or, atthe time of the violations, owned, the Springfield property. EPA s complaint alleges that National Enterprises and MA NO. 2 failed to comply with the Disclosure Rulewhen they leased a number of residential apartment units in 2004 and 2005. The violations alleged in EPA's complaint include, among others, failure to disclose thepresence of known lead-based paint or lead-based paint hazards and to provide records regarding the same as well as failure to provide an EPA-approved leadhazard information pamphlet to tenants before becoming obligated under a lease contract.01-2009-7501 FONDINI PETER AND WALSH

MICHAEL12/15/2009 TSCA 16 Action For Penalty

ON MAY 8, 2009, THE REGION ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST PETER FONDINI AND MICHAEL WALSH FOR VIOLATIONS OF THELEAD-PAINT-DISCLOSURE RULE UNDER TSCA. EPA's COMPLAINT ALLEGES THAT THE RESPONDENTS FAILED TO COMPLY WITH THE DISCLOSURERULE DURING THE YEARS 2005 THROUGH 2006 WHEN THEY LEASED MULTI-UNIT RESIDENTIAL PROPERTIES LOCATED IN RHODE ISLAND.





Summary01-2010-0501 TRIRAM CONNECTICUT LLC 02/08/2010 CWA 311B6B2 AO For Class II PenaltyTRIRAM FAILED TO MAINTAIN AND IMPLEMENT SPCC PLAN.01-2010-0502 SHERWOOD MOTORS / WEST

SITE HOWS CORNER01/06/2010 CERCLA 122h Agrmt For Cost Recovery

ABILITY TO PAY SETTLEMENT FOR SHERWOOD MOTORS AT THE HOWS CORNER SUPERFUND SITE IN PLYMOUTH, MAINE.01-2010-0503 AEROVOX 03/25/2010 CERCLA 106 AO For Resp Action/Imm HazTHE SITE WAS USED FOR ELECTRICAL COMPONENT MANUFACTURING BEGINNING IN 1038 THROUGH 2001. BEGINNING IN THE 1940s, DIELECTRICFLUID CONTAINING PCBs WAS USED IN CAPACITOR MANUFACTURING UNTIL THEY WERE BANNED IN 1978. AEROVOX CORPORATION OWNED ANDOPERATED THE FACILITY FROM 1938 UNTIL JANUARY 1973. OPERATIONS AND DISPOSAL PRACTICES DURING THIS PERIOD CONSTITUTED A RELEASEAND A DISPOSAL OF HAZARDOUS SUBSTANCES THAT CONTRIBUTED TO THE CONTAMINATION OF SOIL, BUILDING MATERIALS AND EQUIPMENT,SURFACE WATER RUNOFF AND GROUNDWATER AT THE SITE. UNDER THE SETTLEMENT, AVX WILL DEMOLISH THE BUILDING AND CAP THE SITE.SUBSEQUENT TO THE NTCRA, AVX WILL UNDERTAKE FURTHER SITE CLEANUP ACTIVITIES, INCLUDING GROUDWATER, PURSUANT TO MGL c.21E.01-2010-0505 PARKER STREET WASTE SITE /

MAP 81/LOT 12604/20/2010 Access Order

EX PARTE WARRANT FOR ACCESS01-2010-0506 PARKER STREET WASTE SITE /





OFFEY04/20/2010 Access Order


CRONIN04/20/2010 Access Order

EX PARTE WARRANT FOR ACCESS01-2010-0513 NAVY YARD MILLS

SUPERFUND SITE04/06/2010 CERCLA 104E5A AO For Access And/Or Info

VIOLATION OF 104(e)COMPLIANCE ORDER.





Summary01-2010-0515 ZENECA INC/WINTHROP

STREET DRUMS SUPERFUNDSITE

05/26/2010 CERCLA 106 AO For Resp Action/Imm Haz

Administrative settlement agreement and order on consent requiring performance of a removal action at the Winthrop Street Drums Site in North Dighton,Massachusetts. The settlement requires three potentially responsible parties (PRPs) identified by EPA, namely, Zeneca Inc., Waste Management Disposal Servicesof Massachusetts, Inc., and the Barbara Gustafson Trust, to complete a removal action which includes, among other things, a geophysical survey to determine theextent of buried drums and contamination at the site, identification of hazardous substances located there, and the removal of known hazardous substances to alicensed off-site disposal facility. EPA estimates the cost of the removal at approximately $1.8million. The settlement also requires PRPs to reimburse EPA for over$93,000 in past costs incurred at the site and to pay all future costs in the event the PRPs fail to complete the clean-up and EPA is required to take over the work.01-2010-0517 GREAT LAKES CONTAINER

CORPORATION06/03/2010 CERCLA 122A/104A Agrmt For RI/FS

ADMINITRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT PURSUANT TO SECTIONS 104, 106, 107, AND 122 OF CERCLA FOR 1)COSTRECOVERY, 2)REMOVAL ACTION AT THE SITE, AND 3)PAYMENT OF EPA OVERSIGHT COSTS.01-2010-0517 GREAT LAKES CONTAINER

CORPORATION06/03/2010 CERCLA 122h Agrmt For Cost Recovery

ADMINITRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT PURSUANT TO SECTIONS 104, 106, 107, AND 122 OF CERCLA FOR 1)COSTRECOVERY, 2)REMOVAL ACTION AT THE SITE, AND 3)PAYMENT OF EPA OVERSIGHT COSTS.01-2010-0518 ZONOLITE / WR GRACE

SUPERFUND SITE05/25/2010 CERCLA 106 AO For Resp Action/Imm Haz

Respondents owned and/or operated a zonolite processing plant in Easthampton, MA. Subsequent to operations ending, EPA learned that there was asbestos in thesoils at the facility and adjacent properties. This administrative settlement provides that the respondents will perform work to clean-up the asbestos-containing soilsand to clean up a small amount of asbestos inside of the plant building. In addition, Respondents have agreed to pay past and future EPA costs.01-2010-0518 ZONOLITE / WR GRACE

SUPERFUND SITE05/25/2010 CERCLA 122h Agrmt For Cost Recovery

Respondents owned and/or operated a zonolite processing plant in Easthampton, MA. Subsequent to operations ending, EPA learned that there was asbestos in thesoils at the facility and adjacent properties. This administrative settlement provides that the respondents will perform work to clean-up the asbestos-containing soilsand to clean up a small amount of asbestos inside of the plant building. In addition, Respondents have agreed to pay past and future EPA costs.01-2010-0519 CENTREDALE MANOR

RESTORATION / EMHARTINDUSTRIES

06/29/2010 CERCLA 122A/104A Agrmt For RI/FS

THIS IS AN ADMINISTRATIVE SETTLEMENT AGREEMENT FOR THE PERFORMANCE OF A SUPPLEMENTAL SOIL INVESTIGATION IN A FORESTEDWETLAND AREA OF THE SITE.





Summary01-2010-0520 CALLAHAN MINE 08/02/2010 CERCLA 122A/104A Agrmt For RI/FSTHIS IS AN ADMINISTRATIVE SETTLEMENT AGREEMENT PURSUANT TO WHICH THE STATE OF MAINE, ACTING THROUGH THE MAINE DEPARTMENT OFTRANSPORTATION, WILL PEROFRM A REMEDIAL DESIGN AT THE SITE.01-2010-1011 PREFERRED FREEZER

SERVICES03/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)

Preferred failed to keep the records required by 40 CFR Part 82, Subpart F for its commercial refrigeration units in Raynham, Sharon and Westfield, Massachusetts.01-2010-1303 AA ASBESTOS ABATEMENT CO

INC11/24/2009 CAA 113D1 Action For Penalty

CASE IS A PREFILING SETTLEMENT FOR ASBESTOS NESHAP VIOLATIONS ARISING OUT OF A DEMOLITION AT NAVTSA - NEWPORT IN FEBRUARY 2009.01-2010-1304 PHARMCO PRODUCTS 07/01/2010 CAA 113A Admin Compliance Order (Non-Penalty)PHARMCO OPERATES A FACILITY IN BROOKFIELD, CT, WHERE IT MANUFACTURES ETHANOLS, REPACKAGES SOLVENTS AND ALCOHOLS, ANDWAREHOUSES CHEMICALS FOR SALE AND DISTRIBUTION. A REVIEW OF PHARMCO's EPCRA TIER II FORM REVEALED THAT THE FACILITY MIGHT BESTORING PENTANE IN EXCESS OF RMP THRESHOLDS. A SUBSEQUENT INVESTIGATION CONFIRMED THAT PHARMCO HAD INTERMITTENTLY STOREDPENTANE IN EXCESS OF THE RMP THRESHOLD FROM 2004 THROUGH 2008, WITHOUT HAVING A "PROGRAM 2" IN PLACE, IN VIOLATION OF CLEAN AIRACT SECTION 112(r) AND 40 C.F.R. 68.10(a) AND 68.150. THIS ADMINISTRATIVE ORDER REQUIRES THE COMPANY TO CERTIFY COMPLIANCE WITH THERMP REQUIREMENTS.01-2010-1307 HENRY DALEY 10/14/2009 CAA 113A Admin Compliance Order (Non-Penalty)On October 14, 2009, the Office of Environmental Stewardship, EPA Region 1, issued an Immediate Compliance Order under Section 113(a)(3) of the Clean Air Act tothe Town of Benson, Vermont and Mr. Henry Daley, owner of a former residential property at located 124 East Road in Benson. The non-penalty order was issued forviolation of the Clean Air Act asbestos regulations governing demolition and renovation operations. Specifically, the Town and Mr. Daley were cited, under theAsbestos NESHAP, for failing to provide EPA with prior written notice of intent to demolish Daley s property. The demolition occurred on September 27, 2009. As aresidential property with four or fewer units, the demolished facility ordinarily would be exempt from Asbestos NESHAP requirements. However, the Town demolishedDaley s property by intentional burning for fire training purposes and, thus, brought it out from under the residential exemption. The order requires the parties toimmediately comply with the Asbestos NESHAP.01-2010-1308 RI AIRPORT CORPORATION 07/02/2010 CAA 113D1 Action For PenaltyDEFENDANTS FAILED TO NOTIFY EPA OF DEMOLITION OF HOUSES INCLLUDED IN AIRPORT EXPANSION PROGRAM PRIOR TO THE COMMENCEMENTOF DEMOLITION ACTIVITY.01-2010-1313 CAI INC 03/02/2010 CAA 120 AO For Noncompliance PenaltyAn Administrative Order was issued to C.A.I., Inc. on March 2, 2010, ordering it to comply with an Information Request issued on December 22, 2009 pursuant toSection 114(a) of the Clean Air Act ( CAA ). The Information Request sought information in support of EPA s planned civil judicial enforcement action against C.A.I.for violations of the general duty clause of the CAA, 42 U.S.C. §7412(r)(1), arising from the explosion and fire that occurred at C.A.I. s Danversport, MA inkmanufacturing facility on November 22, 2006.





Summary01-2010-1314 TANNER INDUSTRIES INC 06/07/2010 CAA 112R9 AO For Imm Hazard/Accdntl ReleaseTanner's RMP was deficient is certain ways, primarily with respect to various measures that relate to the fact that its facility is unstaffed unless ammonia is beingactivley received or distributed. Tanner had no sensors or monitors that might alert one to a leak or the conditions leading to a leak, especially problematic given thatno one is at the facility much of the time. The administrative order is for violations of 40 CFR 68.67; 68.69; 68.79;68.90; and/or 68.95; and 68.25(a)(2)(i).01-2010-2001 MARLBORO WEST WWTF 12/11/2009 CWA 309A AO For ComplianceThe order is issued to put the city on a schedule to upgrade the westerly plant in order to come into compliance with their phosphorus limits.01-2010-2002 MARLBORO EAST WWTF 12/11/2009 CWA 309A AO For ComplianceThe order is issued to put the city on a schedule to upgrade the westerly plant in order to come into compliance with their phosphorus limits.01-2010-2006 STRATFORD WPCF 06/24/2010 CWA 309A AO For ComplianceTown failed to report bypasses of its Collection System to the CTDEP as required by its NPDES Permit.01-2010-2011 ATTLEBORO WPCF 06/21/2010 CWA 309A AO For ComplianceOn June 21, 2010, EPA issued the AO to the City to address violations of the effluent limits contained in its National Pollutant Discharge Elimination System ( NPDES )permit. Additionally, the City has reported to the EPA and the Massachusetts Department of Environmental Protection ( MassDEP ) that there have been periodicdischarges of untreated sewage from components of Attleboro s Collection System other than its permitted wastewater treatment facility Outfall No. 001. The Order specifically requires the City to implement and evaluate full-scale pilot plant operations for nitrogen removal consistent with EPA s discussions with the City.The Order requires the City to assess whether the pilot plant operations achieved and maintained compliance with the 8 milligram/liter monthly average total nitrogenlimit contained in the NPDES Permit. In the event that compliance is not achieved, the Order requires the City to provide a plan and schedule for implementing furthermodifications to achieve compliance. Upon completion of the pilot plant evaluations, the City must also submit its evaluation of the pilot-plant operations andrecommendations regarding its permanent implementation. The Order also includes a monthly average interim effluent limitation for total nitrogen effective until theearliest of: (a) December 31, 2012; (b) the date EPA modifies the interim limits based on the City s assessment of the first year of full-scale pilot plant operations; or (c)until EPA determines that the City has not complied with any portion of the Order. The Order also requires Attleboro to annually provide information on the operation and maintenance of its Collection System including mapping, budget, staffing andactivities performed, and any sanitary sewer overflows. Finally, the City must also submit annual reports regarding the status of its efforts to comply with this Order.01-2010-2017 BEACON MOBILE HOME PARK 05/19/2010 CWA 309A AO For Compliance3.5 acres of unpermitted fill and construction of flood protection berm in wetlands to expand mobile home park and for flool protection of the park. AO is for full wetlandrestoration with the exception of 5000 sq. ft.01-2010-2018 JAY PEAK RESORT 08/17/2010 CWA 309A AO For Compliance2.1 acres of unauthorized fill in wetlands and streams in the construction of a golf course. Restoration, mitigation and proposal for ATF to resolve case.01-2010-2020 GERMAINE BOURDEAU 08/11/2010 CWA 309A AO For ComplianceAO TO BE ISSUED TO REMEDY 3 ACRE UNAUTHORIZED WETLAND FILL ON FARM.01-2010-2024 GARDNER WWTF 02/11/2010 CWA 309A AO For Compliance





SummaryTHE CITY OF GARDNER HAS VIOLATED THE COPPER LIMITS IN THE NPDES PERMIT FOR SEVERAL YEARS. THE ORDER REQUIRES THE CITY TOUNDERTAKE A STUDY TO DETERMINE IF THE EXISTING PLANT WITH OPERATIONAL CHANGES CAN MEET THE COPPER LIMITS IN ITS PERMIT. IF NOT,THE STUDY WILL OUTLINE A PLAN AND A SCHEDULE OF THOSE UPGRADES NEEDED IN ORDER TO COME INTO COMPLIANCE WIT THE PERMIT LIMITS.THE REPORT IS DUE TO EPA IN DECEMBER 2010.01-2010-2026 BJS WHOLESALE CLUB/

DERENZO06/01/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramJ. Derenzo Company is a site contractor doing earthmoving activities on a site planned for a big box store in Waltham, Massachusetts. J Derenzo did not properlyapply for a federal construction stormwater general permit, and failed to prepare a full and adequate Stormwater Pollution Prevention Plan for the site.01-2010-2028 QUALITY PLUMBING AND

HEATING (FORMERLY KELLYFUELS)

03/09/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

ON MAY 12,2009, AN AUTHORIZED REPRESENTATIVE OF EPA, CONDUCTED AN INSPECTION AT QUALITY PLUMBING AND HEATING INC. (OPERATINGAS KELLY FUELS). ALTHOUGH QUALITY PLUMBING AND HEATING INC (OPERATING AS KELLY FUELS) STORES OIL IN AMOUNTS ABOVE THETHRESHOLDS REQUIRING THE PREPARATION AND IMPLEMENTATION OF A SPCC PLAN AND UNDER 40 CFR PART 112, IT FAILED TO IMPLEMENT ITSSPCC PLAN. BECAUSE OF THE SIZE OF THE FACILITIES AND OTHER FACTORS, EPA IS UTILIZING TEH ESA ENFORCEMENT TOOL.01-2010-2030 MEDWAY OIL 03/01/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramON APRIL 28, 2009 AN AUTHORIZED REPRESENTATIVE OF EPA CONDUCTED AN INSPECTION AT MEDWAY OIL CO.,INC. ALTHHOUGH MEDWAY OIL COINC STORES OIL IN AMOUNTS ABOVE THE THRESHOLDS REQUIRING THE PREPARATION AND IMPLEMENTATION OF A SPCC PLAN UNDER 40 C.F.R.PART 112, IT FAILED TO IMPLEMENT ITS SPCC PLAN. BECAUE OF THE SIZE OF THE FACILILITIES AND OTHER FACTORS, EPA IS UTILIZINNG THE ESAENFORCEMENT TOOL.01-2010-2035 WESTERLY WWTF 04/26/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramOn August 25, 2009, an authorized representative of EPA, conducted an inspection at Westerly Wastewater Treatment Facility Although Westerly WastewaterTreatment Facility stores oil in amounts above the thresholds requiring the preparation and implementation of a SPCC plan under 40 C.F.R. Part 112, it failed toimplement its SPCC plan. Because of the size of the facilities and other factors, EPA is utilizing the ESA enforcement tool. 01-2010-2036 MYRA DISTRIBUTING 05/03/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramOn October 6, 2009, an authorized representative of EPA, conducted an SPCC inspection at Myra Distributing, Inc. Although Myra Distributing, Inc. stores oil inamounts above the thresholds requiring the preparation and implementation of a SPCC plan under 40 C.F.R. Part 112, it did not have an adequate SPCC plan.Because of the size of the facility and other factors, EPA is utilizing the ESA enforcement tool. 01-2010-2037 STANDISH BOAT YARD 05/10/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program





SummaryON OCTOBER 29, 2009, AN AUTHORIZED REPRESENTATIVE OF EPA, CONDUCTED AN SPCC INSPECTION AT STANDISH BOAT YARD INC. ALTHOUGHSTANDISH BOAT YARD INC. STORES OIL IN AMOUNTS ABOVE THE THRESHOLDS REQUIRING THE PREPARATION AND IMPLEMENTATION OF A SPCCPLAN UNDER 40 C.F.R. PART 112, IT DID NOT HAVE THE ADEQUATE SPCC PLAN. BECAUSE OF THE SIZE OF THE FACILITY AND OTHER FACTORS, EPAIS UTILIZING THE ESA ENFORCEMENT TOOL.01-2010-2038 SACK DISTRIBUTORS 05/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramON AUGUST 19, 2008, AN AUTHORIZED REPRESENTATIVE OF EPA CONDUCTED AN SPCC INSPECTION AT SACK DISTRIBUTORS CORP. ALTHOUGHSACK DISTRIBUTORS CORP STORES OIL IN AMOUNTS ABOVE THE THRESHOLDS REQUIRING THE PREPARATION OF A SPCC PLAN UNDER 40 CFRPART 112 IT DID NOT HAVE AN ADEQUATE SPCC PLAN. BECAUSE OF THE SIZE OF THE FACILITY AND OTHER FACTORS, EPA IS UTILIZING THE ESAENFORCEMENT TOOL.01-2010-2039 MIRANT KENDALL 05/03/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)On November 22, 2009, Mirant Kendall, LLC discharged 200 gallons of turbine from its turbine oil system. The release occurred when water infiltrated the oil in thesteam turbines, overflowing a 400 gallon oil filtration system located in the Lube Oil Building. The oil filtration system overflowed and emulsified oil migrated across theconcrete floor, flowed out of the door of the building and into a nearby catch basin. The catch basin discharged to the Broad Canal immediately adjacent to one of thenon-contact cooling water intakes. The non-contact cooling water intake collects water from Broad Canal, passes the water through piping inside the station, anddischarges to the water into the Charles River. As a result of the discharge, oil caused a sheen on the Charles River. Migration of oil into the Broad Canal was limitedby a curtain boom, which the facility installed to contain the release. There were no reports of environmental harm as a result of the discharge.01-2010-2050 STAFFORD TOWN OF 08/02/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)On December 9, 2009, approximately 50 gallons of heating oil leaked from and underground storage tank ("UST") at the Stafford Historical Society, and migratedunder ground , spilling into the Middle River. The UST was located 50 feet from the Middle River. The Town's cleanup contractor excavated the tank, removedcontaminated soils and deployed booms to the River. The tank has since been replaced. 01-2010-2501 RYAN MARINE SERVICES INC 01/27/2010 CWA 309A AO For ComplianceFACILITY DISCHARGING PROCESS WASTEWATERS FROM BOAT HULL WASHING OPERATIONS TO MARBLEHEAD HARBOR VIA MUNICIPALSTORMWATER SEWER SYSTEM.01-2010-2502 ANDROSCOGGIN VALLEY

REGIONAL REFUSE ANDDISPOSAL DISTRICT

04/02/2010 CWA 309A AO For Compliance

The Order requires the District to revise and resubmit the comprehensive engineering report (Report) to EPA and NH DES based on new information by August 1,2010. The Report must detail the specific tasks that the District intends to undertake, including task start and completion dates, to ensure that compliance with theNPDES Permit is attained and maintained as soon as practicable. The Order includes interim effluent limitations.01-2010-2503 CLARENCE BROWN INC 03/08/2010 CWA 311E1B AO For Imminent Hazard





SummaryThe Order requires Clarence Brown to: 1) within 14 days of receiving the Order submit an up-to-date SPCC Plan, 2) by July 30, 2010, construct secondarycontainment for certain aboveground fuel oil tanks and fuel loading rack, 3) by August 15, 2010, submit documentation that demonstrates Clarence Brown isimplementing its SPCC Plan, specifically the construction of secondary containment for the ASTs and loading rack, and 4) submit certain construction documentsdetailing engineering plans and specifications for the proposed secondary containment. 01-2010-2702 LAUGENI & SONS INC 06/24/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)On December 14, 2009, A. Laugeni & Son, Inc. discharge approximately 500 gallons of heating oil from a parked tanker truck, used for refueling, on the property. Aneighbor notified employees of A. Laugeni & Son, Inc., that fuel oil was flowing to the street, who then contacted the police & fire department. The Fire Marshall wasable to locate the emergency cut-off valve on the tanker and stop the flow of additional oil. The oil that had flowed down the street ran into a storm drain and into theCove River a tributary to Long Island Sound. As a result of the discharge, oil caused a sheen on the Cove River. A. Laugeni & Son, Inc. hired a licensed contractorand emergency removal activities began. There were no reports of environmental harm as a result of the discharge. At the time of the spill the responsible party did not have an SPCC plan. The tanker truck's last vehicle inspection sticker was 2002. There was no indication that thetruck had been inspected by the Fire Marshall within the past several years. The tanker truck had a gasoline filling nozzle on the back of the vehicle. It wasdetermined that the tanker truck was used for refueling the facility's oil tank as well as their off road diesel vehicles and compressors. It was established that inaddition to the spill, they were in violation of the SPCC regulations. A. Laugeni & Son, Inc. has accepted full responsibility for cleanup of the spill. 01-2010-3013 SYNTAC COATED PRODUCTS

LLC04/06/2010 EPCRA 325 Action For Penalty

Failure to file tier II form as required by EPCRA 312. Respondent complied with request of Expedited Settlement, therefore, penalty was reduced.01-2010-3015 ANDOVER HEALTHCARE INC 05/19/2010 CAA 113D1 Action For PenaltyCOMPANY FAILED TO COMPLY WITH EPCRA REPORTING AND NOTIFICATION REQUIREMENTS FOR CHEMICAL SUBSTANCES USED AT THE FACILITY.COMPANY ALSO FAILED TO COMPLY WITH PERMIT CONDITIONS RELATING TO THE CAPTURE AND CONTROL OF VOCs.01-2010-3015 ANDOVER HEALTHCARE INC 05/19/2010 EPCRA 325 Action For PenaltyCOMPANY FAILED TO COMPLY WITH EPCRA REPORTING AND NOTIFICATION REQUIREMENTS FOR CHEMICAL SUBSTANCES USED AT THE FACILITY.COMPANY ALSO FAILED TO COMPLY WITH PERMIT CONDITIONS RELATING TO THE CAPTURE AND CONTROL OF VOCs.01-2010-3021 GFW AERO SERVICES INC 06/14/2010 EPCRA 325 Action for Penalty - Expedited Settlement ProgramFailure to file EPCRA Tier II form as required, but complied with the Expedited Settlement Agreement, therefore, reduced panalty.01-2010-4002 ANIBIO USA LLC 07/01/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalAnibio USA, LLC of Hampton, NH is alleged to have misbranding and reporting violations associated with a magnetic device (called tic-clip ) that repels ticks, fleas,lice and other pests on dogs and cats.





Summary01-2010-5210 FRANKLIN NON-FERROUS

FOUNDRY INC08/06/2010 RCRA 3008A AO For Comp And/Or Penalty

EPA-Region 1 issued a Complaint and Compliance Order to Franklin Non-Ferrous Foundry, Inc. ( Respondent ) alleging violations of Section 3002 of RCRA and theNew Hampshire Code of Administrative Rules, Section Env-Hw 502.01. Respondent operates a metal casting manufacturing facility located at 293 Sanborn Street,Franklin, NH (the Facility ). EPA s complaint alleges that Respondent violated RCRA and the New Hampshire rules by failing to adequately characterizeapproximately 120 55-gallon containers of waste at the Facility. EPA is ordering Respondent to immediately characterize and properly dispose of all waste at theFacility. 01-2010-6501 CATAMOUNT BOLTON WATER

AND SEWER SYSTEM05/11/2010 SDWA 1414G2 AO For Compliance (PWS)

EPA IS ISSUING AN ADMINISTRATIVE ORDER ("AO") TO THE CATAMOUNT BOLTON WATER AND SEWER SYSTEM ("THE SYSTEM") UNDER SECTION 1414(a) OF THE SDWA FOR THE SYSTEM'S CONTINUED VIOLATIONS OF THE STAGE 1 DISINFECTANTS AND DISINFECTION BYPRODUCTS RULE(STAGE 1DBPR). THE ATTACHED AO PROVIDES THE SYSTEM WITH A DEADLINE OF DECEMBER 1, 2010 TO RETURN TO COMPLIANCE WITH THE STAGE 1 DBPR.01-2010-6502 EAST MOUNTAIN MOBILE

HOME PARK06/11/2010 SDWA 1414G2 AO For Compliance (PWS)

The System has violated the SDWA by failing to conduct the required monitoring identified in the System s Standard Monitoring Plan which was submitted in responseto the Stage 2 Disinfectants and Disinfection Byproducts Rule ( Stage 2 DBPR ). The Standard Monitoring Plan was approved by the Vermont Department ofEnvironmental Conservation (VTDEC) on November 3, 2008. In failing to follow the approved Standard Monitoring Plan the System also failed to complete therequired standard monitoring by September 30, 2009 in accordance with Title 40 C.F.R. § 141.600 and 40 C.F.R. § 141.601. The System also failed to submit anInitial Distribution System Evaluation ( IDSE ) Report to VTDEC by the January 1, 2010 deadline in accordance with Title 40 C.F.R. § 141.600 and 40 C.F.R. §141.602. The Order requires the System to complete the missing sampling in August of 2010 and submit a IDSE Report to EPA and VTDEC by November 5, 2010.The System must also perform the necessary public notification for the SDWA violations it incurred and provide EPA and VTDEC with a copy of all such publicnotifications.01-2010-6503 RUTLAND TOWN FD #4 06/28/2010 SDWA 1414G2 AO For Compliance (PWS)Disinfection Byproducts Rule ( Stage 2 DBPR ). In failing to timely complete the standard monitoring, the System failed to comply with the requirements of Title 40Code of Federal Regulation ( C.F.R. ) § 141.600 and 40 C.F.R. § 141.601. The System also failed to submit an Initial Distribution System Evaluation ( IDSE ) Reportby the January 1, 2010 deadline in accordance with Title 40 C.F.R. § 141.600 and 40 C.F.R. § 141.602.01-2010-6504 U S ARMY NATIONAL GUARD

BUREAU06/10/2010 SDWA 1431 AO For Imm. Hazard

EPA ISSUED A DECISION DOCUMENT IN JUNE 2010 REQUIRING ADDRESSING OF CONTAMINATION AT THREE OPERABLE UNITS WITHIN THE MMRIMPACT AREA. THE OPERABLE UNITS ARE: WESTERN BOUNDARY, NORTHWEST CORNER, AND AREA 2. FOR ALL THREE OUSs, THE SELECTEDREMEDY TO BE IMPLEMENTED CONSISTS OF MONITORED NATURAL RECOVERY WITH ESTABLISHMENT OF LAND USE CONTROLS.01-2010-7001 CARABETTA MANAGEMENT 02/24/2010 TSCA 16 Action For PenaltyRESPONDENT FAILED TO DISCLOSE INFORMATION ABOUT THE POTENTIAL RISKS OF LEAD BASED PAINT TO PROSPECTIVE TENANTS.





Summary01-2010-8001 SKOWHEGAN BIG APPLE

#1959710/22/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

FACILITY IN VIOLATION OF STATE AND FEDERAL UST LEAK-DETECTION REQUIREMENTS FOR NOT MAINTAINING SPILL BUCKETS. A COMPLIANCEORDER WAS ISSUED REQUIRING OWNER-OPERATOR TO MAINTAIN SPILL BUCKETS PER THE STATE OF MAINE UST REGULATIONS.01-2010-8002 NEW ENGLAND AUTO REPAIR 10/13/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFacility was in violation of UST leak detection regulations for not complying with financial responsibility (FR) requirements. A compliance order was issued requiringowner to comply with FR requirements, as required by MA UST leak detection rules and regulations.01-2010-8003 KARLI GAS 10/13/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFailed to ensure proper operation of cathodic protection system, failure to investigate and cleanup a spill/overfill, failed to provide leak detection for piping, and failed tocomply with financial responsibility requirements, as required by state and federal UST regulations. Compliance order issued requiring owner to comply with MA USTregulations by conducting proper testing, maintain release detection on piping, and provide proof of financial assurance.01-2010-8004 PETRO MART INC 11/05/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFacility was in violation of state and federal Underground storage tanks (UST) leak detection regulations for failing to comply with financial responsibility requirements.A compliance order was issued requiring the owner/operator to comply with FR requirements, per Massachusetts UST regulations.01-2010-8005 ALPRIME ENERGY 12/23/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILED TO PROVIDE LEAK DETECTION FOR PIPING AND NON-COMPLIANCE WITH FINANCIAL RESPONSIBILITY REQUIREMENTS, AS REQUIRED BYSTATE AND FEDERAL UNDERGROUND STORAGE TANK (UST) REGULATIONS. COMPLIANCE ORDER ISSUED REQUIRING OWNER TO COMPLY IWTH MAUST REGULATIONS BY PROVIDING RELEASE DETECTION ON PIPING, AND PROOF OF FINANCIAL ASSURANCE.01-2010-8006 FREDDYS AUTO SALES AND

SERVICE12/18/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

FAILED TO COMPLY WITH FINANCIAL RESPONSIBILITY REQUIREMENT, AS REQUIRED BY STATE AND FEDERAL UNDERGROUND STORAGE TANK (UST)REGULATIONS. A COMPLIANCE ORDER WAS ISSUED REQUIRING OWNER TO COMPLY WITH MA REGULATIONS BY PROVIDING PROOF OF FINANCIALASSURANCE.01-2010-8007 DONOVANS BLACK TOP

SERVICE INC12/31/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

FACILLITY WAS IN NON-COMPLIANCE WITH STATE AND FEDERAL UNDERGROUND STORAGE TANK (UST) RELEASE DETECTION REGULATIONS FORNOT HAVING ADEQUATE FINANCIAL RESPONSIBILITY (FR) AND NOT MAINTAINING LEAK DETECTION (LD) EQUIPMENT. A FIELD CITATION WAS ISSUEDREQUIRING OWNER TO PROVIDE PROOF OF FR AND MAINTAIN LD EQUIPMENT. OWNER DECIDED TO REMOVE TANKS RATHER THAN BRING FACILITYUP TO COMPLIANCE STANDARDS.01-2010-8008 BEDARD BROS AUTO SALES

INC12/29/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program





SummaryFACILITY VIOLATED FEDERAL AND STATE UNDERGROUND STORAGE TANK (UST) REGULATIONS FOR FAILING TO CONDUCT CATHODIC PROTECTION(CP) TESTING ON UST. A FIELD CITATION WAS ISSUED REQUIRING OWNER TO CONDUCT CP TEST AS REQUIRED BY MA UST RULES ANDREGULATIONS.01-2010-8009 W R HILLMAN & SONS 12/29/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFACILITY WAS IN NON-COMPLIANCE WITH STATE AND FEDERAL UNDERGROUND STORAGE TANK (UST) RELEASE DETECTION REGULATIONS FORNOT TESTING CATHODIC PROTECTION (CP) SYSTEM ON PIPING, NOT ENSURING RELEASE DETECTION PASSES EVERY 30 DAYS, AND FAILING TOPROVIDE FINANCIAL RESPONSIBILITY. A FIELD CITATION WAS ISSUED REQUIRING OWNER-OPERATOR TO COMPLY WITH MASSACHUSETTSREGULATIONS BY CONDUCTION PROPER TESTING AND PROVIDE PROOF OF FR.01-2010-8010 MAYFLOWER SERVICE

CENTER02/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

FAILED TO COMPLY WITH STATE AND FEDERAL UNDERGROUND STORAGE TANK (UST) LEAK DETECTION REGULATIONS BY NOT PROVIDINGRELEASE DETECTION ON TANKS AND PIPING. A COMPLIANCE ORDER WAS ISSUED REQUIRING OWNER TO PROVIDE RELEASE DETECTION ON TANKSAND PIPING, AS REQUIRED BY MA UST REGULATIONS.01-2010-9001 WILLIAM W BACKUS HOSPITAL 12/29/2009 CAA 113D1 Action For PenaltyVOLUNTARY DISCLOSURE OF CAA 111, CWA 301, AND RCRA 3002 VIOLATIONS RESULTING IN NOD.01-2010-9001 WILLIAM W BACKUS HOSPITAL 12/29/2009 CWA 309G2A AO For Class I PenaltiesVOLUNTARY DISCLOSURE OF CAA 111, CWA 301, AND RCRA 3002 VIOLATIONS RESULTING IN NOD.01-2010-9001 WILLIAM W BACKUS HOSPITAL 12/29/2009 RCRA 3008A AO For Comp And/Or PenaltyVOLUNTARY DISCLOSURE OF CAA 111, CWA 301, AND RCRA 3002 VIOLATIONS RESULTING IN NOD.01-2010-9002 MID COAST HOSPITAL 12/29/2009 CWA 311B6B1 AO For Class I PenaltyVOLUNTARY DISCLOSURE OF RCRA AND CWA VIOLATIONS RESULTING IN NOD.01-2010-9002 MID COAST HOSPITAL 12/29/2009 RCRA 3008A AO For Comp And/Or PenaltyVOLUNTARY DISCLOSURE OF RCRA AND CWA VIOLATIONS RESULTING IN NOD.01-2010-9003 STRAUMANN USA LLC 06/30/2010 CWA 311B6B1 AO For Class I PenaltyVOLUNTARY DISCLOURE OF CWA 311 VIOLATION RESOLVED WITH NOD.01-2010-9004 KINGSWOOD GOLF CLUB INC 07/09/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9005 CARL ZEISS SMT INC 07/09/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 302, 311 AND 312 VIOLATIONS RESOLVED WITH NOD.01-2010-9006 TELEDYNE 06/15/2010 CWA 309G2A AO For Class I Penalties





SummaryVOLUNTARY DISCLOSURE OF CWA 308 AND 402 VIOLATIONS RESOLVED WITH NOD.01-2010-9007 LUDLOW DPW 08/02/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 311/312 RESOLVED WITH NOD.01-2010-9008 VECTRON INTERNATIONAL INC 07/22/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATINS RESOLVED WITH NOD.01-2010-9009 DURGIN AND CROWELL

LUMBER CO INC07/22/2010 EPCRA 325 Action For Penalty

VOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9010 GREYLAWN FOODS INC 07/22/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 302,303, 311,312 VIOLATIONS RESOLVED WITH NOD.01-2010-9011 SHELL SERVICE STATION 03/09/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILED TO COMPLY WITH STATE AND FEDERAL UNDERGROUND STORAGE TANK (UST) LEAK DETECTION REGULATIONS FOR NOT PROVIDINGRELEASE DETECTION ON PIPING AND NOT COMPLYING WITH FINANCIAL RESPONSIBILITY (FR) REQUIREMENT. A COMPLIANCE ORDER WAS ISSUEDREQUIRING OWNER TO PROVIDE RELEASE DETECTION ON PIPING AND PROOF OF FR AS REQUIRED BY MA UST REGULATIONS.01-2010-9012 ORLEANS TOYOTA 07/22/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLAITONS RESOLVED WITH NOD.01-2010-9013 ROCHESTER COUNTRY CLUB 07/22/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9014 SIE COMPUTING SOLUTIONS


VOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9015 BROWNELL AND COMPANY


VOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9016 BOSTON CENTERLESS INC 07/22/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9017 E A DION INC 07/22/2010 EPCRA 325 Action For PenaltyVOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9018 POLARTEC LLC 07/22/2010 EPCRA 325 Action For Penalty





SummaryVOLUNTARY DISCLOSURE OF EPCRA 302,303, 311 AND 312 VIOLATIONS RESOLVED WITH NOD.01-2010-9019 LANDMARK SCHOOL 08/16/2010 CWA 311B6B1 AO For Class I PenaltyVOLUNATRY DISCLOSURE OF RCRA 3002, CWA 311 AND EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9019 LANDMARK SCHOOL 08/16/2010 EPCRA 325 Action For PenaltyVOLUNATRY DISCLOSURE OF RCRA 3002, CWA 311 AND EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9019 LANDMARK SCHOOL 08/16/2010 RCRA 3008A AO For Comp And/Or PenaltyVOLUNATRY DISCLOSURE OF RCRA 3002, CWA 311 AND EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9020 UNITED COMB & NOVELTY

CORP INC DBA UNITEDSOLUTIONS INC

08/11/2010 EPCRA 325 Action For Penalty

VOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9021 LONDONDERRY FREEZER

WAREHOUSE08/11/2010 EPCRA 325 Action For Penalty

VOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.01-2010-9022 HARTMANN OIL AND PROPANE

CO08/11/2010 EPCRA 325 Action For Penalty

VOLUNTARY DISCLOSURE OF EPCRA 311/312 VIOLATIONS RESOLVED WITH NOD.CT-WC5488 TOWN OF MIDDLEFIELD 11/18/2009 State Administrative Order of ConsentDISCHARGING WITHOUT A PERMITCT-WC5516 RAND-WHITNEY

CONTAINERBOARD.L.P.03/15/2010 State Administrative Order of Consent

Effluent violations.CT-WC5636 C. WHITE & SON, INC. 10/13/2009 State Administrative Order of ConsentViolation of the General Stormwater Industrial PermitCT-WC5656 THE QUIKRETE COMPANIES,

INC.10/22/2009 State Administrative Order of Consent

FAILED TO MONITOR STORMWATER SAMPLES.CT-WC5665 NEW HOME BUILDING

SERVICES, LLC11/25/2009 State Administrative Order of Consent

Violations of the General Permit.





SummaryCT-WC5666 ELECTRO-METHODS, INC. 01/14/2010 State Administrative Order of ConsentDISCHARGING WITHOUT A PERMITCT-WC5667 CITY OF TORRINGTON 02/02/2010 State Administrative Order of ConsentFAILED TO MONITORCT-WC5669 TOWN OF SOMERS 03/17/2010 State Administrative Order of ConsentINDUSTRIAL STORMWATER GENERAL PERMITCT-WC5670 TOWN OF OLD SAYBROOK 03/18/2010 State Administrative Order of Consent

CT-WC5673 NAVAL SUBMARINE BASE NEWLONDON

04/01/2010 State Administrative Order of Consent

DISCHARGING WITHOUT A PERMIT.CT-WC5674 TOWN OF CLINTON 04/08/2010 State Administrative Order of ConsentFAILED TO MONITOR INDUSTRIAL STORMWATER GENERAL PERMIT.CT-WC5676 TOWN OF PRESTON 04/14/2010 State Administrative Order of ConsentFAILURE TO MONITORCT-WC5677 TOWN OF EAST HAMPTON 04/14/2010 State Administrative Order of ConsentFAILED TO MONITORCT-WC5678 TOWN OF TOLLAND 04/23/2010 State Administrative Order of ConsentFAILED TO SUBMIT MONITORINGCT-WC5679 TOWN OF ELLINGTON 05/19/2010 State Administrative Order of ConsentFAILED TO SUBMIT MONITORINGCT-WC5683 TOWN OF DERBY 06/08/2010 State Administrative Order of ConsentDEP SEPPLEMENTAL ENVIRONMENTAL PROJECTCT-WC5685 TOWN OF PUTNAM 06/10/2010 State Administrative Order of ConsentFAILED TO SUBMIT MONITORING RESULTSCT-WC5687 TOWN OF LISBON 06/25/2010 State Administrative Order of ConsentFAILED TO SUBMIT MONITORING





SummaryRI-09-098 RI0001643 NOV FOR DMR

NONRESEIPT12/04/2009 State CWA Penalty AO

RI-RIA-402 RIPDES CONSENTAGREEMENT


RI-RIA-403 W. WARWICK CONSENTAGREEMENT


RI-RIA-404 RIPDES CONSENTAGREEMENT


RI-RIA-406 RIPDES - CA 05/17/2010 State Administrative Order of Consent

RI-WP09-099 RI NOV DMR NON RECEIPT 12/04/2009 State CWA Penalty AO




Summary02-1990-0181 PRINCETON GAMMA-TECH/

MONTGOMERY TWP12/08/2009 Civil Judicial Action





SummaryTHE MONTGOMERY TOWNSHIP HOUSING DEVELOPMENT SITE INVOLVES TCE-CONTAMINATION IN AN AQUIFER UNDERLYING THE SITE. THISACTION IS BROUGHT AGAINST A COMPANY THAT HAS BEEN LINKED TO TCE DISPOSAL AT THE SITE AND THE CORPORATION THAT PURCHASED THISCOMPANY, MAKING IT A WHOLLY-OWNED SUBSIDIARY. THE COSTS SOUGHT FROM THESE DEFENDANTS ARE REIMBURSEMENT FOR THE RI/FS, ANDTHE FIRST OPERABLE UNIT OF THE ROD THAT PROVIDED AN ALTERNATE WATER SUPPLY, AS WELL AS THOSE COSTS TO DATE FOR DESIGN OF THEPUMP AND TREAT PROGRAM, WHICH WILL BE PUT INTO PLACE AT THE SITE. THE ROCKY HILL MUNICIPAL WELLFIELD SITE INVOLVES TCECONTAMINATION IN AN AQUIFER UNDERLYING THE SITE. THE COSTS SOUGHT ARE REIMBURSEMENT FOR THE RI/FS AND THE COSTS TO DATE FORDESIGN OF THE PUMP AND TREAT REMEDIAL PROGRAM THAT WILL BE PUT IN PLACE AT THE SITE. A DECLARATORY JUDGMENT FOR FUTURECOSTS IS ALSO SOUGHT. Second consent decree settles the government's action against Messrs Van Cleef and DeCicco. Messrs Van Cleef and DeCicco had been brought into the case asThird Party Defendants by Princeton Gamma-Tech, the main defendant in this case. The United States settled with Princeton Gamma-Tech in 2004. There is onemore settlement expected in this case.02-2004-0017 KASPER (1997) IRREVOCABLE

TRUSTS FOR THE BENEFIT OFCHARLES B. & RICHARD J.KASPER

07/28/2010 Civil Judicial Action

Seek the filing of a judicial action to recover EPA's past costs under Section 107(a) of CERCLA, assess penalties under Section 106(b)(1) of CERCLA, for failure tocomply with an administrative order (CERCLA-02-2002-2007, assess punitive damages under 107(c)(3) of CERCLA as a result of the failure to comply with anadministrative order (CERCLA-02-2002-2007), and penalties under 104(e)(5)(B) for failure to fully comply with an information request sent pursuant to Section 104(e)of CERCLA. EPA is currently performing a removal action at the Site.02-2004-0024 LAFARGE NORTH AMERICA,

INC. (NC)03/18/2010 Civil Judicial Action

Defendant owns and operates 13 cement manufacturing plants which produce Portland cement. Over a period of years, the Defendant replaced the low sulfur coalburned at these plants with higher sulfur petcoke, thereby triggering PSD review for SO2. Defendant did not obtain PSD permits for these major modifications. Theviolations at the Ravena, New York plant in Region 2 will be addressed through a global settlement involving Regions 2, 3, 4, 5, 6, 7, and 10 along with numerousstates, including New York. Region 2 has participated in settlement discussions with the Defendant along with DOJ, OECA, and lead Region 5.02-2004-0026 ESSROC SAN JUAN, INC. 05/04/2010 Civil Judicial Action





SummaryCases combined: EA# 02-2007-0013 combined with EA# 02-2004-0026. CAA violations at ESSROC s Portland Cement plant and the related quarrying operations in Espinosa Ward in the Municipality of Dorado, Puerto Rico ( Facility ). In2007, EPA again initiated action against the Defendant - this one concerning CWA violations at the Facility. After protracted negotiations, on June 25, 2009 DOJ filed a Complaint in the instant case in the Federal District Court of Puerto Rico which alleges that ESSROC failedto comply with the CAA and its implementing regulations and with the CWA and its implementing regulations and permits issued thereunder. The Complaint allegesthat ESSROC failed to comply with the CAA and its implementing regulations by failing to properly perform compliance testing, by exceeding emission limits, and byfailing to properly monitor emissions at the Facility. In addition, the Complaint alleges that ESSROC failed to: comply with effluent limits, properly prepare requiredcompliance plans, maintain records, timely submit reports, operate pursuant to a permit, and comply with its compliance plan.02-2005-0011 CITY OF OSWEGO 08/05/2010 Civil Judicial ActionThis civil judicial action seeks injunctive relief and penalties under Section 309 of the CWA, against the City of Oswego for unpermitted discharges in violation ofSection 301 of the CWA from the collection system of its Westside WWTP. The Consent Decree requires the City of Oswego to pay a cash penalty, The city hasagreed to stipulated penalties for late payment of the civil penalty, SSOs and CSOs that occur during the life of the Decree, failure to meet compliance milestones, andfailure to meet reporting requirements. The City has agreed to meet the following performance criteria: (1) Eliminate all sanitary sewer overflows; (2) Eliminate alldischarges at or near the Riverwalk Manholes (unpermitted CSO point); (3) Allow no more than an average of 4 CSOs per year from Outfall No. 002; Implement teh 15BMPs in the City's SPDES permit; (4) Meet NYS WQS for discharges from Outfall 002; and (5) Comply with all other requirements of the Ctiy's permit. The City hasagreed to implement the following Compliance Measures to meet or supplement the performance criteria: (1) Routinely inspect and clean the Oswego RiverInterceptor; (2) Seasonally disinfect discharges from Outfall No. 002; (3) Eliminate inflow of storm water or other flows to the SSS from identified catch basin locations;(4) Monitor flows of all SSOs and CSOs from the West Side System; (5) Post warning signs within 10 feet of all SSOs and CSOs; (6) Establish an Enterprise Fund forsewer use fees; (7) Complete a Sanitary Sewer Evaluation Survey fro the City's SSS; (8) Address escessive infiltration and inflow from privately owned laterals; (9)Allow sewer extensions only when the flow from the extension will be offset by removing 5 times the amount of flow from the system; (10) Develop and implement aCapacity, Management, Operations and Maintenance Program; (11) Develop and implement a WWTP Operation and Maintenance Program; (12) Evaluate andupgrade the pump station; (13) Optimize the Excess Flow Management Facility; (14) Separate 25% of the CSS by November 1, 2014; (15) Separate the second 25%of the CSS by November 1, 2018; (16) Separate the third 25% of the CSS by November 1, 2021; (17) Post-construction monitoring to assess whether the performancecriteria have been met, and if not, submit a plan for separation of the final 25% of the CSS.02-2005-0017 SAINT GOBAIN CONTAINERS

(NATIONAL CASE)05/07/2010 Civil Judicial Action

1) This case is part of an nationwide enforcement action for potential violations of PSD requirements. Relief will consist of compliance with PSD permit and BACTrequirements as well as monetary penalties. Region 10 is the lead EPA Region in this national matter. Region 2 formally requested DOJ to include an SGCI facilitylocated in Carteret, NJ on September 14, 2005. 2) There was no injunctive relief with respect to the Defendant's Carteret, NJ facility, which is subject to this settlement, because it had closed down. A SupplementalEnvironmental Project involving the retirement of Creditable Emission Reductions associated with the Defendant's Millville, NJ facility, which is also closed, is part ofthe settlement.





Summary02-2005-0024 SENSIENT COLORS INC. 07/20/2010 Civil Judicial ActionThis is an action pursuant to Section 107 of CERCLA to recover costs incurred by EPA in conducting response actions at the General Color Superfund Site located inCamden, NJ. 02-2005-0886 SCHERING-PLOUGH

PRODUCTS, LLC03/24/2010 CAA 113D1 Action For Penalty

SCHERING-PLOUGH PRODUCTS, LLC VOLUNTARILY DISCLOSED CAA VIOLATIONS UNDER EPA'S AUDIT POLICY. SINCE THE VIOLATION WASDISCOVERED BY ACTIVITIES ABOVE AND BEYOND THOSE REQUIRED BY TITLE V, SCHERING PLOUGH IS ELIGIBLE FOR 100% MITIGATION OF GRAVITYBASED PENALTIES. 02-2006-0009 BASF CORPORATION (NC) 03/03/2010 Civil Judicial ActionOn March 31, 2006, the Environmental Protection Agency (EPA), requested DOJ file a civil action against the BASF Corporation (BASF) for violations of the Clean AirAct ( the Act ), 42 U.S.C. § 7601, et seq., at BASF facilities, Region 6. Violations of the Act have also been documented at BASF facilities located in EPA Regions 2and 5. The violations in these regions include failure to repair leaks of industrial processing refrigeration equipment, failure to perform initial and follow-up verificationtesting, and failure to keep records of repair activities, which are required by 40 C.F.R. Part 82, Subpart F, regulations promulgated pursuant to 42 U.S.C. § 7671,Section 608 of the Act. This action proposes a global settlement approach similar to that used in recent multi-regional Clean Air Act civil cases. EPA Region 2formally requests that three BASF facilities. 02-2006-0014 JACOB MANNE IRREVOCABLE

TRUST07/21/2010 Civil Judicial Action

This is a cost recovery case to recover EPA's unreimbursed past costs at the Shenandoah Road Groundwater Contamination Site. EPA is seeking reimbursement ofpast costs. The proposed defendant was the President of a company which operated at the Site and caused the release of PCE and other hazardous substances atthe Site. He was involved in the day to day operations at the Site, including disposal of hazardous substances at the Site. EPA also seeks the recovery of assets,pursuant to the Federal Debt Collection Act of 1990, 28 U.S.C. 3001-3702, that were fraudulently conveyed Irrevocable Trust prior to his death, and the avoidance ofcash distributions from the Trust to his son. Under the terms of the Consent Decree, five parcels of property which had been owned and were transferred to the Trust, will be conveyed to a managementcorporation established by th estate and appraised. The appraised value of these parcels will be paid to the United States within three years after the effective date ofthe Consent Decree, regardless of whether the parcels are sold or not.02-2006-0015 CITY OF NEWBURGH ET AL. 10/29/2009 Pre-Referral Negotiation





SummaryThis is a cashout settlement arising from remedial design/remedial action negotiations for the Consolidated Iron and Metal Co., Inc. Superfund Site. EPA issuedspecial notice letters to 23 parties, and ultimately engaged in negotiations with 5 major parties to undertake the selected remedy at the Site. As the negotiationsprogressed, the parties pursued a cashout settlement. The following Settling Defendants signed the Consent Decree: the City of Newburgh, the City of Poughkeepsie,Connell Limited Partnership, International Business Machines Corp. and Northrop Grumman Ship Systems, Inc. The Consent Decree provides payment, includinginterest pursuant to three payments ending in January of 2010. The funds will be placed in a Special Account and used by EPA, along with Superfund monies and aState cost share, to perform the cleanup remedy for the Site. In exchange for the payments, the Settling Defendants will receive a Site-wide covenant not to sue,subject to the usual reopeners, and contribution protection. The Consent Decree also includes 13 Other Settling Parties , brought in to the action by the SettlingDefendants, who are contributing to the cashout settlement. In addition to the cashout payment, the Settling Defendants have agreed to a 50-50 split of any future recoveries from additional Other Settling Parties with the UnitedStates until each side has received $1 million, in exchange for a covenant not to sue and contribution for those parties. After recovery of $ 1 million, or for settlementsinvolving parties which sent batteries, the proceeds sharing will be determined based on the totality of the circumstances, with the Settling Defendants beingguaranteed to receive at least 20%. The City of Newburgh has also agreed to remit to EPA the net proceeds of the sale of the Site Property which exceed theappraised value of the Site Property. This settlement is a CERCLA cash-out settlement pursuant to section(s) 107 and/or 122(b)(3) of CERCLA. Due to system limitations it is currently coded as beingpursuant to Section 122(a) of CERCLA to allow for reporting the Volume of Contaminated Media addressed by the settlement as well as the Value of ComplyingActions in ICIS. This data will be corrected once appropriate modifications are made to ICIS.02-2006-0020 WALL HERALD CORPORATION 06/21/2010 Civil Judicial ActionEPA recommends initiating a cost recovery action against the current owner of the Site, Wall Herald Corporation, pursuant to Section 107(a) of CERCLA. In addition,EPA seeks to recover the costs constituting the line in an action in rem pursuant to Section 107(l)(4) of CERCLA. 02-2006-0022 ELAN CHEMICAL COMPANY,

INC. (SB)02/05/2010 Civil Judicial Action

Requesting the Department of Justice file a civil action in federal court against the Defendant. Based upon EPA inspections and information provided by the company,EPA has concluded that the company, in its operations at its Newark facility, violated RCRA requirements regarding the storage of hazardous waste without a permit,violated various requirements regarding air emissions standards (40 CFR Part 265, subparts BB and CC) and failed to make a hazardous waste determination; EPAhas also concluded that Elan Chemical failed to submit timely EPCRA Section 313 reports to the Agency and to the State of New Jersey for seven chemicals it used incalendar year 2004. Request DOJ seek penalties (as permitted under RCRA and EPCRA) and to request that Elan Chemical be ordered to maintain futurecompliance with applicable RCRA and EPCRA requirements. Judicial consent decree entered on February 5, 2010, defendant agreeing to pay a civil penalty andagreeing to undertake steps to ensure compliance with applicable RCRA requirements. 02-2006-0024 BATTERY RECYCLING

COMPANY, INC.06/17/2010 Civil Judicial Action





SummaryBattery Recycling is a secondary lead smelting facility that recycled lead containing batteries to recuperate the elemental lead. Battery Recycling failed to submitnotifications or to operate according to SOP manuals. Battery Recycling further failed to conduct the initial performance testing or the subsequent testing and failed tomaintain records and submit records in accordance with the regs. 02-2007-0016 COOPERATIVA CAMIONEROS 06/14/2010 Civil Judicial ActionCooperativa Camioneros operates at least 3 mining sites in Gurabo Puerto Rico. Only one of the 3 facilities obtained the required Storm water MSGP/CGP. The onefacility that has a permit obtained the permit late. EPA issued several administrative orders to cease mining activity until the sites were permitted. Cooperativacontinued its mining activity and failed to submit required information to EPA. This is a civil action brought pursuant to Sections 309(b) and (d) of the Clean Water Act, 33 U.S.C. §§ 1319(b) and (d), seeking civil penalties and injunctive relief forviolations of Sections 301and 308 of the CWA, 33 U.S.C. §§ 1311and 1318, and applicable implementing regulations. The United States commenced this action with aComplaint filed on November 4, 2009. On June 14, 2010, the Federal District Court granted the US its request for a final default judgment, ordering the following: Defendant is permanently enjoined from discharging storm water from Loma Vista, Alturas de Trimar and Villa del Carmen in violation of the Clean Water Act;.Defendant shall comply with all applicable requirements of the Clean Water Act and its implementing regulations at Loma Vista, Alturas de Trimar and Villa delCarmen, and submit evidence of such compliance to EPA; Defendant shall submit a report to the United States, within 30 days of entry of this judgment, setting forth:a. the current operational status of Loma Vista, Alturas de Trimar and Villa del Carmen, including any plans to resume operations in the future; b. the name, addressand phone number of responsible official for Defendant; c. all measures implemented by Defendant to comply with the requirements of the Clean Water Act; and d. aschedule by which Defendant will take appropriate measures to achieve compliance with the Clean Water Act within 120 days of entry of judgment; Defendant shallpay a civil penalty within 30 days of entry of judgment; and Defendant shall reimburse the United States all costs and disbursements relating to this action. 02-2007-0024 KAWASAKI RAIL CAR INC 10/02/2009 Civil Judicial ActionKawasaki is a large industrial establishment in Yonkers, New York where the RCRA violations occurred. Kawasaki committed the following RCRA violationsconcerned with the generation and management of hazardous waste (including universal waste): (1) failure to make hazardous waste determination; (2) storage ofhazardous waste without having obtained a RCRA permit (or having complied with all provisions that would have exempted Kawasaki from the permittingrequirement); and (3) failure to minimize the possibility of a fire, explosion or any unplanned sudden or non-sudden release of hazardous waste or hazardous wasteconstituents to air, soil, or surface water which could threaten human health or the environment. EPA is seeking an injunction to achieve and maintain futurecompliance with all the applicable RCRA statutory and regulatory provisions and payment of a civil penalty for these violations. The facility underwent a follow-upRCRA compliance evaluation inspection on August 24, 2009; no violations were found; no injunctive relief sought.02-2007-5301 LA CASA DEL AGRICUTOR (SB) 07/20/2010 FIFRA 14A Action For PenaltyThe State of PR did an inspection on 2/9/2005 and referred to EPA for action. This action was taken for violations of FIFRA Sections 12(a)(1)(E) -- pesticidesproduction in an unregistered establishment and 12(a)(1)(L) production of pesticides in an unregistered establishment.02-2008-0006 PAUL ROMANO ET AL. 01/15/2010 Civil Judicial Action





SummaryEPA requests DOJ file an action for the recovery of its removal action pursuant to Section 107 of CERCLA, against the former operators of the Site, and in rem actionagainst the Site property. EPA seeks to recover its past costs and any future costs associated with the removal action at the Site. Since G-I Holdings is currently in bankruptcy, EPA will be naming G-Holdings as a defendant in the context of the BNK action. All of the parties arranged for thedisposal or treatment of hazardous substances at the Site and, accordingly, are liable for response costs incurred by EPA pursuant to Section 107(a)(3) of CERCLA. First settlement: This consent decree requires the Settling Defendants to reimburse EPA for costs incurred in connection with a removal action at the Site. Under theterms of the consent decree, the United States grants the Settling Defendants a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Second settlement: This consent decree settles the United States' CERCLA Section 107 cost recovery action against the Settling Defendant. The consent decreerequires the Settling Defendant to reimburse the EPA for costs incurred in connection with a removal action at the Site. Under the terms of the consent decree, theUnited States grants the Settling Defendant a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Third Settlement: This judicial settlement resolves EPA's claims under Section 107 of CERCLA, for EPA's costs of conducting a removal action at the PioneerSmelting Site. This is an ability-to-pay settlement, which resolves the past and future liability of PMR. Fourth Settlement: DOJ, on behalf of EPA, filed an action to recover EPA's costs pursuant to Section 107 of CERCLA, against the former operators of the Site. 02-2008-0006 PAUL ROMANO ET AL. 02/05/2010 Civil Judicial ActionEPA requests DOJ file an action for the recovery of its removal action pursuant to Section 107 of CERCLA, against the former operators of the Site, and in rem actionagainst the Site property. EPA seeks to recover its past costs and any future costs associated with the removal action at the Site. Since G-I Holdings is currently in bankruptcy, EPA will be naming G-Holdings as a defendant in the context of the BNK action. All of the parties arranged for thedisposal or treatment of hazardous substances at the Site and, accordingly, are liable for response costs incurred by EPA pursuant to Section 107(a)(3) of CERCLA. First settlement: This consent decree requires the Settling Defendants to reimburse EPA for costs incurred in connection with a removal action at the Site. Under theterms of the consent decree, the United States grants the Settling Defendants a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Second settlement: This consent decree settles the United States' CERCLA Section 107 cost recovery action against the Settling Defendant. The consent decreerequires the Settling Defendant to reimburse the EPA for costs incurred in connection with a removal action at the Site. Under the terms of the consent decree, theUnited States grants the Settling Defendant a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Third Settlement: This judicial settlement resolves EPA's claims under Section 107 of CERCLA, for EPA's costs of conducting a removal action at the PioneerSmelting Site. This is an ability-to-pay settlement, which resolves the past and future liability of PMR. Fourth Settlement: DOJ, on behalf of EPA, filed an action to recover EPA's costs pursuant to Section 107 of CERCLA, against the former operators of the Site.





Summary02-2008-0006 PAUL ROMANO ET AL. 07/12/2010 Civil Judicial ActionEPA requests DOJ file an action for the recovery of its removal action pursuant to Section 107 of CERCLA, against the former operators of the Site, and in rem actionagainst the Site property. EPA seeks to recover its past costs and any future costs associated with the removal action at the Site. Since G-I Holdings is currently in bankruptcy, EPA will be naming G-Holdings as a defendant in the context of the BNK action. All of the parties arranged for thedisposal or treatment of hazardous substances at the Site and, accordingly, are liable for response costs incurred by EPA pursuant to Section 107(a)(3) of CERCLA. First settlement: This consent decree requires the Settling Defendants to reimburse EPA for costs incurred in connection with a removal action at the Site. Under theterms of the consent decree, the United States grants the Settling Defendants a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Second settlement: This consent decree settles the United States' CERCLA Section 107 cost recovery action against the Settling Defendant. The consent decreerequires the Settling Defendant to reimburse the EPA for costs incurred in connection with a removal action at the Site. Under the terms of the consent decree, theUnited States grants the Settling Defendant a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Third Settlement: This judicial settlement resolves EPA's claims under Section 107 of CERCLA, for EPA's costs of conducting a removal action at the PioneerSmelting Site. This is an ability-to-pay settlement, which resolves the past and future liability of PMR. Fourth Settlement: DOJ, on behalf of EPA, filed an action to recover EPA's costs pursuant to Section 107 of CERCLA, against the former operators of the Site. 02-2008-0018 KLOCKNER AND KLOCKNER

PARTNERSHIP ET AL.01/05/2010 Pre-Referral Negotiation

EPA has entered into a remedial design/remedial action consent decree for the Klockner Source Area, which is operable unit 3 of the Rockaway Borough Well FieldSuperfund site. 02-2008-1221 SUNSHINE ENVIRONMENTAL

SERVICES, INC. (SB) ET AL.12/23/2009 CAA 113D1 Action For Penalty

Case is regarding Asbestos removal issues at a school building. Respondents are the contractor and the school district. Complaint includes four counts of violationsagainst the Asbestos NESHAPs regulations. Final Order agreed to by Rome City School District. 02-2008-7507 U.S. DEPARTMENT OF

VETERANS AFFAIRS01/22/2010 RCRA 9006 AO For Comp And/Or Pen (UST)

Failure to Inspect Cathodic Protection System of UST Systems 1 and 2 and Failure to Maintain Testing Records; Failure to Have Overfill Prevention Equipment onUST Systems 1 and 2; Failure to Monitor for Release Detection and Failure to Maintain Release Detection Records for UST Systems 1 and 2; Failure to MaintainRelease Detection Records for UST 3.02-2009-0003 PECHTER'S BAKING GROUP,

LLC (SB) ET AL.03/31/2010 Civil Judicial Action





SummaryPechter's Baking Group, LLC is in violation of the SIP VOC RACT Rule from April 26, 2004 to June 26, 2006. EPA is assessing a civil penalty for the violations. Thereis no injunctive relief. Under the Stipulation and Order of Settlement, Pechter's shall pay a civil monetary penalty in 4 installments.02-2009-0009 HERCULES CHEMICAL

COMPANY, INC. (SB)12/14/2009 Bankruptcy

Hercules Chemical Company, Inc. has filed for bankruptcy under Chapter 11, and is a potentially responsible party under CERCLA Section 107 for costs incurred andto be incurred by EPA with regard to the Lower Passaic River Study Area. EPA seeks to file a proof of claim for unreimbursed past response costs and costs to beincurred at the Diamond Alkali Site, Lower Passaic River Study Area. 02-2009-0012 UNITED FIBERS, LLC 04/02/2010 Civil Judicial ActionRecommend the filing of an action under Section 107(a) and (l) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended( CERCLA ), 42 U.S.C. Section 9607(a) and (l), seeking recovery of EPA response costs from United Fibers, a responsible party for the Site. EPA is also seekingrecovery of these costs through a judgment lien. 02-2009-0015 LYONDELL CHEMICAL

COMPANY, INC. ET AL. (NC)04/23/2010 Bankruptcy

Lyondell Chemical Company Inc. and 78 affiliates have filed for bankruptcy under Chapter 11. EPA handled this matter as a national case, filing a proof of claim fornumerous sites including the Diamond Alkali Site, Lower Passaic River Study Area 2) EPA sought an allowed claim for unreimbursed response costs and also arguedthat injunctive obligations would not be discharged in bankruptcy. 02-2009-0023 TOWNSHIP OF BRICK, NEW

JERSEY12/23/2009 Civil Judicial Action

The Brick Township Landfill began operation in the late 1940s and operated for approximately 30 years as a disposal site for residential wastes, construction debris,vegetative wastes as well as sewage and septic wastes. A total of 14 inorganic substances were detected in unsaturated or saturated soils collected at the Landfill.Organic compounds were also detected at low levels in the Landfill s soils. An area of discontinuous contaminated groundwater extends downgradient from theLandfill to the southeast in an area of roughly 470 acres. The New Jersey Department of Environmental Protection ( NJDEP ) was the lead agency for the Site until the Summer of 2008 when EPA took over lead for the Site.Thereafter, EPA completed the RI/FS and issued the Record of Decision. EPA and the Department of Justice negotiated a Consent Decree which requires theSettling Defendant to pay EPA its past costs and further requires the Settling Defendant to construct the remedial action selected for this Site. 02-2009-0035 CABOT CORPORATION ET AL. 05/21/2010 Civil Judicial ActionThis Consent Decree requires the Settling Defendants to implement the remedy selected in the Record of Decision for Operable Unit Two issued by EPA onSeptember 29, 2008 by performing the remedial design and remedial action to address soil contamination at the Site. The Consent Decree also requires the SettlingDefendants to pay EPA payment of past response costs incurred by EPA at the Site, as well as to reimburse EPA on a yearly basis for future costs incurred by EPAwith respect to Operable Unit Two at the Site.





Summary02-2009-0820 RICOH AMERICAS

CORPORATION03/18/2010 TSCA 16 Action For Penalty

Voluntary disclosure of violations of TSCA Sections 5,8, and 12.02-2009-0828 WYETH AYERST LEDERLE, LLC 04/15/2010 EPCRA 325 Action For PenaltyThis was a self-disclosure under the Audit Policy. The facility failed to filed timely Toxic Release Inventory Form R reports for napthalene for calendar years 2004,2005, and 2006. The required reports were submitted to EPA on September 16, 2008.02-2009-0829 JOHNSON MATTHEY, INC. 11/12/2009 EPCRA 325 Action For PenaltyJohnson Matthey, Inc. self-disclosed to the United States Environmental Protection Agency (EPA) under the Audit Policy on February 5, 2009. The companyundertook an extensive review of its Toxic Release Inventory (TRI) reporting and discovered that a number of data quality errors, regarding releases to the POTW andoff-site transfers, had been miscalculated for reporting years 2003, 2004 and 2005 for ammonia, chlorine, chromium compounds, copper compounds,dichloromethane, lead compounds, methanol, methyl isobutyl ketone, n-butyl alcohol, nickel compounds, silver compounds, toluene and xylene.02-2009-0834 QUALITROL COMPANY, LLC 04/30/2010 EPCRA 325 Action For PenaltyAudit Policy Disclosure dated May 15, 2008 for failing to file timely TRI Form R reports for lead for years 2002, 2003, 2004, 2005 and 2006. The reports were morethan one year late.02-2009-0841 BROTHER INTERNATIONAL


Failure to submit TSCA Section 8 IUR.02-2009-0844 AVON PRODUCTS, INC. 12/02/2009 FIFRA 14A Action For PenaltyAVON PRODUCTS QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR THE VIOLATION DISCLOSED AND ELIGIBLE FOR AUDITPOLICY RELIEF. ECONOMIC BENEFIT IS INSIGNIFICANT.02-2009-0846 AMERICAN PRECISION

INDUSTRIES, INC.06/22/2010 EPCRA 325 Action For Penalty

This was a self-disclosure under the Audit Policy. 100% Penalty mitigation was granted. The facility filed late TRI Form R reports for lead for years 2004 and 2005.02-2009-0848 M.S. KENNEDY CORPORATION 03/26/2010 EPCRA 325 Action For PenaltyAudit Policy Disclosure on July 11, 2008. The facility failed to file timely TRI Form R reports for lead for years 2003 , 2004, 2005, 2006, and 2007 and fordichloromethane for 2007. The reports were filed September 19, 2008. 100% Penalty mitigation under the Audit Policy was granted.02-2009-0849 MPM SILICONES LLC 07/19/2010 EPCRA 325 Action For PenaltyThis was a self-disclosure under the Audit Policy for data quality errors identified in the facility's Form R reports for years 2004, 2005, 2006 and 2007. The errors werein Sections 6 and 8 of the reports regarding off-site disposal of its wastes.02-2009-0852 BLACKSTONE BUSINESS

ENTERPRISES, INC.03/24/2010 EPCRA 325 Action For Penalty





SummaryThe company failed to file timely Toxic Release Inventory Form R reports as required by Section 313 of the Emergency Planning and Community Right-to-Know Actfor chromium for years 2003, 2004, 2005, 2006 and 2007; for nickel for years 2004, 2005, 2006 and 2007; and for manganese for year 2007.02-2009-0857 KINGCHEM, LLC (SB) 03/30/2010 TSCA 16 Action For PenaltyFailure to submit TSCA Inventory update for 2006.02-2009-0865 GIVAUDAN FRAGRANCES


Voluntary disclosure of TSCA Section 12 export notification requirements.02-2009-0866 MTA FLATBUSH DEPOT 02/17/2010 RCRA 3008A AO For Comp And/Or PenaltyMTA'S FLATBUSH DEPOT QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLE FOR AUDIT POLICYCOVERAGE. THE VIOLATIONS DISCLOSED WERE UNDER THE CAA AND RCRA.02-2009-0867 MARCAL MANUFACTURING,


Marcal Manufactuiring, LLC. submitted an E-Disclosure to EPA on February 10, 2009 (Case No. DCAP-7NZPVY). The facility failed to file timely TRI Form R reportsfor for Dioxin and Dioxin-like Compounds (CAS# N150) and Polychlorinated biphenyls (PCBs) (CAS# 1336363) for calendar year 2006. The required reports werefiled February 17, 2009.02-2009-0868 ESSEX COUNTY DEPARTMENT

OF PUBLIC WORKS08/05/2010 RCRA 3008A AO For Comp And/Or Penalty

Essex County Department of Public Works was eligible for Audit Policy relief for SPCC, UST and RCRA violations. Economic benefit was insignificant. 02-2009-0913 PAUL'S DRY CLEANERS (SB) 11/19/2009 CAA 113D1 Action For PenaltyPAUL'S DRY CLEANERS, A SMALL BUSINESS, QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR A VIOLATION (FAILURE TOREPAIR A PERCEPTIBLE LEAK IN 24 HOURS) ELIGIBLE FOR SMALL BUSINESS POLICY COVERAGE. GRAVITY BASED PENALTY WOULD HAVE BEEN$300. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2009-1215 PHILADELPHIA FURNITURE,

LLC (SB)06/10/2010 CAA 113D1 Action For Penalty

This facility violated its Part 71 Title V Operating permit. 02-2009-1220 BACARDI CORPORATION 02/24/2010 CAA 113D1 Action For PenaltyEPA found that Bacardi has failed to conduct the initial performance tests required under 60.8 of the NSPS. EPA requested Bacardi to conduct the performance testsand to submit the tests report. Once the test report confirmed that Bacardi met the standards, EPA issued a Complaint and determine that a penalty be imposed forfailing to conduct the tests on time. 02-2009-1221 PREPA SAN JUAN 03/18/2010 CAA 113D1 Action For Penalty





SummaryEPA found that PREPA San Juan has failed to conduct the initial performance tests required under 60.8 of the NSPS. EPA ordered PREPA to conduct theperformance tests and PREPA completed the performance test by May 2009. This penalty order states the penalty proposed by EPA for failure to conduct the initialperformance test on time.02-2009-1226 INERGY MIDSTREAM, LLC 06/01/2010 CAA 113D1 Action For PenaltyRespondent had a Risk Management Plan (RMP) in place at the facility, however, the inspection revealed significant deficiences in multiple areas. 02-2009-1228 COMMONWEALTH OIL

REFINING COMPANY06/02/2010 CAA 113D1 Action For Penalty

Respondent had implemented a Risk Management Plan (RMP) at the facility, but the inspection revealed that there were significant deficiencies in the RMP in multipleareas.02-2009-1229 ALTCHEM ENVIRONMENTAL,

INC. (SB) ET AL.05/10/2010 CAA 113D1 Action For Penalty

Case is regarding Asbestos removal issues at former Owens Corning manufacturing plant. Respondents are the removal contractor and the facility owner. Complaintincludes counts of violations against the Asbestos NESHAP regulations. Case settled by CAFO with Altchem.02-2009-2030 WELCH FOODS, INC. 03/24/2010 CERCLA 109 Action For PenaltyAdministrative complaint issued for violations of the requirements of CERCLA 103 and EPCRA 304 for failure to provide prompt notification to the NRC, the SERC andthe LEPC of a reportable release at the Respondent's facility.02-2009-3310 CROSMAN 6 12/04/2009 CWA 309G2A AO For Class I PenaltiesFacility exceeded limits for zinc set at 40 CFR 433.15 on multiple occasions. Facility given order to correct deficiencies. 02-2009-3312 CINNAMINSON SEWERAGE

AUTHORITY10/07/2009 CWA 309G2A AO For Class I Penalties

Cinnaminson S.A. did not submit their sixteenth annual sludge report by February 19, 2009.02-2009-3313 WESTERN MONMOUTH

UTILITIES AUTHORITY10/07/2009 CWA 309G2A AO For Class I Penalties

Western Monmouth UA did not submit their sixteenth annual sludge report by February 19, 2009.02-2009-3314 VILLAGE OF DANSVILLE

WASTEWATER TREATMENTPLANT

10/07/2009 CWA 309G2A AO For Class I Penalties

Village of Dansville WWTP did not submit their sixteenth annual sludge report by February 19, 2009. 02-2009-3317 VORNADO REALITY TRUST 04/12/2010 CWA 309G2A AO For Class I PenaltiesFacility failed to submit a Notice of Intent and a SWPPP to obtain a General Storm Water Permit for Construction Activity.





Summary02-2009-3404 ROBINSON CONCRETE, INC. 03/18/2010 CWA 309G2B AO For Class II PenaltiesRobinson Concrete operated without an individual or storm water permit. The facility applied for an individual permit in December 2006, but then applied for MSGPcoverage in July 2008. The facility obtained MSCP coverage in August 2008.02-2009-3405 LANDMARK AT RAHWAY, LLC 02/02/2010 CWA 309G2B AO For Class II PenaltiesPark Square construction site in Rahway, NJ failed to maintain required stormwater documentation and best management practices, as required by NJDEP'sConstruction Activity Stormwater General Permit.02-2009-3452 CARAM CONSTRUCTION, INC. 02/16/2010 CWA 309G2B AO For Class II PenaltiesRESPONDENT WAS FOUND IN VIOLATION OF THE NPDES STORM WATER CONSTRUCTION GENERAL PERMITS, FOR FAILURE TO DEVELOP ANDIMPLEMENT A COMPLETE SWPPP, FAILURE TO CONDUCT INSPECTIONS.02-2009-3454 MUNICIPALITY OF CAYEY 02/12/2010 CWA 309G2B AO For Class II PenaltiesComplaint is issued against respondent for its faiulre to apply for an NPDES Storm Water Permit. On February 16, 2008, EPA issued against the Respondent a Administrative Compliance Order (ACO) for its failure to submit a Notice of Intent (NOI) application asrequired by 40CFR 122.23(a) for the MS4 GP. The Respondent failed to comply with the ACO, and on March 31, 2009 EPA issued a Class II Civil Penalty. OnFebruary 12, 2010, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of an enforcement action brought against the Respondent. Under thesettlement, the Respondent will perform a supplemental environmental project (SEP) that consists of the construction of two retaining walls and a storm watercollection system to eliminate unstable slope conditions, and to prevent erosion and sedimentation at an unnamed creek, tributary of Río La Plata, a water of theUnited States. The SEP also includes the removal of accumulated debris on the slope sides and reforestation of the impacted area. Under the settlement,Respondent will also pay a civil penalty.02-2009-3455 MUNICIPALITY OF HATILLO 02/10/2010 CWA 309G2B AO For Class II PenaltiesComplaint is issued against Respondent for faiulre to apply for an NPDES Storm Water Permit. On February 16, 2008, EPA issued against the Respondent an Administrative Compliance Order (ACO) for its failure to submit a Notice of Intent (NOI) application asrequired by 40CFR 122.23(a) for the MS4 GP. The Respondent failed to comply with the ACO, and on March 31, 2009 EPA issued a Class II Civil Penalty. OnFebruary 10, 2010, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of an enforcement action brought against the Respondent. Under thesettlement, the Respondent will perform a supplemental environmental project (SEP) that consists of eliminating and replacing four existing septic tanks and toconstruct a rural storm water collection and discharge system in the Capilla Sector Community, Aibonito Ward, Hatillo, Puerto Rico, and pay a penalty. 02-2009-3458 MUNICIPALITY OF RIO

GRANDE03/08/2010 CWA 309G2B AO For Class II Penalties





SummaryComplaint is issued against respondent for its faiulre to apply for an NPDES Storm Water Permit. On February 5, 2008, EPA issued against the Respondent an Administrative Compliance Order (ACO)(CWA-02-2008-3131) for its failure to submit a Notice of Intent(NOI) application as required by 40CFR 122.23(a) for the MS4 GP. The Respondent failed to comply with the ACO, and on March 31, 2009 EPA issued a Class IICivil Penalty (CWA-09-2009-3458). On March 8, 2010, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of an enforcement action broughtagainst the Respondent. Under the settlement, the Respondent will perform a Supplemental Environmental Project (SEP) that consists of the performance of aHydrologic and Hydraulic Study of an unnamed creek located in the Malpica Comunity and pay a penalty.02-2009-3459 MUNICIPALITY OF TOA ALTA 04/16/2010 CWA 309G2B AO For Class II PenaltiesComplaint is issued against respondent for its faiulre to apply for an NPDES Storm Water Permit.02-2009-3460 WYETH PHARMACEUTICALS

COMPANY, INC,03/18/2010 CWA 309G2B AO For Class II Penalties

COMPLAINT IS ISSUED TO ASSESS PENALTIES FOR VIOLATIONS OF THE NPDES PERMIT RELATED TO MONITORING AND OPERATION ANDMAINTENANCE OF DISCHARGE PIPE. IN ADDITION, COMAPLAINT CITES VIOLATIONS OF DISCHARGES WITHOUT A PERMIT. AS A RESULT OFSETTLEMENT NEGOTIATIONS, THE PARTIES AGREED ON A CASH PENALTY. THE AGENCY IS ALSO SIMULTANEOUSLY ISSUING AN ORDER ONCONSENT (AOC) TO ADDRESS THE VIOLATIONS CITED IN THE COMPLAINT. 02-2009-4002 EASTERN ALLOYS, INC. 12/11/2009 EPCRA 325 Action For PenaltyThis case addresses a facility located in Maybrook, NY which failed to file Tier 2 reporting forms, as required by EPCRA Section 312, to the SERC, LEPC, and firedepartment for years 2007 and 2008. The parties settled the matter with payment of a penalty. 02-2009-4102 VECKRIDGE CHEMICAL

COMPANY, INC. (SB)03/29/2010 EPCRA 325 Action For Penalty

The facility filed untimely Form R reports under EPCRA Section 313 for calendar year 2006 for ammonia, formic acid, methanol, n-butyl alcohol, and nitric acid. Theforms were due July 1, 2007. They were submitted to EPA on April 19, 2008. The forms were 293 days late.02-2009-4106 STATE METAL INDUSTRIES,

INC.12/28/2009 EPCRA 325 Action For Penalty

This was a Desktop Inspection. The facility failed to file TRI Form R reports for aluminum (fume or dust) for years 2004 through 2007. The reports were filed onDecember 2, 2008. 02-2009-4110 BASF CORPORATION 11/10/2009 EPCRA 325 Action For PenaltyBASF Corporation disclosed under the Audit Policy on June 5, 2008 that it had failed to file TRI Form R reports for barium compounds for years 2005 and 2006. EPAoffered a 75% penalty mitigation under the Audit Policy. 02-2009-5211 HYGIENICAIRE, INC. (SB) 04/20/2010 FIFRA 14A Action For PenaltyThis action is being taken for violations of FIFRA Sections 12(a)(1)(A) -- sale, or offering for sale, unregistered pesticide. This complaint includes violations fromNYDEC inspections of HygienicAire that was conducted, on January 3, 2008 and February 11, 2008.





Summary02-2009-7106 SUPREME ASSET

MANAGEMENT, INC. (SB)02/17/2010 RCRA 3008A AO For Comp And/Or Penalty

SAMR illegally exported Hazardous Waste, failed to prepare manifests when offering hazardous waste for transport and failed to timely respond to a RCRA 3007Information request letter. The Respondent failed to submit notifications to EPA and failed to maintain proper documentation with respect to their export of CRTs. Because of that, the CRTsfailed to meet the conditional exclusion from the definition of solid waste/hazardous waste. Therefore, their exports of CRTs constituted exports of hazardous waste.They have since notified EPA and, we expect, are now maintaining the appropriate records to meet the exclusion. Therefore, their exports CRTs no longer constituteexports of hazardous waste. There is no cost associated with the waste minimization since the cost for the notification and recordkeeping is reflected under FMIP. 02-2009-7108 MCHONE INDUSTRIES, INC.

(SB)03/10/2010 RCRA 3008A AO For Comp And/Or Penalty

McHone Industries produces steel tubing using bending, stamping, cutting, laser etching, welding, assembly, and powder coating operations, and is located on SenecaNation of Indians land. A RCRA CEI was conducted in response to the facility's off-site shipment to a solid waste landfil of six drums of waste that was subsequentlydetermined to be hazardous waste for the toxicity characteristic of chromium. In the landfill's process of staging these containers, hazardous waste was accidentlyreleased into the environment. The CEI determined that the chromium waste was generated from a laser etching operation, and that the facility was in violation ofmost safe harbor provisions for small quantity generators. The Complaint cites these provisions (as failing to obtain a permit) and McHone's failure to make hazardouswaste determinations and to use manifests to ship these hazardous waste. McHone admitted to these violations and agreed to a settlement.02-2009-7147 KMART - UNITED STATES

VIRGIN ISLANDS05/18/2010 RCRA 3008A AO For Comp And/Or Penalty

Kmart facilities failed to label containers with the accumulation start date and the words hazardous waste and keep manifests. Kmart facilities also failed to properlymanage their universal waste lamps, improperly managing over 8,000 waste lamps. 02-2009-7305 CARIBBEAN AIRPORT

FACILITIES, INC.11/18/2009 RCRA 7003 AO For Imminent Hazard

Groundwater and soil contamination and faulty pipeline equipment. 2) Investigation of extent of contamination and repair/removal of faulty equipment.02-2009-7503 MANLEY'S MIGHTY MART LLC 12/31/2009 RCRA 9006 AO For Comp And/Or Pen (UST)Manleys Mighty Mart LLC owns approximately 20 Service Stations in the Binghamton New York, metropolitan area, and it was found that they have not been providingannual tests to their automatic line leak detectors. 02-2009-7505 U.S. DEPARTMENT OF

HOMELAND SECURITY12/30/2009 RCRA 9006 AO For Comp And/Or Pen (UST)

Violations involve one UST system owned and operated by Respondent at its facility in Old San Juan, Puerto Rico - specifically: Failure to Provide CorrosionProtection for UST Steel Piping in Contact with Ground; and Failure to Have UST Overfill Prevention Equipment. Relief sought includes provision of corrosionprotection and overfill prevention and payment of a penalty.





Summary02-2009-7506 PUERTO RICO AIR NATIONAL

GUARD (FF) - U.S. AIR FORCE06/28/2010 RCRA 9006 AO For Comp And/Or Pen (UST)

Count 1: Failure to Notify EQB of Required Information for UST Systems 1 and 2 Count 2: Failure to Provide Required Release Detection Monitoring and to Maintain Release Detection Records for Tanks 1 and 2 Count 3: Failure to Provide Required Release Detection Monitoring and to Maintain Release Detection Records for Pressurized Piping for UST Systems 1 and 2 Count 4: Failure to Conduct an Annual Test of the Operation of the Automatic Line Leak Detectors (ALLDs) for Pressurized Piping for UST Systems 1 and 2 and toMaintain Records of the Tests 02-2009-7507 US DEPT OF THE ARMY, &

ARMY & AIR FORCEEXCHANGE SERVICE, WESTPOINT GARRISON (FF)

06/18/2010 RCRA 9006 AO For Comp And/Or Pen (UST)

Failure to Triennially Test, and to Maintain the Results of Testing from the Last Two Triennial Tests, of the Cathodic Protection System; Failure to Monitor for ReleasesEvery 30 Days and to Maintain the Results for 12 Months; Failure to Respond Appropriately to Indications of Release from UST System, Failure to Provide AdequateSpill Prevention; Failure to Conduct an Annual Test of the Automatic Line Leak Detectors and to Maintain Records of the Test.02-2009-8404 MARICAO SYSTEM 12/30/2009 SDWA 1414G3 AO For Penalties (PWS)System failed to comply with a previously issued AO, ordering Respondent to comply with the individual filter monitoring requirements of the LT1ESWTR by December30, 2005.02-2009-8405 ANONES PWS 12/30/2009 SDWA 1414G3 AO For Penalties (PWS)System failed to comply with the requirements of a previously issued AO, requiring compliance with the combined filter turbidity effluent requirements by December 2,2005. 02-2009-8407 GUZMAN ARRIBA PUBLIC

WATER SYSTEM ET AL.01/12/2010 SDWA 1414G3 AO For Penalties (PWS)

System failed to comply with a previously issued AO, ordering Respondent to comply with the individual filter monitoring requirement of the LT1ESWTR. Respondent has agreed to pay a penalty and settle the case. Consent Agreement and Final Order has been signed by Respondent.02-2009-9168 APARTMENTS R US (SB) 07/28/2010 TSCA 16 Action For PenaltyOwner of several small apartment buildings in Jersey City was not doing lead based paint disclosure for leasing.





Summary02-2009-9170 MERIDIAN PROPERTY

SERVICES, INC.02/09/2010 TSCA 16 Action For Penalty

Company holds five investment properties and rents approximately 11 units out to residential tenants. Disclosure was not completed for most transactions. 02-2009-9243 AMPACET CORPORATION 08/05/2010 TSCA 16 Action For PenaltyViolations of the TSCA Section 8 Inventory Update Rule (Failure to Report). 02-2009-9267 WOLFE LANDAU (SB) 03/24/2010 TSCA 16 Action For PenaltyRespondent is the owner/lessor/agent for at least 25 buildings which are comprised of approximately 317 units, located primarily in Brooklyn, NY. Respondent did notcomplete any disclosure procedures for at least 8 tenants. Thirty leases were requested and reviewed after the Respondent provided a list of 26 properties, one ofwhich was an empty lot, and one of which is his private residence. The Complaint is based on total non-disclosure for 8 tenants. Complaint was originally referred toEPA by HUD, and documents were received from Respondent in response to a subpoena.02-2010-0802 MTA EAST NEW YORK 11/04/2009 EPCRA 325 Action For PenaltyMTA EAST NEW YORK NON-REVENUE FACILITY QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR THE VIOLATION UNDER EPA'SAUDIT POLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0803 NYSOMH KINGSBORO

PSYCHIATRIC CENTER02/17/2010 RCRA 3008A AO For Comp And/Or Penalty

NYSOMH KINGSBORO PSYCHIATRIC CENTER QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR NONCOMPLIANCE WITH RCRA,CWA AND CAA VIOLATIONS ELIGIBLE FOR AUDIT POLICY COVERAGE. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0804 L&L REDI-MIX, INC. 02/23/2010 CWA 311B6B1 AO For Class I PenaltyA 11/11/2009 DISCLOSURE FOR L&L REDI-MIX (THREE FACILITIES) REPORTED POSSIBLE NONCOMPLIANCE WITH CLEAN WATER ACT, SPILLPREVENTION, CONTROL AND COUNTERMEASURES. THE DISCLOSURE QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES UNDEREPA'S AUDIT POLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0805 MTA GRAND AVENUE

CENTRAL MAINTENANCEFACILITY AND BUS DEPOT

02/17/2010 RCRA 3008A AO For Comp And/Or Penalty

MTA'S GRAND AVENUE CENTRAL MAINTENANCE FACILITY AND BUS DEPOT QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FORDISCLOSED VIOLATIONS (CLEAN AIR ACT, RESOURCE CONSERVATION AND RECOVERY ACT, AND CLEAN WATER ACT) ELIGIBLE FOR EPA'S AUDITPOLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0806 CENTRAL NEW YORK

PSYCHIATRIC CENTER -NYSOMH


NYSOMH CENTRAL NEW YORK PSYCHIATRIC CENTER QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLEFOR AUDIT POLICY RELIEF. ECONOMIC BENEFIT WAS INSIGNIFICANT.





Summary02-2010-0808 THE PHILLIPS COMPANIES 03/31/2010 CWA 311B6B1 AO For Class I PenaltyThe five Phillips Company facilities qualified for 100% penalty relief for violations eligible for EPA's Audit Policy. Economic benefit was insignificant.02-2010-0809 COLONIAL CONCRETE

COMPANY03/29/2010 CWA 311B6B1 AO For Class I Penalty

THE FOUR COLONIAL CONCRETE COMPANY FACILITIES QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLEFOR EPA'S AUDIT POLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0810 REUTHER MATERIAL

COMPANY03/31/2010 CWA 311B6B1 AO For Class I Penalty

REUTHER MATERIAL COMPANY QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLE FOR EPA'S AUDITPOLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0811 EASTERN CONCRETE

MATERIALS, INC.05/26/2010 CWA 311B6B1 AO For Class I Penalty

EASTERN CONCRETE MATERIALS, INC. DISCLOSED SPCC VIOLATIONS AT 14 OF ITS PLANTS WHICH QUALIFIED FOR 100% MITIGATION OF GRAVITYBASED PENALTIES FOR VIOLATIONS ELIGIBLE FOR EPA'S AUDIT POLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0813 NEW YORK STATE

PSYCHIATRIC INSTITUTE -NYSOMH


NYSOMH NYS PSYCHIATRIC INSTITUTE QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLE FOR EPA'SAUDIT POLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0816 MANTH BROWNELL INC. (SB) 05/26/2010 EPCRA 325 Action For PenaltyMANTH BROWNELL INC, A SMALL BUSINESS, QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR FAILURE TO SUBMIT FORM RREPORTS FOR COPPER, REPORTING YEARS 2006, 2007 AND 2008. ECONOMIC BENEFIT IS INSIGNIFICANT.02-2010-0817 EASTERN CONCRETE

MATERIALS, INC. - BOGOTA, NJ06/22/2010 EPCRA 325 Action For Penalty

This was a self-disclosure under the Audit Policy. The facility failed to file a timely TRI Form R report for nitrate compounds for calendar 2008.02-2010-0820 EASTERN CONCRETE

MATERIALS, INC. - ROSELAND,NJ


This was a self-disclosure under the Audit Policy. The facility failed to file a timely TRI Form R report for nitrate compounds for calendar 2008.





Summary02-2010-0821 EASTERN CONCRETE

MATERIALS, INC. - W. NYACK,NY



MATERIALS, INC. - SECAUCUS06/22/2010 EPCRA 325 Action For Penalty


MATERIALS, INC. -WASHINGTON BLVD., JERSEYCITY



MATERIALS, INC. - BROADWAY,JERSEY CITY, NJ



MATERIALS, INC. - E. NEWARK,NJ


This was a self-disclosure under the Audit Policy. The facility failed to file a timely TRI Form R report for nitrate compounds for calendar 2008.02-2010-0826 TESSY PLASTICS

CORPORATION07/19/2010 EPCRA 325 Action For Penalty

TESSY PLASTICS CORPORATION QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLE FOR EPA'S AUDITPOLICY. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0827 SEMICONDUCTOR PACKAGING

MATERIALS, INC.07/29/2010 EPCRA 325 Action For Penalty

SEMICONDUCTOR PACKAGING MATERIALS QUALIFIED FOR 100% WAIVER OF GRAVITY BASED PENALTIES FOR CAA AND EPCRA VIOLATIONSELIGIBLE FOR AUDIT POLICY RELIEF. ECONOMIC BENEFITS WERE INSIGNIFICANT.02-2010-0828 ARCADIS U.S., INC. 06/22/2010 EPCRA 325 Action For PenaltyTHE TWO ARCADIS FACILITIES IN LAKE SUCCESS, NY QUALIFIED FOR TOTAL MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLEFOR AUDIT POLICY RELIEF. ECONOMIC BENEFIT WAS INSIGNIFICANT.





Summary02-2010-0831 MOHAWK VALLEY

PSYCHIATRIC CENTER -NYSOMH


NYSOMH MOHAWK VALLEY PSYCHIATRIC CENTER QUALIFIED FOR 100% MITIGATION OF GRAVITY BASED PENALTIES FOR VIOLATIONS ELIGIBLE FORAUDIT POLICY RELIEF. ECONOMIC BENEFIT WAS INSIGNIFICANT.02-2010-0847 AMERICAN PRECISION

INDUSTRIES, INC.06/22/2010 EPCRA 325 Action For Penalty

This was a self-disclosure under the Audit Policy. 100% Penalty mitigation was granted. The facility filed late TRI Form R reports for lead for years 2004 and 2005The facility came into compliance August 27, 2007.02-2010-1001 TONAWANDA COKE

CORPORATION01/07/2010 CAA 113A Admin Compliance Order (Non-Penalty)

TCC owns and operates a coke oven in Tonawanda, NY. The facility was inspected during the week of April 13, 2009. Numerous violations of both the NESHAPsand the MACT were found. Source became a furnace manufacturer in 2007 and 2008 and therefore, a number of process tanks previously not controlled were nowrequired to be controlled. Also TCC did not implement a proper LDAR program to detect equipment leaks. For the BWON requirements, TCC failed to identify all thewaste streams to determine the facility TAB. With respect to the MACT regulations, TCC failed to document when repairs were made to leaks in the collector mainand failed to provide annual refresher training to the coke oven operators. TCC also failed to submit test protocol to complete emissions testing on the main under-firestack, the boiler stack and for the ammonia stripper inlet waste and failed to submit a QAPP for DIAL testing at the coke oven. Pursuant to an inspection done in April 2009 and a compliance order issued on January 7, 2010, TCC has undertaken several projects to reduce emissions at thefacility. Previously, TCC used the ammonia still to strip the ammonia and other pollutants from the weak ammonia liquor and vented it directly to the atmosphere.TCC discontinued this practice and is now combusting the vent stream in the boiler. 02-2010-1002 TONAWANDA COKE


Violation of Part 214 of the NYS SIP and title V. Operating quench towers without baffles and not collecting and analyzing the appropriate number of samples for thequench tower make-up water.02-2010-1005 TONAWANDA COKE


Administrative order issued for violations of the general duty clause provisions of the Clean Air Act. The order requires Respondent to take actions including repair ofequipment, and an assessment of the Facility.02-2010-1007 AERO-CLEAN DEMOLITION

CONTRACTORS, INC. (SB)07/30/2010 CAA 113A Admin Compliance Order (Non-Penalty)

Belated notifications.





Summary02-2010-1008 ENVIRONMENTAL

MAINTENANCECONTRACTORS, INC. (SB)

07/30/2010 CAA 113A Admin Compliance Order (Non-Penalty)

Belated notifications.02-2010-1202 OLYMPIC REGIONAL

DEVELOPMENT AUTHORITY(SB)

11/18/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Administrative complaint issued for failure to perform a required 5-year Risk Management re-submission.02-2010-1203 ELMIRA WATER FILTRATION

PLANT11/18/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Administrative complaint issued for failure to perform a required 5-year Risk Management Program re-submission.02-2010-1204 ADM MILLING COMPANY (SB) 10/28/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramThe case was taken since the inspection revealed that although the facility had a RMP in place, it was deficient in the several areas. 02-2010-1211 HIGH FALLS BREWERY 11/18/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramAdministrative complaint issued for failure to perform a required 5-year Risk Management Program re-submission.02-2010-1212 WEGMAN'S FOOD MARKETS,

INC. - FRESH FOODS FACILITY01/12/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Administrative complaint issued for failure to perform a required 5-year Risk Management Plan re-submission.02-2010-1213 ALLIED FROZEN STORAGE 12/09/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramAdministrative complaint issued for failure to perform a required 5-year Risk Management Program re-submission.02-2010-1214 DOW CHEMICAL 12/09/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramAdministrative complaint issued for failure to perform a required 5-year Risk Management Plan re-submission.02-2010-1215 DUNKIRK WASTEWATER

TREATMENT FACILITY12/23/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Administrative complaint issued for failure to perform a required 5-year Risk Management Plan re-submission.02-2010-1217 FALCON SAFETY PRODUCTS,

INC. (SB)02/17/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Administrative complaint issued for failure to perform a required 5-year Risk Management Plan re-submission. 02-2010-1218 NORTH LAWRENCE DAIRY,

INC.12/23/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





SummaryAdministrative complaint issued for failure to perform a required 5-year Risk Management Plan re-submission.02-2010-1219 PRASA, NORTH COAST

SUPERAQUEDUCT PROJECT01/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This case was taken because, although the facility had a RMP in place, it was deficient in several areas.02-2010-1220 VEGA BAJA WASTEWATER

TREATMENT PLANT01/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This case was taken because, although the facility had a RMP in place, it was deficient in several areas.02-2010-1221 ISABELA WASTEWATER


This case was taken because, although the facility had a RMP in place, it was deficient in several areas.02-2010-2001 CLEAN HARBORS

ENVIRONMENTAL SERVICES,INC. ET AL.


Administrative Order issued unilaterally for a CERCLA RD at the Mercury Refining site. Clean Harbors Environmental Services, Inc. and Qwest CommunicationsInternational, Inc. are required to coordinate and cooperate with Brambles Environmental Inc. et al. The injunctive relief and value of the RD is attributed, in ICIS, tothe AOC issued to Brambles Environmental et al., CERCLA-02-2009-2020.02-2010-2003 CSX TRANSPORTATION, INC. 02/01/2010 CERCLA 122h Agrmt For Cost RecoveryThis is an Administrative Settlement Agreement under Section 122(h) of CERCLA that provides for payment, plus interest, representing a 100% recovery of EPA sunreimbursed past costs associated with the Canastota/Oneida Train Derailment Site in Oneida, New York. The Respondent to the Order, CSX Transportation( CSX ), owned and operated the rail line where the derailment occurred in March of 2007. The derailment caused the release of inter alia, liquefied petroleum gas,toluene, and ferric chloride and CSX conducted a cleanup. EPA incurred costs in overseeing CSX s response and this Settlement recovers those costs. 02-2010-2004 ULTIMATE, LLC ET AL. 11/03/2009 CERCLA 104E5A AO For Access And/Or Info





SummaryThe Order, issued pursuant to Section 104(e)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA ), 42 U.S.C. § 9604(e)(5), directs Ultimate, LLC, and its president, Shaun Cole ( Respondents ), to provide EPA with access to the Site property, a 0.86 acre parcel that includes anabandoned warehouse. From 1986 until 1994, Kenneth Cochrane operated Kenco Chemical Company, Inc., a commercial chemical company, at the Site. Mr. Cochrane is deceased andKenco is defunct. In 1999, Ultimate, LLC purchased the Site. In October 2006, a site assessment for a nearby property transaction identified high concentrations oftetrachloroethene ( PCE ), and its degradation products in groundwater at levels up to 100,000 parts per billion ( ppb ). After determining that the Site is thecontamination source, the New York State Department of Environmental Conservation ( NYSDEC ) requested that EPA conduct a removal action to address soil andgroundwater source areas and suspected chemical drums in the warehouse. Region 2 issued the Order after Respondents repeatedly refused to provide EPA withaccess. EPA believes that entry is needed to perform a removal site evaluation, including but not limited to, sampling of soil, drums, groundwater and other media,and, if warranted based on the results of the removal site evaluation, a removal action which may potentially include such measures as excavation and off-Sitedisposal of contaminated soils, backfilling of excavated areas, off-Site disposal of chemical containers, and soil and/or groundwater treatment.02-2010-2009 BROOKLYN UNION GAS CO. D/

B/A NATIONAL GRID NY04/29/2010 CERCLA 122A/104A Agrmt For RI/FS

On April 29, 2010, Region 2 entered into an Administrative Order and Settlement Agreement (AOC) with National Grid relating to the Gowanus Canal Superfund Site( Site ), which is located in Brooklyn, New York. As a result of years of discharges, storm water runoff, sewer outflows and industrial pollutants, the Canal isextensively contaminated with PCBs, coal tar wastes, heavy metals and volatile organics. The AOC provides for the installation and sampling of groundwatermonitoring wells at Respondent s former properties along the Gowanus Canal in support of the EPA s ongoing remedial investigation/feasibility study ( RI/FS ). TheAOC also provides for the performance of additional work that may be identified by the parties to support EPA s RI/FS, and for reimbursement of EPA s oversightcosts.02-2010-2010 QUALITY DISTRIBUTION, INC. 04/15/2010 CERCLA 122h Agrmt For Cost RecoveryThe Settling Agreement for Recovery of Operable Unit Three Past Response Costs concerns the Chemical Leaman Tank Lines, Inc. Superfund Site (the "Site")located in Logan Township. Gloucester County, New Jersey. The Site is divided into three operable units. Operable Unit Three, the subject of this SettlementAgreement, addresses wetlands contamination at or near the Site. Quality Distribution, Inc. completed the remedial construction for Operable Unit Three in June2006, and has been conducting operation and maintenance work since that time. Pursuant to the Settlement Agreement, the U.S. Environmental Protection Agency("EPA") will be reimbursed costs the Agency has incurred in overseeing Operable Unit Three response work performed by Quality Distribution, Inc. The SettlementAgreement is issued by EPA pursuant to Section 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act and requires the QualityDistribution, Inc. to reimburse EPA for costs incurred by the Agency through January 31, 2010. 02-2010-2011 CITY OF NEW YORK 04/29/2010 CERCLA 122A/104A Agrmt For RI/FS





SummaryOn April 29, 2010, Region 2 entered into an Administrative Order and Settlement Agreement (AOC) with New York City relating to the Gowanus Canal Superfund Site( Site ), which is located in Brooklyn, New York. As a result of years of discharges, storm water runoff, sewer outflows and industrial pollutants, the Canal isextensively contaminated with PCBs, coal tar wastes, heavy metals and volatile organics. The AOC provides for the installation and sampling of groundwatermonitoring wells at Respondent s former properties along the Gowanus Canal in support of the EPA s ongoing remedial investigation/feasibility study ( RI/FS ). TheAOC also provides for the performance of additional work that may be identified by the parties to support EPA s RI/FS, and for reimbursement of EPA s oversightcosts.02-2010-2012 STANDARD CHLORINE

CHEMICAL CO., INC. ET AL.06/03/2010 CERCLA 106 AO For Resp Action/Imm Haz

EPA has determined that the condition of several structures at the Site may lead people entering the Site to be exposed to hazardous substances. 2) The settlingparties have agreed to secure the buildings located on the eastern portion of the Site within the inner fenced area, and to maintain the fence and warning signs, toreduce the threat of exposure and of off-site migration of hazardous substances. 02-2010-2016 DENNIS R. MCCONNELL, ESQ.

EXECUTOR FOR THE ESTATEOF ANNA MCCONNELL

04/02/2010 CERCLA 104E5A AO For Access And/Or Info

EPA's removal branch received a request to test a dump site located on two adjacent properties in Byram Township. NJ DEP suspected that these dump sites werethe source of TCE contamination of the ground water. One property owner provided access voluntarily, the other refused access. A unilateral order for access wasissued to allow sampling on this property.02-2010-2017 SHIELDALLOY

METALLURGICALCORPORATION ET AL.


The Shieldalloy Metallurgical Corporation Site, located in the Borough of Newfield, Gloucester County and in the City of Vineland, Cumberland County, New Jersey,consists of approximately 87.5 acres. Shieldalloy Metallurgical Corporation commenced operations at the manufacturing facility in approximately 1955, processingores and minerals to produce primary metals, specialty metals and ferroalloys. The principal production processes included aluminothermic and reduction smelting ofores, which produced metal, slag, and other by-products. SMC ceased operations at the facility in 2006. In 1983, the Site was listed on the National Priorities List pursuant to CERCLA Section 105, 42 U.S.C. § 9605. Thereafter, SMC entered into several administrativeconsent orders with the New Jersey Department of Environmental Protection. In 2008, EPA assumed lead oversight responsibility with regard to additional remedialinvestigation, feasibility study and remedial design activities at the Site. USEPA, SMC and TRC Companies, Inc., the work party, have entered into an Administrative Settlement Agreement and Order on Consent for the performance of anRI/FS and remedial design at the Site. The Settlement Agreement requires the Respondents to complete an RI/FS to determine the nature and extent of thecontamination at the Site, to design the remedy for the remedial action and to pay EPA s oversight costs. 02-2010-2019 ALCO INDUSTRIES, INC. ET AL. 06/02/2010 CERCLA 106 AO For Resp Action/Imm Haz





SummaryOn September 30, 2009, EPA issued a record of decision for Operable Unit 1 of the remedial action at the Lightman Drum Company Superfund Site. Subsequently,On November 5, 2010, EPA issued a general notice letter to 22 PRPs offering them an opportunity to finance and perform the OU-1 remedial design and remedialaction. Although the Respondents offered to negotiate a consent decree, the offer was subject to the completion of on-going allocation negotiations among theRespondents to fund the RD/RA. They attempted to reach an allocation agreement, but the Respondents recently advised EPA that are unable to do so and are notpresently in a position to negotiate the terms of a consent decree. Therefore, the Region has decided to issue a unilateral administrative order for the RD/RA.02-2010-2020 FORD MOTOR COMPANY 05/24/2010 CERCLA 122A/104A Agrmt For RI/FSFord is currently performing supplemental investigations at the Ringwood Mines/Landfill Site pursuant to an Administrative Order on Consent and SettlementAgreement for Investigative Work, CERCLA 02-2005-2013, entered into by Ford and EPA in September 2005 (the 2005 AOC ). Certain work remains to be completedwhich Ford was required to do pursuant to the 2005 AOC. That work (the 2005 Work), including payment to EPA of all unreimbursed EPA response costs that Fordwas required to pay to EPA under the 2005 AOC, shall now be performed pursuant to Administrative Settlement Agreement and Order on Consent for RemedialInvestigation/Feasibility Study, CERCLA 02-2010-2020 ( 2010 AOC ). The 2010 AOC requires the preparation and performance of an RI/FS for four areas of concern at the Site: the Peters Mine Pit Area, the Cannon Mine Pit Area, theO Connor Disposal Area and the Site-related groundwater contamination.02-2010-2022 JOYCE A. KJELLGREN 05/28/2010 CERCLA 104E5A AO For Access And/Or InfoOn May 28, 2010, Region 2 issued an Administrative Order Directing Compliance with Access relating to the Gowanus Canal Superfund Site ( Site ), which is locatedin Brooklyn, New York. As a result of years of discharges, storm water runoff, sewer outflows and industrial pollutants, the Canal is extensively contaminated withPCBs, coal tar wastes, heavy metals and volatile organics. The Order requires the landowner, Joyce Kjellgren, to provide access for EPA's installation and samplingof groundwater monitoring wells at her property along the Gowanus Canal in support of the EPA s ongoing remedial investigation/feasibility study ( RI/FS ).02-2010-2025 PETER S. AUSTIN ET AL. 07/22/2010 CERCLA 122h Agrmt For Cost RecoveryVapor intrusion remedy performed by owner; recovery of costs incurred for oversight of private-party removal.02-2010-2026 BOROUGH OF RINGWOOD 07/22/2010 CERCLA 106 AO For Resp Action/Imm HazEPA has issued a Unilateral Administrative Order to the Borough of Ringwood to cooperate and participate with Ford Motor Company's performance of the RI/FS atthe Site. Ford Motor Company, a responsible party at the Ringwood Mines/Landfill Superfund Site, is currently performing supplemental investigations at theRingwood Mines/Landfill Site pursuant to Administrative Settlement Agreement and Order on Consent for Remedial Investigation/Feasibility Study, CERCLA02-2010-2020. The AOC requires Ford to perform an RI/FS for four areas of concern at the Site: the Peters Mine Pit Area, the Cannon Mine Pit Area, the O ConnorDisposal Area and the Site-related groundwater contamination. Injunctive relief has been included in the CCDS for Ford Motor Company.02-2010-3001 WESTERLY MARINA, INC. (SB) 10/20/2009 CWA 309A AO For ComplianceFacility failed to obtain coverage under the Multi-Sector General Storm Water Permit for Industrial Facilities Non-Construction.02-2010-3002 MULLER BOAT WORKS, INC.

(SB)10/20/2009 CWA 309A AO For Compliance

Site inspection indicates facility has failed to obtain coverage under the Multi-Sector General Storm Water Permit.





Summary02-2010-3003 CADDELL DRY DOCK AND

REPAIR COMPANY, INC.11/12/2009 CWA 309A AO For Compliance

Caddell Dry Dock obtained coverage under the NYSDEC s SPDES Individual Discharge Permit (NY0033090) on February 1, 2006. Stormwater from the site caneither discharge into the Kill Van Kull or to a municipal combined sewer system. At the time of the inspection, August 18, 2009, Caddell failed to implement BMPs,conduct annual BMP plan review and weekly/annual inspection records as required by the permit. Immediately following the reciept of this Order, Caddell shalleliminate wash water discharge. Within 30 calender days of reciept of this Order, Caddell shall implement the BMP plan.02-2010-3005 NYCDEP 26TH WARD WATER

POLLUTION CONTROL PLANT10/16/2009 CWA 309A AO For Compliance

NYCDEP 26th Ward Regulator No. 1 collapsed causing 1.8 Million Gallons of raw sewage to discharge into Hendrix Creek/Jamaica Bay in Brooklyn NY. This Orderrequires NYC to stabilize and repair the regulator, maximize flow to the treatment plant and maximize storage in the collection system. It also requires NYC toevaluate raising the overflow weir to minimize CSOs.02-2010-3006 VIKING BOAT YARD (SB) 11/20/2009 CWA 309G2A AO For Class I PenaltiesFacility failed to obtain coverage and implement under the SPDES Multi-Sector Storm Water Permit Non-Construction.02-2010-3007 CORTLANDT YACHT CLUB,

INC.12/09/2009 CWA 309A AO For Compliance

Facility failed to obtain a SPDES permit and failure to comply with the SPDES General Permit Requirements for Storm Water Discharges Associated with IndustrialActivity.02-2010-3008 HANOVER RENAISSANCE LLC 02/24/2010 CWA 309A AO For ComplianceThe Renaissance at Hanover had the following violations that required an Administrative Order; failure to take both annual and weekly inspection reports, deficienciesin storm water BMP s and failure to implement the waste portion of the SPPP. 02-2010-3009 VILLAGE OF CASTLETON-ON-

HUDSON MS401/12/2010 CWA 309A AO For Compliance

Based on the findings of the MS4 audit conducted by EPA on June 23-25, 2009, the Village of Castleton-on-Hudson is in non-compliance with its MS4 General Permit.Violations include, but are not limited to, failure to develop, implement, and enforce a public invlovement program; an IDDE program; a constructon storm water runoffmanagement program; a pollution prevention/goodhousekeeping program; and failure to maintain a complete and updated SWMP. 02-2010-3010 VILLAGE OF LARCHMONT 01/26/2010 CWA 309A AO For ComplianceVillage of Larchmont MS4 stormwater requirements to meet under Illicit Discharge Elimination Program.02-2010-3011 COOPER CROSSING 02/23/2010 CWA 309A AO For ComplianceCooper Crossings had the following violations that required an Administrative Order; failure to take both annual and weekly inspection reports, deficiencies in stormwater BMP s, failure to implement the waste portion of the SPPP, failure to report noncompliance items, failure to submit an RFA, and failure to have a spill kit on site. 02-2010-3012 TONAWANDA COKE CORP. 12/17/2009 CWA 309A AO For Compliance





SummaryTonawanda Coke Corp. failed to properly operate and maintain its facility, there were pipe leaks, corroded tanks, flow meters that were not calibrated, and thepretreatment flow meter was in the wrong location. Additionally, per DEC sampling they violated a Total Suspended Solids limitation at Outfall 002 in November 2009.02-2010-3013 CHEVRON PHILLIPS CHEMICAL

PUERTO RICO CORE, LLC12/23/2009 CWA 309A AO For Compliance

Beginning January 1, 2010, CPCPRC LLC shall achieve and comply with the Interim Effluent Limitations set forth in Attachment I to the Order for the specifiedparameters instead of the final Effluent Limitations in Table A-1 of the effective NPDES permit for those same parameters. These Interim Effluent Limitations shallterminate and the Final Effluent Limitations in the effective NPDES permit shall become effective on May 15, 2010 for each parameter. 2) Beginning January 1, 2010, CPCPRC LLC shall evaluate the first two months of weekly, representative monitoring data from the monitoring specified in Table A-1 ofthe effective NPDES permit for the discharge through Outfall 001 for the following parameters: Hexavalent Chromium, Total Sulfide, and Oil and Grease. Thisevaluation shall assess whether this data is in full compliance with the corresponding limits specified in Table A-1 of the permit effective January 1, 2010 for theseparameters. By April 15, 2010 CPCPRC LLC shall submit a report to EPA at the address specified below showing the results of the weekly monitoring. The reportmust specify whether the data is in full compliance with each of the parameters and if not, then which data is violated and whether it is attributable to improperOperation and/or Maintenance. If the data is not in full compliance with any of the limits for these parameters and the noncompliance is not attributable to improperOperation and/or Maintenance, then the report shall also provide a description of the non-compliance and a compliance schedule for achieving compliance with thefinal Effluent Limitation(s) violated with a final compliance date not to exceed October 1, 201002-2010-3014 LEPERGOLE LAND GROUP,

LLC01/12/2010 CWA 309A AO For Compliance

LePergole Land Group, LLC owns a 42 acre residential development construction site in Mays Landing, NJ. The facility had a permit but its Stormwater PollutionPrevention Plan, records of site inspections and annual reports were unavailable. Storm water BMPs required maintenance and/or implementation.02-2010-3015 ROSELAND CONTRACTORS,

LLC ET AL.01/26/2010 CWA 309A AO For Compliance

Roseland Contractors, LLC is the permittee and operates a 9.8 acre residential development construction site in Weehawken, NJ. Port Imperial South BB, LLC is theowner of the site. The site is named the Banana Building and is also known as Henley on Hudson. The facility had a NJ construction stormwater general permit butits stormwater pollution prevention plan was incomplete, records of site inspections and annual reports were unavailable and there were stormwater BMPs that neededto be implemented.02-2010-3016 CREEKSIDE AT DELANCO, LLC 01/12/2010 CWA 309A AO For ComplianceCreekside at Delanco, LLC owns and operates an 18.05 acre residential development construction site called Creekside located in Delanco, NJ. The site had a permitbut its stormwater pollution prevention plan was incomplete, records of site inspections and annual reports were incomplete and there were stormwater BMPs thatneeded to be implemented.02-2010-3017 K-LAND NO. 57, LLC 01/12/2010 CWA 309A AO For Compliance





SummaryK-Land No. 57 LLC owns and operates an approximately 10 disturbed acre residential development construction site in Cinnaminson, NJ called the Village atCinnaminson Harbour. The site had a permit but its stormwater pollution prevention plan was incomplete, records of site inspections and annual reports wereincomplete, and there were inadequate stormwater BMPs.02-2010-3018 STERLING HOMES, LLC 04/05/2010 CWA 309A AO For ComplianceRespondent owns and operates a 20.5 disturbed acre residential development, Carriage Estates, construction site in Barnegat Township, NJ. The facility had a permitbut its stormwater pollution prevention plan was incomplete, records of site inspections and annual reports were incomplete and there were stormwater BMPs thatneeded to be implemented and/or maintained.02-2010-3019 COUNTRY OAKS ET AL. 01/21/2010 CWA 309A AO For ComplianceSite failed to follow the CGP and SWPPP. Erosion and sediment control BMPs were not properly implemented. Relief requested: implement BMPs, follow CGP andSWPPP.02-2010-3020 BARNEGAT DEVELOPMENT,


Barnegat Development, Inc. owns a 30.4-acre residential development construction site in Barnegat, NJ. The facility had a permit but its Stormwater PollutionPrevention Plan, records of site inspections and annual reports were unavailable. Storm water BMPs required maintenance and/or implementation.02-2010-3021 GREENBRIAR STONEBRIDGE

ET AL.01/26/2010 CWA 309A AO For Compliance

Site failed to comply with CGP and SPPP. BMPs for erosion and sediment control were not properly implemented. Relief requested: properly implement BMPs andfollow the CGP and SPPP. Injunctive relief determined by cost of BMPs, according to EPA's website. Sediment loss determined by using the "sediment lossreductions for construction sites" spreadsheet.02-2010-3022 HENRY G. PAGE JR.

DEVELOPMENT, LTD02/17/2010 CWA 309A AO For Compliance

Henry G. Page, Jr. Development, LTD owns and operates an approximately 100 acre residential development construction site, Frank Farm Subdivision, in Lagrange,New York. The site has a permit but its records of site inspections and annual reports were incomplete, and there were inadequate implementation of storm waterBMPs. Relief requested includes SWPPP implementation, site inspections, annual reporting and record retention.02-2010-3023 SHADOW HILL AT STONEGATE

HEIGHTS ET AL.02/17/2010 CWA 309A AO For Compliance

Site failed to follow the CGP and SWPPP. Erosion and sediment control BMPs were not properly implemented. Relief requested: implement BMPs, follow CGP andSWPPP.02-2010-3024 LAWTON VALLEY HUNT ET AL. 02/17/2010 CWA 309A AO For ComplianceSite failed to comply with CGP and SPPP. BMPs for erosion and sediment control were not properly implemented. Relief requested: properly implement BMPs andfollow the CGP and SPPP. Injunctive relief determined by cost of BMPs, according to EPA's website. Sediment loss determined by using the "sediment lossreductions for construction sites" spreadsheet.





Summary02-2010-3025 COUNTY WASTE 03/15/2010 CWA 309A AO For ComplianceCounty Waste operates a Waste hauling facility where its "garbage" trucks are serviced and fueled on an approximately 4 acre site. The facility does not havecoverage under the Multi Sector General Permit.02-2010-3026 BROOME COUNTY

DEPARTMENT OF AVIATION04/20/2010 CWA 309A AO For Compliance

Broome County department of Aviation is owns/operates the Binghamton Regional Airport and is operating without a NYSDEC MSGP or Individual Permit. Stormwater discharges from the site to Bradley Creek. 02-2010-3027 CASTANER GENERAL

HOSPITAL, INC.05/21/2010 CWA 309A AO For Compliance

Castaner General Hospital is authorized to discharge its treated sanitary wastewater into the Rio Guayo. Castaner General Hospital is on the Watch List for effluentviolations however, the facility has low flow at a maximum of 0.0085 MGD. Based on a review of DMRs from January 2008 to December 2009, Castaner violatedeffluent limits for BOD, Nitrate plus nitrite, Total Phosphorus, copper, color, arsenic, surfactants, lead, fecal coliform and total coliform. The relief requested is todevelop and submit to EPA a Plan of Action to achieve compliance with effluent limits in the Permit by September 30, 2011.02-2010-3028 WASHINGTON COUNTY

SEWER DISTRICT II04/01/2010 CWA 309A AO For Compliance

The Washington County Regional Sludge Composting Facility failed to comply with the Part 503 Class A fecal coliform limit of 1000 MPN/g of total solids duringcalendar year 2009 and failed to comply with holding time requirement when analyzed the compost for fecal coliform. In addition, DECA is requesting moreinformation to be submitted in order to make a final determination on the extent of violations.02-2010-3029 EVERGREEN DISPOSAL CORP.


Evergreen Disposal operates a Waste hauling facility where its "garbage" trucks are serviced and fueled on an approximately 2-3 acre site. The facility does not havecoverage under the Multi Sector General Permit . Evergreen Disposal also constructed its site and an adjacent County Waste facility without obtaining coverage underthe Construction General Permit.02-2010-3031 COURTLAND PROPERTIES,


Courtland Properties, LLC owns and operates an 11 acre residential development construction site called Courtland Properties at Cedar Grove located in CedarGrove, NJ. The site had a permit but its stormwater pollution prevention plan was incomplete, records of site inspections and annual reports were incomplete andthere were stormwater BMPs that needed to be implemented.02-2010-3032 CITY OF RENSSELAER 06/03/2010 CWA 309A AO For Compliance





SummaryThe City of Rensselaer is a permitted in Rensselaer, NY. An MS4 Audit was conducted from November 17-19, 2009 and identified that Rensselaer was not complyingwith the terms and conditions of the NYSDEC MS4 General Permit. Permit violations include failure to fully implement SWMP by 1/8/08, maintain adequate records,submit annual reports on time, implement public education and outreach program, implement and enforce an IDDE program, implement and enforce a constructionsite stormwater program and for failure to implement a good housekeeping program. An Administrative Order is being issued to order the facility to comply withPermit conditions.02-2010-3033 CITY OF GLENS FALLS WWTP 04/26/2010 CWA 309A AO For CompliancePermittee failed to continuously monitor for carbon monoxide (CO) in the exit gas from the sewage sludge incinerator stack during the months of May, June, July andAugust of 2008 and May, June, July, August, September, October and November of 2009. 02-2010-3034 SHATTEMUC YACHT CLUB 05/21/2010 CWA 309A AO For ComplianceFacility failed to obtain coverage under a SPDES SW General Permit and non-implementation of the requirements of the MSGP for Storm Water DischargesAssociated with Industrial Activity.02-2010-3035 ELAM MATERIALS, INC. (SB) 06/17/2010 CWA 309A AO For ComplianceElam Materials operates a Sand and Gravel Facility in Cohocton NY. The facility has a discharge for stormwater associated with material storage piles but does nothave coverage under the Multi Sector General Permit. 02-2010-3036 WILKINS DAIRY FARM, LLC (SB) 05/13/2010 CWA 309A AO For ComplianceWilkins Dairy Farm is a medium dairy CAFO in Bath, New York that is not complying with the terms and conditions of the NYSDEC CAFO General Permit (GP-04-02).The facility was observed to be discharging from its bunk silo into a ditch that drains into a tributary of Maxwell Creek. Visible water quality impacts were observed inthe tributary. Other permit violations include failure to have all practices fully operational by 6/30/2009, as well as operation and maintenance and recordkeepingviolations. An Administrative Order is being issued to order the facility to cease the discharge immediately and to comply with Permit conditions. Pollutant reductionswere calculated using the Silage Leachate worksheet from OECA's Case Conclusion Data Sheet for CAFOs. Injunctive relief was calculated using values from theUnited States Department of Agriculture (USDA) 2006 Environmental Quality Incentives Program (EQIP) Cost List, a salary calculator from CNN Money and BestProfessional Judgement.02-2010-3037 BUFFALO SEWER AUTHORITY



The Respondent failed to comply with the monthly average concentration limit of 100 parts per million (ppm) for total hydrocarbons in the exit gas from the sewagesludge incinerator stack during the months of December 2008 (with the result of 287.36 ppm), January 2009 (with the result of 140.35 ppm) and August 2009 (with theresult of 113.85 ppm).02-2010-3038 OSSINING BOAT AND CANOE

CLUB (SB)05/21/2010 CWA 309A AO For Compliance

Facility failed to obtain coverage under a SPDES SW General Permit and non-implementation of the requirements of the MSGP for Storm Water DischargesAssociated with Industrial Activity.





Summary02-2010-3039 SNAPPERFARM INC. 06/16/2010 CWA 309A AO For ComplianceUpon the issuance of this Order, Snapperfarm, Inc. shall comply with the condition set forth in Attachment I to this ORDER instead of the condition in Part I.A SpecialCondition 7.g. of the NPDES permit issued to the permittee on September 30, 2009. All other requirements and conditions of that permit will remain fully effective andenforceable. 02-2010-3040 TONAWANDA COKE

CORPORATION08/06/2010 CWA 309A AO For Compliance

Tonawanda Coke Corp. failed to properly operate and maintain its facility, there were pipe leaks, corroded tanks, flow meters that were not calibrated, and thepretreatment flow meter was in the wrong location. Additionally, per DEC sampling they violated a Total Suspended Solids limitation at Outfall 002 in November 2009,April and June 2010 and are violating pretreatment limits for Cyanide and Ammonia for discharges to the POTW. This action alters schedules required in a previousAdministrative Order CWA-02-2010-3012 and also addresses additional non compliance.02-2010-3042 NELSTADT READY MIX

CONCRETE CORP.07/06/2010 CWA 309A AO For Compliance

Facility failed to renew and obtain coverage under the MSGP regulations for an industrial nonconstruction facility.02-2010-3043 HUGUENOT YACHT CLUB INC. 07/06/2010 CWA 309A AO For ComplianceFacility failed to meet the requirements pursuant to the General Storm Water regulations. Facility failed to renew and to obtain an SPDES General Storm Water PermitAssociated with Industrial Non-Construction Activity. 02-2010-3044 CITY OF KINGSTON WWTP/

ASIAN ENVIRONMENTALSERVICES


The Washington County Regional Sludge Composting Facility failed to comply with the Part 503 frequency of monitoring requirement for pathogen density (FC). Inaddition, DECA is requesting more information to be submitted in order to make a final determination on the extent of violations.02-2010-3045 OWENS DAIRY (SB) 07/30/2010 CWA 309A AO For ComplianceOwens Dairy is a medium dairy CAFO in Bath, New York that is not complying with the terms and conditions of the NYSDEC CAFO General Permit (GP-04-02). Thefacility has not fully implemented its CNMP in accordance with the deadlines in GP-04-02. However, since the facility is a medium CAFO, NYSDEC will be grantingadditional time for implementation of BMPs to March 31, 2012 which has been incorporated into the Administrative Order. The Administrative Order is also beingissued to order the facility to re-evaluate the manure storage in accordance with applicable Natural Resource Conservation Service standards. Pollutant reductionswere calculated using the Silage Leachate worksheet from OECA's Case Conclusion Data Sheet for CAFOs. Injunctive relief was calculated using values from theUnited States Department of Agriculture (USDA) 2006 Environmental Quality Incentives Program (EQIP) Cost List, a salary calculator from CNN Money and BestProfessional Judgement.02-2010-3101 ASOCIACIÓN DE CONDÓMINES

ISLETA MARINA11/13/2009 CWA 309A AO For Compliance





SummaryEPA is issuing a Compliance Order to require Respondent to provide adequate operation maintenance and to submit a Compliance Plan to bring the discharges intocompliance with the effluent limitation establish in the NPDES Permit.02-2010-3103 WYETH PHARMACEUTICALS

COMPANY03/11/2010 CWA 309A AO For Compliance

A COMPLAINT WAS ISSUED TO ASSESS PENALTIES FOR VIOLATIONS OF THE NPDES PERMIT RELATED TO MONITORING AND OPERATION ANDMAINTENANCE OF DISCHARGE PIPE. IN ADDITION, COMPLAINT CITED VIOLATIONS OF DISCHARGES WITHOUT A PERMIT. AS A RESULT OFSETTLEMENT NEGOTIATIONS, WYETH AGREED TO PERFOM INJUNCTIVE RELIEF TO IMPLEMENT PROCEDURES, TRAIN PERSONNEL AND INSPECT APIPELINE.02-2010-3104 ASOCIACIÓN DE CONDÓMINES


On November 13, 2009, EPA issued an Administrative Compliance Order (ACO) (CWA-02-2010-3101) to Asoc. de Condómines Isleta Marina (ACIM) for its failure tocomply with the effluent limits and to provide adequate operation and maintenance to the Wastewater Treatment Plant. The ACIM failed to comply with the ACO, andon January 22, 2010 EPA issued a Show Cause Order (CWA-02-2010-3104). Complying actions captured under CWA-02-2010-3101.02-2010-3105 MUNCIPALITY OF FLORIDA 05/27/2010 CWA 309A AO For ComplianceThe Municipality failed to file a Notice of Intent (NOI) and to submit the Storm Water Management Program (SWMP) to obtain coverage under the NPDES MunicipalSeparate Storm Sewer System (MS4) General Permit for Puerto Rico.02-2010-3106 MUNCIPALITY OF LARES 05/27/2010 CWA 309A AO For ComplianceThe Municipality failed to file a Notice of Intent (NOI) and to submit the Storm Water Management Program (SWMP) to obtain coverage under the NPDES MunicipalSeparate Storm Sewer System (MS4) General Permit for Puerto Rico.02-2010-3107 MUNCIPALITY OF LAS MARIAS 05/27/2010 CWA 309A AO For ComplianceThe Municipality failed to file a Notice of Intent (NOI) and to submit the Storm Water Management Program (SWMP) to obtain coverage under the NPDES MunicipalSeparate Storm Sewer System (MS4) General Permit for Puerto Rico.02-2010-3109 MUNCIPALITY OF PATILLAS 05/27/2010 CWA 309A AO For ComplianceThe Municipality failed to file a Notice of Intent (NOI) and to submit the Storm Water Management Program (SWMP) to obtain coverage under the NPDES MunicipalSeparate Storm Sewer System (MS4) General Permit for Puerto Rico.02-2010-3112 MUNCIPALITY OF YAUCO 05/27/2010 CWA 309A AO For ComplianceThe Municipality failed to file a Notice of Intent (NOI) and to submit the Storm Water Management Program (SWMP) to obtain coverage under the NPDES MunicipalSeparate Storm Sewer System (MS4) General Permit for Puerto Rico.02-2010-3113 BRIGHTON HOMES 02/04/2010 CWA 309A AO For ComplianceWastewater discharges into navigable water of the United States.





Summary02-2010-3114 MR. CARLOS ROSALY-MOLINA


This is a Show Cause Order in reference to ACO issued in FY09. Taller Junker Rosaly failed to register as discharger of storm water associated with industrialoperations as required by the MSGP and Section 402 of the Act, 33 U.S.C. § 1342. Complying action captured under CWA 02-2008-3105.02-2010-3115 MUNICIPALITY OF CULEBRA

DBA SANTIAGO ELECTRIC02/02/2010 CWA 309A AO For Compliance

Respondent is in violation of Sections 301 and 402 of the Act, 33 U.S.C. 1311 and 33 U.S.C. 1342, respectively, by discharging pollutants into the ditch whichdischarges into the Atlantic Ocean, through storm water runoff associated with construction activities, without a NPDES storm water permit.02-2010-3116 PRASA ARECIBO REGIONAL



PRASA's Buenos Aires Community Sanitary Sewer System ("Buenos Aires Community SSS," an appurtenance of PRASA's Arecibo Regional Wastewater TreatmentPlant) has reported sanitary sewer overflows (SSOs) to waters of the United States. PRASA's Buenos Aires SSS is an old system with many interconnections to thestorm sewer system that has not been operating as required. The administrative compliance order requires PRASA, among other things: to conduct a close captiontelevision survey (CCTV, engineering study) of the SSS, to provide EPA a copy of the CCTV study and, to provide EPA a compliance plan (with a detailed scope ofworks). The compliance plan shall describe any and all repairs/replacement/unclogs to the Buenos Aires Community SSS that must be made to correct the overflowsituations and to prevent this situation from reoccurring.02-2010-3117 JOSE L. CRUZ RIVERA 02/12/2010 CWA 309A AO For ComplianceRespondent is in violation of Sections 301 and 402 of the Act, 33 U.S.C. 1311 and 33 U.S.C. 1342, respectively, by discharging pollutants into the ditch whichdischarges into the Atlantic Ocean, through storm water runoff associated with construction activities, without a NPDES storm water permit.02-2010-3118 EUGENIO COLLAZO

HERNANDEZ02/12/2010 CWA 309A AO For Compliance

Respondent is in violation of Sections 301 and 402 of the Act, 33 U.S.C. 1311 and 33 U.S.C. 1342, respectively, by discharging pollutants into the ditch whichdischarges into the Atlantic Ocean, through storm water runoff associated with construction activities, without a NPDES storm water permit.02-2010-3119 PUERTO RICO ELECTRIC

POWER AUTHORITY (PREPA)02/24/2010 CWA 309A AO For Compliance

Facility is violation with the effluent limits of the permit.02-2010-3123 SEGREGACION DE LOTES

COMERCIALES Y CALLE DEACCESO


EPA is issuing a Compliance Order against Mr. Erick Martínez Arbona for failure to apply for a NPDES Construction Permit and failure to comply with the requirementsof the Permit. The Compliance Order requires the respondent to ceased and desist earth movement activities and to submit a Compliance Plan.





Summary02-2010-3124 ASOCIACIÓN DE CONDÓMINES


On November 13, 2009, EPA issued an Administrative Compliance Order (ACO) (CWA-02-2010-3101) to Asoc. de Condómines Isleta Marina (ACIM) for its failure tocomply with the effluent limits and to provide adequate operation and maintenance to the Wastewater Treatment Plant. The ACIM failed to comply with the ACO, andon January 22, 2010 EPA issued a Show Cause Order (CWA-02-2010-3104) to comply the Ordered Provisions under CWA-02-2010-3101. Both parties agreed toissue another Order (CWA-02-2010-3124) implementing the Compliance Schedule submitted by ACIM.02-2010-3125 ADVANTIX ENGINEERING


Respondent is in violation of Sections 301 and 402 of the Act, 33 U.S.C. 1311 and 33 U.S.C. 1342, respectively, by discharging pollutants into the ditch whichdischarges into the Atlantic Ocean, through storm water runoff associated with construction activities, without a NPDES storm water permit.02-2010-3301 APPLEGATE INDUSTRIES (FF) 02/12/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramThe facility failed to maintain stormwater best management practices in accordance with its NYSDEC Construction General Stormwater Permit.02-2010-3302 BAIROA DEVELOPMENT, INC.,

ET AL.10/20/2009 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramCaguas Milenio was found to be in violation of their permit. These violations included Storm Water Pollution Prevention Plan deficiences. 02-2010-3303 TOLEDO ELECTRICAL

CONTRACTOR12/24/2009 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramThis 95 acre facility has a permit and is nearing the end of its construction period, however the facility was not conducting inspections or keeping up with storm waterBMPs and failed to stabilize certain areas where construction had ceased.02-2010-3309 BERKSHIRE VALLEY DAIRY,

LLC (SB)03/10/2010 CWA 309G2A AO For Class I Penalties

Respondent in Copake Falls, NY is a permitted large CAFO. The facility is in noncompliance with the terms and conditions of the NYSDEC CAFO General Permit(GP-04-02). The facility was observed to be discharging from its waste filter strip into a wetland that drains into a tributary to the Roeliff Jansen Kill. Visible waterquality impacts were observed for over 2000 feet in the tributary. In addition to the discharge violation, other permit violations were observed. Specifically, the facilityfailed to maintain records as required in accordance with 40 CFR 122.42(e)(2) and Part VII, Section C.vii of GP-04-02. Facility also failed to properly operate andmaintain the waste filter strip in a manner to prevent discharge. An Administrative Order (CWA-02-2009-2071) was issued on June 29, 2009 for failure to comply withspecific requirements in the New York State Department of Environmental Conservation (NYSDEC) CAFO General Permit (GP-04-02). Compliance with theAdministrative Order (AO) was determined as a result of correspondence received from the Respondent in response to the AO and a follow-up inspection conductedon November 23, 2009. Once compliance was determined, EPA assessed a penalty in accordance with the Clean Water Act Penalty Policy.02-2010-3310 VILLAGE OF CASTLETON-ON-

HUDSON12/10/2009 CWA 309G2A AO For Class I Penalties





SummaryConstruction began 9/8/2008 prior to submittal of NOI on 7/3/2009. The reconstruction project at Green Avenue and Second Street was unpermitted for a total of 10months. 02-2010-3351 BIOCULTURE PUERTO RICO,

INC.06/25/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramRespondent is in violation of Sections 301 33 U.S.C. 1311, for failure to comply with certain requirements of the NPDES Construction General Permit for storm waterdischarges associated with construction activities.02-2010-3401 VENEGAS CONSTRUCTION

CORP.11/23/2009 CWA 309G2B AO For Class II Penalties

The case incorporates enforcement actions at 6 Venegas construction sites totalling approximately 57 acres. Violations were noted during inspections and/or inresponses from Venegas Construction Corp.02-2010-3402 VILLA FRANCA DEVELOPMENT

CORP.11/23/2009 CWA 309G2B AO For Class II Penalties

Facility has a multiple sites Permit for its 150+ acre site and a SWPPP but was not implementing storm water BMPs, the SWPPP was deficient, and routine siteinspections were not being conducted. Injunctive relief includes the development and submittal of a post construction stormwater plan.02-2010-3501 DEPENDABLE TOWING &

RECOVERY, INC. (SB) ET AL.03/24/2010 CWA 309A AO For Compliance

Auto storage and used car sales facility. Illegally filled 16.5 acres of wetlands. Must restore the wetlands. 02-2010-3801 CARIBBEAN PETROLEUM

REFINING, L.P. (CAPECO)02/19/2010 CWA 311C AO For Removal

EPA issued a Unilateral Order to Caribbean Petroleum Refining, L.P. for the removal of contaminated soils and water that resulted from the release of oil and oil-contaminated runoff after an explosion and fire occurred at CPR Terminal on October 23, 2010. As a result of the explosion and fire, many of the tanks at CPR'sfacility spilled their content. Significant amounts of oil and oil-contaminated runoff escaped into wetlands and water bodies immediately north of the facility. Theestimated volume of oil directly discharged to the Las Lajas Creek, the wetland area downstream, and into the ground water, consisting primarily of a mixture ofgasoline, jet fuel, Bunker C and/or diesel fuel is not fully quantified, but poses a threat of further discharge to the San Juan Bay.02-2010-4102 FORMATION INC. 12/28/2009 EPCRA 325 Action For PenaltyOn or about December 8, 2008, the EPA contacted Formation Inc. s TRI contact, to inquire why the company had not submitted a TRI Form R or Form A report forcalendar year 2007. Subsequently, Formation Inc. submitted the required TRI Form R report for lead for calendar year 2007 on December 9, 2008. The report wasdue July 1, 2008. It was 161 days late.02-2010-4103 GRACE DAVISON SPECIALTY

CATALYSTS06/07/2010 EPCRA 325 Action For Penalty





SummaryThis is a self-disclosure under the Audit Policy. Grace self-disclosed to EPA on June 19, 2009, that it had failed to file a Form R report for n-butyl alcohol for calendaryear 2007. The required Form R was filed on June 17, 2009. It was 351 days late.02-2010-4104 LIPO CHEMICALS, INC. 07/13/2010 EPCRA 325 Action For PenaltyThe facility filed a late TRI Form R report for ethylene glycol in 2007 on May 4, 2009. The report was 307 days late.02-2010-4107 CAMIL FARR INC. 06/29/2010 EPCRA 325 Action For PenaltyCamil Farr Inc. failed to file EPCRA Section 313 Toxic Release Inventory Form R reports for decabromodiphenyl oxide and diisocyanates for 2007. The reports were169 days late.02-2010-4201 SAMUEL A. CARLSON

GENERATING STATION (SB)07/14/2010 EPCRA 325 Action For Penalty

The company filed late TRI Form R reports for barium and barium compounds, dioxin and dioxin -like compounds, hydrochloric acid, lead compounds, mercurycompounds and sulfuric acid. The reports were 168 days late. 02-2010-4203 LAMOTHERMIC CORPORATION

(SB)05/27/2010 EPCRA 325 Action For Penalty

The company failed to file timely TRI Form R reports for chromium and nickel for calendar year 2007. The required reports were filed with EPA on December 22,2008. The reports were 174 days late.02-2010-5101 AGFA CORPORATION 07/01/2010 FIFRA 14A Action For PenaltyAGFA requested inactivation of establishment subject to Statute of Limitations 7U.S.C.136(e)(1). Penalty reduced to zero.02-2010-5102 LINDE LLC 03/23/2010 FIFRA 14A Action For PenaltyInaccurate pesticides production reporting 2007, 2008.02-2010-5201 MARIETTA CORPORATION 05/10/2010 FIFRA 14A Action For PenaltyShow cause order - Marietta Corp. settlement includes a final order with penalty. All outstanding production reports have been submitted in accordance with theconsent agreement.02-2010-7102 TECUMSEH REDEVELOPMENT

INCORPORATED06/28/2010 RCRA 3008A AO For Comp And/Or Penalty

Respondent failed to provide within 90 days of its fiscal year ending December 31, 2007 updated financial assurance for closure/post-closure. The penalty amount inthis Final Order is greater than the penalty proposed in the initial Administrative Order because Respondent requested during settlement to also incorporate in thisFinal Order a penalty for its failure to provide a timely submission for updating financial assurance for closure/post-closure for its fiscal year ending December 31,2008. 02-2010-7302 INTEGRATED WASTE

MANAGEMENT, INC. ET AL.03/30/2010 RCRA 7003 AO For Imminent Hazard





SummaryThe Integrated Waste Management facility in Penuelas, Puerto Rico, at the time of the 9/08 inspection, stored over 100,000 scrap tires without any controls for diseasevectors or the prevention of fires. In fact a tire fire had occurred at the facility in August 2008. EPA's Order requires the removal of all tires, the application of fire anddisease vector controls while tires remain at the facility, the proper management of tires at any future locations, the extinguishment of any still smouldering tires and anenvironmental assessment of any contamination resulting from the tire fire.02-2010-7501 P.J. HYDE & SONS, INC. ET AL. 06/28/2010 RCRA 9006 AO For Comp And/Or Pen (UST)Company failed to maintain annual Leak Detector tests at five service station facilities and failed to install a Leak Detector Overfill device at an Inn it owned at the time.02-2010-7901 THORNWOOD CITGO (SB) ET

AL.11/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Site had no release detection for a waste oil UST - UST removed.02-2010-7902 TOOMEY'S EXPRESS (SB) ET


Site had no ALLD test.02-2010-7903 SENECA FALLS SUNOCO (SB)

ET AL.11/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Site had no ALLD test.02-2010-7904 MURRAY SUPERETTE INC. (SB)


Site had no overfill, no CP tests, no RD for piping and no ALLD test.02-2010-7905 S&J SERVICE CENTER, INC.

(SB) ET AL.11/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH Inspection - Site had no release detection for piping or annual leak detector test.02-2010-7906 MCLEAN MOBIL (SB) ET AL. 11/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramSite had no annual leak detector test.02-2010-7907 THE COURT ST. FUEL STOP


Site had no overfill prevention on 1 UST, no annual leak detector test, no RD records, and did not permenently close one temp closed UST.02-2010-7908 S&S COUNTRY STORES (SB) -

BEAVER DAMS ET AL.11/06/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Site had no release detection for piping or annual leak detector test.





Summary02-2010-7909 S&S COUNTRY STORES (SB) -

WATKINS GLEN ET AL.11/06/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Site had missing overfill on a tank, no renewed certification, no release detection for piping or annual leak detector test.02-2010-7910 HOLLEY CENTRAL SCHOOL

DISTRICT ET AL.11/06/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Site had no overfill prevention devices, no CP test, no release detection records.02-2010-7911 DARI-DEL III (SB) 11/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by EPA Contractors on September 8, 2008. The Inspection Checklist was reviewed by R Jamison, EPA. The contractor noted that therewas a failure to appropriately maintain records for release detection and equip one UST with over fill. R Jamison concurred and issued a Field Citation from the desk. 02-2010-7912 EAST SIDE GLASS, INC. 10/01/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramInspection conducted by EPA's contractor. Facility is now in compliance with UST regs. 02-2010-7913 CITY & SUBURBAN DELIVERY

SYSTEMS ET AL.11/20/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH Insoection - USTs had no ALLD test or RD for piping. UST removed.02-2010-7914 J&E SERVICE INC. (SB) ET AL. 12/04/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramWestchester Co. DOH Inspection - No annual ALLD test.02-2010-7915 WAYNE COUNTY HIGHWAY

DEPARTMENT ET AL.12/04/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Facility had multiple violations for its five tanks - two tanks have been removed. Others in compliance.02-2010-7916 SCARSDALE GETTY (SB) ET


Westchester Co. Inspection - Had no ALLD test.02-2010-7917 TRACK GASOLINE CO. (SB) ET


Facility had fluids in spill buckets and improper set up for piping release detection. 02-2010-7918 WILSON FARMS XPRESS 12/04/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by EPA Contractors on October 7, 2008. The Inspection Checklist was reviewed by EPA. The contractor noted that there was a failure toinstall a corrosion protection system on one UST. EPA concurred and issued a Field Citation from the desk. 02-2010-7919 GREENBURGH CITGO (SB) ET






SummaryNo ALLD tests.02-2010-7920 SEVENSON ENVIRONMENTAL

SERVICES11/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

The facility was inspected by an EPA contractor on March 25 2008. The Inspection Checklist was reviewed by EPA. The contractor noted that there was a failure tomaintain paperwork documenting compliance with release detection and a failure to monitor the pressurized lines monthly. EPA concurred and issued a Field Citationfrom the desk. 02-2010-7921 MAJOR AMERICA, INC. (SB) 12/29/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by NYSDEC on November 5, 2009. The Inspection Checklist was reviewed by EPA. NYSDEC noted that there was a failure to monitor thecorrosion protection system on one UST and conduct annual line leak tests on two USTs. EPA concurred and issued a Field Citation from the desk. 02-2010-7922 JOSE CORPORATION DBA

BRAS CITGO (SB) ET AL.12/31/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH Inspection referral - various release detection issues. Facility placed into temp closure and sold.02-2010-7923 ROCK CUT DELI & GAS, INC.


WCDOH Inspection referral - tank had no CP for metal piping.02-2010-7924 SILVER LAKE SERVICE

CENTER (SB) ET AL.01/05/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH Inspection referral - tanks had no ALLD test.02-2010-7925 LARCHMONT GULF SERVICE

STATION (SB) ET AL.01/06/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH Inspection referral - tanks had no ALLD test.02-2010-7926 GOLY'S MOTORS, INC. (SB) 12/22/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by NYSDEC on November 10, 2009. The Inspection Checklist was reviewed by EPA. NYSDEC noted that there was a failure to conductthe annual line leak detector test. EPA concurred and issued a Field Citation from the desk. 02-2010-7927 S&Z BEST INC. (SB) ET AL. 01/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFacility did not have proper CP protection for piping.02-2010-7928 FRONT ST. AUTOMOBILE

(BP#13352) ET AL.01/26/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Failure to maintain spill buckets clean of product.





Summary02-2010-7929 JEFFERSON VALLEY SERVICE

STATION (SB) ET AL.01/26/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH inspection - had no ALLD tests.02-2010-7930 V&C CITGO INC. (SB) ET AL. 02/05/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramHad not conducted required 10-year internal liner inspection.02-2010-7931 DOM'S FRIENDLY SERVICE,

INC. (SB) ET AL.02/18/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH Inspection - No ALLD annual test.02-2010-7932 DEBIASE BROS. SERVICE

CENTER (SB) ET AL.02/19/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

WCDOH Inspection - No ALLD annual test for gasoline USTs, no RD for waste oil.02-2010-7933 KEENS CONVENIENCE STORE

(SB)02/18/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

The facility was inspected by NYSDEC on December 1, 2009. The Inspection Checklist was reviewed by EPA. NYSDEC noted that there was a failure to conductthe annual line leak detector test. EPA concurred and issued a Field Citation from the desk. 02-2010-7934 SUNOCO SOUTH SALEM (SB)


WCDOH Inspection - No ALLD annual test or RD for piping for gasoline USTs, improper ATG.02-2010-7935 DELTA (SB) ET AL. 03/18/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramWCDOH Inspection - No ALLD annual test. Sold facility.02-2010-7936 GEORGE ANTHONY SERVICE,


No ALLD annual test - no records for release detection on piping and USTs.02-2010-7937 NORTHBAY FOOD MART (SB) 11/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by EPA Contractors on December 9, 2008. The Inspection Checklist was reviewed by EPA. The contractor noted that there was a failure tooperate and maintain a corrosion protection system and inadequate operation of release detection system. EPA concurred and issued a Field Citation from the desk. 02-2010-7938 TAMARIND REEF HOTEL

GREEN CEY MARINA03/26/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program





SummaryThe facility was inspected by VIDPNR on several occasions. The facility was to close or upgrade their USTs. Suspecting a release, DPNR referred the site to US EPAin 2009. EPA issued Information Request Letters. The releases had been addressed and no further action was required there but the release detection methoddeployed by the facility was expired. EPA issued a Field Citation from the desk. The facility installed ATGs ensuring compliance with 280.40(a). DPNR oversawinstallation and confirmation provided to US EPA. 02-2010-7939 RALPH MARTIN TIRES, INC.


Abandoned facility, UST in temp closure, but not maintained. Tanks permanently removed.02-2010-7940 OSSINING OPERATIONS

CENTER ET AL.04/15/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

No annual ALLD test.02-2010-7941 JAMES HARRIS TRANSPORT


No release detection on waste oil UST- UST removed.02-2010-7942 FARROW'S AUTO SERVICE,


No annual ALLD test or pressurized piping RD.02-2010-7943 RON'S SERVICE (SB) ET AL. 04/19/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNo annual ALLD test.02-2010-7944 CREEKSIDE CONVENIENCE

STORE, INC. (SB) ET AL.04/22/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Facility had no corrosion tests, release detection records or release detection for piping.02-2010-7945 A-SCRAP DEALERS INC. (SB)


Old diesel UST not upgraded and had no release detection. UST removed.02-2010-7946 CITY OF OGDENSBURG DPW


Facility had no corrosion tests, release detection records or release detection for piping.02-2010-7947 NORTHWAY STOP N SHOP,


Facility had no release detection records.





Summary02-2010-7948 CELESTINO'S SERVICE

STATION, INC. (SB) ET AL.06/04/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

No release detection for UST. Now conducting manual tank gauging.02-2010-7949 MAIN STREET PIZZERIA (SB) 06/18/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by EPA Contractors on February 26, 2010. The Inspection Checklist was reviewed by EPA enforcement staff. The contractor noted thatthere was a failure to appropriately maintain release detection and corrosion protection systems. EPA concurred and issued a Field Citation from the desk. 02-2010-7950 SI MART, INC. (SB) ET AL. 06/04/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFacility did not have certification, and tank and pipe leak detection records.02-2010-7951 SAWALHA GAS MART (SB) 06/24/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by NYSDEC on May 20, 2010. NYSDEC identified federal UST regulatory violations. NYSDEC noted that there was a failure toappropriately maintain release detection systems. EPA concurred and issued a Field Citation from the desk. 02-2010-7952 FLEETWOOD SERVICE (SB) ET


Tank had no release detection. SIR contract obtained.02-2010-7953 CONCRETE DELIVERY CO. INC.


The facility was inspected by EPA Contractors on January 28, 2010. The Inspection Checklist was reviewed by EPA enforcement staff. The contractor noted thatthere was a failure to appropriately maintain release detection paperwork. EPA concurred and issued a Field Citation from the desk. 02-2010-7954 LEWIS COUNTY HIGHWAY

DEPARTMENT ET AL.07/02/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Facility had no release detection records or release detection for piping.02-2010-7955 UTICA MINI-MART (SB) 07/02/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThe facility was inspected by EPA Contractors on February 4, 2010. The Inspection Checklist was reviewed by EPA enforcement staff. The contractor noted that therewas a failure to appropriately maintain release detection paperwork. EPA concurred and issued a Field Citation from the desk. 02-2010-7956 METRO ENERGY OF WNY, INC.


No RD records.02-2010-7957 VRC ENTERPRISES (SB) ET AL. 07/30/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFaliure to monitor tanks every 30 days, failure to have annual line tightness test or monthly monitoring, failure to provide adequate line leak detection system forunderground pipes, failure to close or upgrade a temporary closed tank system after 12 months. FC issued.





Summary02-2010-7958 T.J.'S MARKET (SB) ET AL. 07/30/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFC issued on 7/30.10 for violations above. Facilty did not provide adequate leak detection and failed to monitor the tanks every 30 days.02-2010-7959 POST ROAD SUNOCO (SB) ET


NO ALLD test.02-2010-8001 TOWN OF SENNETT WATER

DISTRICT #210/29/2009 SDWA 1414G2 AO For Compliance (PWS)

Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and time ofoperator to develop the report.02-2010-8002 UNITED STATES ARMY 01/13/2010 SDWA 1414G2 AO For Compliance (PWS)Based on file review/inspection conducted at the Fort Dix PWS on August 31 and September 2, 2009, it was concluded that system failed to comply with the followingregulations: Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, Notification Rule, Lead and Copper Rule, Consumer ConfidenceReport and NJDEP applicable regulations. Injunctive relief includes the installation of a data logger and repair of structural deficiencies (cracks) at filters #1, #2 andthe coagulation/sedimentation basins.02-2010-8003 BALDWINSVILLE VILLAGE 12/14/2009 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and time ofoperator to develop the report.02-2010-8004 HANOVER WATER DISTRICT 12/14/2009 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and time ofoperator to develop the report.02-2010-8005 VI RUM PLANT 01/21/2010 SDWA 1414G2 AO For Compliance (PWS)VI Rum Plant Public Water System violated 40 CFR Part 141, Subpart L (Stage 1 DBPR) by exceeding the MCL for HAA5. The AO requires Respondent to developand submit a plan to address its DBP exceedances. Injunctive relief includes the cost of developing this plan, implementing the plan, as well as monitoring. 02-2010-8006 THE CITY OF POUGHKEEPSIE 01/13/2010 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and time ofoperator to develop the report.02-2010-8007 PAMELIA WATER DISTRICT #2 01/12/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryViolation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and time ofoperator to develop the report.02-2010-8008 GOLDEN HILLS WATER

DISTRICT01/12/2010 SDWA 1414G2 AO For Compliance (PWS)

Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and time ofoperator to develop the report.02-2010-8009 NEWPORT VILLAGE 01/14/2010 SDWA 1414G2 AO For Compliance (PWS)Violation of 40 C.F.R. Part 141, Subpart W, for the failure to comply with the cover/treatment technique requirement for uncovered finished water reservoirs ofLT2ESWTR. AO establishes a compliance schedule with milestone dates to build a new storage tank. Injunctive relief assumes cost of design and construction of anew storage tank.02-2010-8010 CITY OF OLEAN 02/17/2010 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and time ofoperator to develop the report.02-2010-8011 JOHNSTOWN WATER WORKS 01/15/2010 SDWA 1414G2 AO For Compliance (PWS)Violation of 40 C.F.R. Part 141, Subpart W, for the failure to comply with the cover/treatment technique requirement for uncovered finished water reservoirs ofLT2ESWTR. AO establishes a compliance schedule with milestone dates to build a new storage tank. Injunctive relief assumes cost of design and construction of anew storage tank.02-2010-8012 VILLAGE OF LOWVILLE 01/27/2010 SDWA 1414G2 AO For Compliance (PWS)Based on information provided by NYSDOH, the Village of Lowville (PWS. NY2402365) monitored their source water at a location where two surface water sourcescombine prior to treatment. The NYSDOH determined that for the benefit of public health, the Village of Lowville must monitor the system at each of the two sourcesindividually. This Order establishes an alternate compliance schedule for the Village of Lowville with injunctive relief for 52 samples analyzed for E. Coli for the Villageof Lowville to comply with the requirements of the SDWA and 40 CFR 141,701-141.706.02-2010-8013 CITY OF RENSSELAER 01/27/2010 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141 Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to submit standard monitoring plan byschedule 3 due date. AO to establish an alternate compliance schedule for the City of Rensselaer to comply with the IDSE requirements of the Stage 2 DBPR. TheCity initially began a system specific study but changed their compliance path resulting in the need for additional time.02-2010-8014 VILLAGE OF CALEDONIA

WATER SUPPLY02/12/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryViolation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance with approvedstandard monitoring plan. AO establishes alternate monitoring schudule and IDSE report due date. Injunctive relief assumes cost of sampling and analysis and timeof operator to develop the report. 02-2010-8015 GLASSBORO WATER

DEPARTMENT03/05/2010 SDWA 1414G2 AO For Compliance (PWS)

Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to submit an Initial Distribution SystemEvaluation IDSE Report. Injunctive relief assumes time of operator to develop the plan.02-2010-8016 TOWN OF PERRYSBURG

CENTRAL WATER DISTRICT03/15/2010 SDWA 1414G2 AO For Compliance (PWS)

Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to comply with TTHM and HAA5 samplingdeadlines specified in Respondent's Standard Monitoring Plan. AO specifies alternate compliance schedule for this facility. Injunctive relief includes cost of samplingand developing the IDSE report.02-2010-8017 VERSAILLES WATER DISTRICT 03/15/2010 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to comply with TTHM and HAA5 samplingdeadlines specified in Respondent's Standard Monitoring Plan. AO specifies alternate compliance schedule for this facility. Injunctive relief includes cost of samplingand developing the IDSE report.02-2010-8018 TOWN OF YORK 03/26/2010 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141, Subpart U, and V Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance withapproved standard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysisand time of operator to develop the report.02-2010-8019 GREAT VALLEY TOWN WATER


Violation 40 C.F.R. Part 141 Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to conduct monitoring required by thesubmitted standard monitoring plan. The Town will be unable to complete the required monitoring by the Schedule 4 deadline. AO to establish an alternatecompliance schedule for Great Valley Town to comply with the IDSE requirements of the Stage 2 DBPR.02-2010-8020 GREAT VALLEY TOWN WATER


Violation 40 C.F.R. Part 141 Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to conduct monitoring required by thesubmitted standard monitoring plan. The Town will be unable to complete the required monitoring by the Schedule 4 deadline. AO to establish an alternatecompliance schedule for the Great Valley Town Water District #4 to comply with the IDSE requirements of the Stage 2 DBPR.02-2010-8021 VILLAGE OF OVID 03/26/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryViolation 40 C.F.R. Part 141 Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to conduct dual monitoring required by thesubmitted standard monitoring plan. The Village of Ovid will be unable to complete the required monitoring by the Schedule 4 deadline. AO to establish an alternatecompliance schedule for Ovid Village to comply with the IDSE requirements of the Stage 2 DBPR02-2010-8022 ELLICOTTVILLE VILLAGE 03/26/2010 SDWA 1414G2 AO For Compliance (PWS)Violation 40 C.F.R. Part 141, Subpart U, and V Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to monitor in accordance withapproved standard monitoring plan. AO establishes alternate monitoring schedule and IDSE report due date. Injunctive relief assumes cost of sampling and analysisand time of operator to develop the report.02-2010-8023 WELLSVILLE VILLAGE 03/30/2010 SDWA 1414G2 AO For Compliance (PWS)Based on information provided by NYSDOH, the Wellsville Village monitored their source water as required and Wellsville contests the results of the sample collectedon July 1, 2009 and will be collecting a replacement sample in the first week in July 2010. This Order establishes an alternate compliance schedule for Wellsville withinjunctive relief for one set of samples analyzed for E. Coli and reporting to comply with the requirements of the SDWA and 40 CFR 141.701-141.706.02-2010-8024 FRANKLINVILLE TOWN WATER


Based on information provided by NYSDOH, the Franklinville Town Water District #1 failed to collect a required set of samples in August 2009. This Order establishesan alternate compliance schedule for Franklinville to resample in August 2010 with injunctive relief for one set of samples and reporting to comply with therequirements of the SDWA and 40 CFR 141.701-141.706.02-2010-8025 WOLCOTT VILLAGE 04/01/2010 SDWA 1414G2 AO For Compliance (PWS)Violation of 40 C.F.R. Part 141, Subpart U, Stage 2 Disinfectant and Disinfection Byproducts Rule (Stage 2 DBPR), for failure to comply with TTHM and HAA5sampling deadlines specified in Respondent's Standard Monitoring Plan. AO specifies alternate compliance schedule for this facility. Injunctive relief includes cost ofsampling and developing the IDSE report.02-2010-8026 DRESDEN VILLAGE 04/05/2010 SDWA 1414G2 AO For Compliance (PWS)Based on information provided by NYSDOH, the Dresden Village water district failed to collect a required set of samples in November 2009. This Order establishes analternate compliance schedule for Dresden to resample in November 2010 with injunctive relief for one set of samples and reporting to comply with the requirements ofthe SDWA and 40 CFR 141.701-141.70602-2010-8027 NEW YORK CITY DEPARTMENT

OF ENVIRONMENTALPROTECTION

05/24/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order was issued to establish an enforceable schedule to achieve compliance with the requirements of the SDWA and Long Term 2 EnhancedSurface Water Treatment Rule (40 C.F.R. Part 141, Subpart W). 1. This Order establishes a schedule for New York City's Catskill/Delaware System to comply withthe requirement for covering uncovered finished water storage facilities, set forth at 40 C.F.R. Part 141, Subpart W (Long Term 2 Enhanced Surface Water TreatmentRule), and serves as a State-approved schedule under 40 C.F.R. Part 141.714. The injunctive relief is based on cost estimates provided by NYCDEP in August 2009to design and build a concrete cover for the Hillview Reservoir.





Summary02-2010-8028 BARD COLLEGE 05/11/2010 SDWA 1414G2 AO For Compliance (PWS)The AO requires submittal of alternate compliance deadlines for the Initial Distribution System Evaluation (IDSE) requirements of the Stage 2 Disinfectants andDisinfection Byproducts Rule (Stage 2 DBPR), 40 C.F.R. Part 141, Subpart U. Injunctive relief includes the time spent by the operator preparing the StandardMonitoring Plan.02-2010-8029 VILLAGE OF ANGELICA 06/03/2010 SDWA 1414G2 AO For Compliance (PWS)AO establishes alternate compliance deadlines for IDSE requirement of Stage 2, 40 CFR Part 141 Subpart U. Injunctive relief assumes time spent by operatorpreparing report and analytical costs of sample analysis.02-2010-8032 TOWN OF ALEXANDRIA WATER


Based on information provided by NYSDOH, the Town of Alexandria Water District #2 failed to collect a required set of samples in August 2008, November 2008,February 2009 and May 2009. This Order establishes an alternate compliance schedule for Alexandria to sample in August 2010, November 2010, February 2011and May 2011 with injunctive relief for four sets of samples and reporting to comply with the requirements of the SDWA and 40 CFR 141.701-141.706.02-2010-8033 VILLAGE OF ANTWERP 07/23/2010 SDWA 1414G2 AO For Compliance (PWS)Based on information provided by NYSDOH, the Village of Antwerp failed to collect a required set of samples in May 2008, August 2008, November 2008 andFebruary 2009. This Order establishes an alternate compliance schedule for Antwerp to sample in August 2010, November 2010, February 2011 and May 2011 withinjunctive relief for four sets of samples and reporting to comply with the requirements of the SDWA and 40 CFR 141.701-141.706.02-2010-8034 VILLAGE OF CHAUMONT 07/23/2010 SDWA 1414G2 AO For Compliance (PWS)Based on information provided by NYSDOH, the Village of Chaumont failed to collect a required set of samples in November 2008. This Order establishes an alternatecompliance schedule for Chaumont to sample in November 2010 with injunctive relief for one set of samples and reporting to comply with the requirements of theSDWA and 40 CFR 141.701-141.706.02-2010-8300 FINCA LOS GARCIA

COMMUNITY05/03/2010 SDWA 1414G2 AO For Compliance (PWS)

Respondent did not comply with a previous compliance order. Additional time is needed to achieve compliance.02-2010-8322 ZAMAS COMMUNITY 05/03/2010 SDWA 1414G2 AO For Compliance (PWS)Respondent did not comply with a previous compliance order. Additional time is needed to achieve compliance.02-2010-8323 APEADERO I INC. COMMUNITY 05/03/2010 SDWA 1414G2 AO For Compliance (PWS)Respondent did not comply with a previous compliance order. Additional time is needed to achieve compliance.02-2010-8324 JACANAS PIEDRAS BLANCAS 2

COMMUNITY05/03/2010 SDWA 1414G2 AO For Compliance (PWS)

Respondent failed to comply with the Surface Water Treatment Rule requirements. Additional time is needed to achieve compliance.





Summary02-2010-9102 LORCO PETROLEUM

SERVICES06/07/2010 TSCA 16 Action For Penalty

Respondent failed to prepare annual document logs and failed to submit unmanifested waste reports.02-2010-9105 VEOLIA ES TECHNICAL

SOLUTIONS, LLC01/06/2010 TSCA 16 Action For Penalty

On three occassions, the Respondent shipped PCB waste for off-site disposal without identification as such on the manifest.02-2010-9141 FIRMENICH INCORPORATED 04/12/2010 TSCA 16 Action For PenaltyRespondent failed to accurately file the correct quantities for the 2006 TSCA Inventory Update Report.02-2010-9142 SWAN CHEMICAL, INC. 06/08/2010 TSCA 16 Action For PenaltyFAILURE TO SUBMIT TSCA IUR REPORT FOR YEAR 2006.02-2010-9201 THE CITY OF NEW YORK ET

AL.01/19/2010 TSCA 16 Action For Penalty

Nature of the Matter and Problem to be Addresssed: 1) The Respondents are subject to the regulations and the prohibitions and requirements pertaining to PCBs; 2)PCB Caulk (defined as caulk or similar material that contains PCBs at concentrations of 50 parts per million or greater) that remains in use in school buildingsconstitutes a continued use of PCBs under TSCA; 3) The continued use of PCB Caulk in schools in any manner other than a totally enclosed manner is prohibitedunder the PCB regulations; and 4) The Respondents continued use of PCB Caulk in a manner other than a totally enclosed manner in many older schools, wheredocumented, constitutes violations of the PCB regulations and TSCA. Relief Requested: 1) Implement the Work Plan that is attached to the CAFO; 2) Properly dispose of any PCB Caulk and any associated PCB waste removed from useat the schools referenced in the Work Plan; and 3) Provide access to the schools identified pursuant to the Work Plan at reasonable times to EPA officials andauthorized representatives. There are progressively increasing stipulated penalties that apply to specific obligations under the CAFO and Work Plan. Additionally, the CAFO specifies varioustimeframes for Termination of the Agreement, which are dependent upon completion of specific activities identified in the Work Plan. 02-2010-9205 ADVANCE AUTO PARTS, INC. 06/22/2010 TSCA 16 Action For PenaltyNonexempt Distribution in commerce of PCBs.02-2010-9206 NEW YORK INSTITUTE OF

TECHNOLOGY05/14/2010 TSCA 16 Action For Penalty

Respondent was inspected on May 19, 2009 and found to be using three PCB transformers that were registered late. They also were found to be storing four PCBtransformers for disposal longer than one year, and their annual documents were incomplete. Respondent was issued a Show Cause letter on November 24, 2009.Respondent agreed to pay a penalty and remove the unauthorized PCB transformers.





Summary02-2010-9209 QUEBECOR WORLD BUFFALO,

INC.12/29/2009 TSCA 16 Action For Penalty

Quebecor World Buffalo was inspected on October 22, 2008 and was found to have several PCB Transformers. Quebecor was found to be in violation of the PCBmarking, use, and disposal regulations. Respondent filed for bankruptcy, but has agreed to pay a penalty and conduct a SEP which includes conducting one retrofill ofeach of 2 PCB Transformers. No complaint was issued - case was issued and settled in one consolidated action with the issuance of a CAFO executed on12/29/2009. 02-2010-9211 DPT LABORATORIES, LTD. 10/21/2009 TSCA 16 Action For PenaltyDPT Labs shipped PCB waste off-site for disposal without identification as such on the manifest.02-2010-9226 SANYO CORPORATION OF

AMERICA05/27/2010 TSCA 16 Action For Penalty

Voluntary disclosure of premanufacture and import violations.02-2010-9241 SPECIAL MATERIALS

COMPANY (SB)03/18/2010 TSCA 16 Action For Penalty

Failure to submit TSCA 2006 IUR for 31 chemicals.02-2010-9270 WINDEMERE CHATEAU, INC.

(SB)05/27/2010 TSCA 16 Action For Penalty

Inspection was in response to tip/complaint. Respondent owns one property with 201 units. Respondent was not performing lead paint disclosure.02-2010-9302 PFIZER PHARMACEUTICALS 07/27/2010 TSCA 16 Action For PenaltyOn two occasions EPA received notification of unmanifested PCB waste disposal.NY-09019772 AGRO FARMS UNPERMITED

DISCHARGE06/07/2010 State Administrative Order of Consent

NY-20102572 STILLWATER FILTRATIONPLANT


NY-CO1200909091

PATCHOGUE (V) DMR 11/13/2009 State Administrative Order of Consent

NY-CO1200909291

PETER ERIKSEN 11/11/2009 State Administrative Order of Consent





Summary

NY-CO1200909292

TAMIR KEYSY 10/23/2009 State Administrative Order of Consent

NY-CO1200909294

JAMES MARCH 11/13/2009 State Administrative Order of Consent

NY-CO1201001132

PLANDOME (V) MS4 03/26/2010 State Administrative Order of Consent

NY-CO1201001133

FLOWER HILL MS4 04/26/2010 State Administrative Order of Consent

NY-CO1201001134

PATCHOGUE (V) MS4 03/08/2010 State Administrative Order of Consent

NY-CO1201001135

LINDENHURST (V) MS4 05/03/2010 State Administrative Order of Consent

NY-CO1201002045

US NONWOVENS DMR 03/19/2010 State Administrative Order of Consent

NY-CO12010042602

NASSAU ASPHALT SUPPLYCORP 12/09 DMR


NY-CO200909294

NEW PENN MOTOR EXPRESSMSGP


NY-CO2200909291

CHARLES EVERS MSGP 10/26/2009 State Administrative Order of Consent





Summary

NY-CO22009092911

RICHMOND AUTO WRECKERSCORP MSGP


NY-CO22009092912

A & A GLOBAL SOLUTIONS -DMR ALJ

07/30/2010 State CWA Penalty AO

NY-CO22009092913

ULTIMATE USED AUTO PARTSINC


NY-CO22009092914

METAL DEPOT CORP MSGP 10/27/2009 State Administrative Order of Consent

NY-CO22009092915

UNIVERSAL AUTO PARTS INC 11/13/2009 State Administrative Order of Consent

NY-CO22009092916

PARTS ARE US INC MSGP 11/18/2009 State Administrative Order of Consent

NY-CO22009092917

MILLENIUM AUTO DMR 04/13/2010 State Administrative Order of Consent

NY-CO22009092918

AALBA AUTO WRECKING - DMR 08/03/2010 State CWA Penalty AO

NY-CO22009092919

RAM USED AUTO PARTS, INC-DMR ALJ


NY-CO2200909292

FEDEX GROUND PACKAGESYSTEM INC MSGP






Summary

NY-CO22009092920

EAST COAST AUTO SALVAGEINC


NY-CO22009092921

YELLOW TRANSPORTATIONINC MSGP


NY-CO22009092922

J & M USED AUTO PARTS, INC 04/23/2010 State Administrative Order of Consent

NY-CO2200909293

BFI WASTE SYSTEMS OF NEWJERSEY INC MSGP


NY-CO2200909295

MARBO USED AUTO PARTSINC


NY-CO2200909296

AUTO GOBBLER PARTS INC 10/30/2009 State Administrative Order of Consent

NY-CO2200909297

NEW YORK CITY AUTOSALVAGE INC


NY-CO2200909299

CITY READY MIX INC 10/22/2009 State Administrative Order of Consent

NY-CO2201001137

NYC ECONOMICDEVELOPMENT CORP MS4


NY-CO2201001138

SUNY MARITIME COLLEGEMS4






Summary

NY-CO32008090878

CARMEL LANDFILL 12/17/2009 State Administrative Order of Consent

NY-CO32009052941

C & C MEADOWCRESTHOLDING CORP


NY-CO3200908035

BLOOMING GROVE (T) FLOWCERT


NY-CO3200909092913

BJP INDUSTRIES INC ALJ 12/29/2009 State CWA Penalty AO

NY-CO3200909095

B PETROLEUM CORP ALJ 12/22/2009 State CWA Penalty AO

NY-CO3200909291

POST ROAD BOAT YARD INCMSGP


NY-CO32009092911

WALDEN (V) MSGP 11/10/2009 State Administrative Order of Consent

NY-CO32009092914

CARPENTER AND SMITH INCMSGP


NY-CO32009092915

DICK'S CONCRETE CO INC ALJ 12/29/2009 State CWA Penalty AO





SummaryNY-CO32009092916

JORGE MERCHAN 11/02/2009 State Administrative Order of Consent

NY-CO3200909293

COCA COLA ENTERPRISESDMR


NY-CO3200909295

ROBERT MILLER ALJ 12/29/2009 State CWA Penalty AO

NY-CO3200909296

SIMON AUTO WRECKERS INCMSGP


NY-CO3200909299

SPENCE ENGINEERING CO INCMSGP


NY-CO32010011311

BUCHANAN (V) - MS4 03/03/2010 State Administrative Order of Consent

NY-CO3201001139

SOUTH NYACK (V) MS4 02/18/2010 State Administrative Order of Consent

NY-CO3201002048

MEENAN OIL DMR OVERDUE 03/08/2010 State Administrative Order of Consent

NY-CO32010042611

ONTEORA SCHOOL 1/10 DMR 05/24/2010 State Administrative Order of Consent

NY-CO42009090910

DELAWARE-CHENANGOBOCES DMR







NYS OFFICE CHILDREN ANDFAMILY SERVICES DMR


NY-CO4200909291

US POSTAL SERVICE 11/23/2009 State Administrative Order of Consent

NY-CO42010020411

SUBURBAN HEATIN OIL PRTN,LLC DMR


NY-CO42010020413

JRL OUTREACH DMR 03/19/2010 State Administrative Order of Consent

NY-CO6200907271

DEFERIET DMR 07/06/2010 State Administrative Order of Consent

NY-CO6200908271

BADLANDS DAIRY -ALJ 07/30/2010 State CWA Penalty AO

NY-CO6200909291

FELDMEIER EQUIPMENT INCMSGP


NY-CO6200909292

RONALD LEONARD MSGP 11/10/2009 State Administrative Order of Consent

NY-CO6201001251

UTICA (C) MS4 03/31/2010 State Administrative Order of Consent

NY-CO7200909098

HADCO CORP DMR 11/09/2009 State Administrative Order of Consent






FEDEX FREIGHT EAST INCMSGP


NY-CO7200909294

MATLOW COMPANY INC MSGP 10/29/2009 State Administrative Order of Consent

NY-CO72010020912

TED HARRISON - DMR ALJ 08/03/2010 State CWA Penalty AO

NY-CO8200909294

NELSON ALLEN MSGP 10/30/2009 State Administrative Order of Consent

NY-CO8200909295

COCA COLA DMR 01/07/2010 State Administrative Order of Consent

NY-CO9200909294

ADM MILLING CO MSGP 10/30/2009 State Administrative Order of Consent

NY-CO92010011313

LACKAWANNA ( C) MS4 04/08/2010 State Administrative Order of Consent

NY-ETP0932 WOODCREST ESTATES -SUFFOLK


NY-ETP0934 GREENWOOD AT OAKDALEHOA - SUFFOLK


NY-ETP1001 SILVER PONDS 02/19/2010 State Administrative Order of Consent

NY-ETP1002 ARTIST LAKE OVERFLOW 03/03/2010 State Administrative Order of Consent





Summary

NY-ETP1011 SADDLE BROOK APARTMENTSSUFFOLK


NY-LER509007261

BLUE MOUNTAIN LAKE SITE 10/01/2009 State Administrative Order of Consent

NY-LER509009356

DONNELLAN UNPERMITTED 04/29/2010 State Administrative Order of Consent

NY-LER509012419

POHL FACILITY 10/01/2009 State Administrative Order of Consent

NY-LER509022672

BOLTON (T) UNPERMITTEDDISCHARGE


NY-LER510002359

CREST INN SUITESUNPERMITTED


NY-LER510003480

PARKER WATER WELLS 04/14/2010 State Administrative Order of Consent

NY-LER51000351

SHEFT UNPERMITTED 05/07/2010 State Administrative Order of Consent

NY-LER51107685

LEDUC'S GREEN ACRE FARM 12/21/2009 State Administrative Order of Consent

NY-LER810001127

GAS FIELD SPECIALIST - MSGPUNPERMITTED






Summary

NY-LER810006336

TORREY FARMSUNPERMITTED DISCHARGE


NY-N00002149 WILLIAMSVILLE (V) SANITARYOVR (PERMIT NY0202631)ADMINISTRATIVE CONSENTORDER


Comments MIGNY-N00002484 ATHENS (V) WWTP (PERMIT

NY0020869) ADMINISTRATIVECONSENT ORDER


Comments MIGNY-N00002699 VALLEY RIVER, INC (PERMIT



EXTENDED DATENY-N00002726 SCHUYLERVILLE (V) WWTP

(PERMIT NY0031941)ADMINISTRATIVE CONSENTORDER


CHANGE SCOPE OF SSENY-N00002848 ALBION (V) STP (PERMIT



CHANGES SSES DATENY-R120061018260

JOHN IOANNOU ALJ 11/19/2009 State CWA Penalty AO

NY-R1201001134

OYSTER BAY - EFFLUENT 03/25/2010 State Administrative Order of Consent





Summary

NY-R220060928465

DAYTON BEACH PARK NO 1CORP


NY-R220091215718

GARPO MARINE SERVICESUNPERMITTED


NY-R22010010713

ASTORIA FACILITYUNPERMITTED


NY-R22010012232

HELENA ESTATES - EROSIONCONTROL


NY-R22010020347

A1 SCRAP METALPROCESSING MSGPCOVERAGE


NY-R22010020448

ATLANTIC MARINA -UNPERMITTED


NY-R22010030182

MAY SHIP REPAIR-UNPERMITTED


NY-R220100326106

BARREN ISLAND MARINA INCUNPERMITTED


NY-R220100326107

VENICE MARINA INC MSGPUNPERMITTED






SummaryNY-R220100402112

MILL BASIN MARINA CO, LLCMSGP UNPERMITTED


NY-R320060511691

RUSHMORE EFFLUENTBYPASSES


NY-R32009030336

WALDEN (V) EFFLUENT 11/05/2009 State Administrative Order of Consent

NY-R32009030337

ORANGETOWN EFFLUENT 10/21/2009 State Administrative Order of Consent

NY-R32009041048

ARMED FORCES RESERVECENTER CONSTRUCTION


NY-R32009060474

MOUNT VERNON (C) MS4 12/21/2009 State Administrative Order of Consent

NY-R32009072981

BLUEFIELD GARDENSSTORMWATER


NY-R32009081085

GLENMERE MANSION 10/08/2009 State Administrative Order of Consent

NY-R320091005101

STONY POINT (T) MS4 AUDIT 04/21/2010 State Administrative Order of Consent

NY-R320091005102

UNITED TALMUDICALACADEMY







CONSOLIDATED EDISONCOMPANY UNPERMITTED


NY-R32010052144

THE DELANY GROUPUNPERMITTED


NY-R42007070386

CAMP OORAH 01/14/2010 State Administrative Order of Consent

NY-R42007073199

MOUNTAIN SIDE FARMS 01/26/2010 State Administrative Order of Consent

NY-R42008051566

CAPITAL VACUUM DRY WELL 06/07/2010 State Administrative Order of Consent

NY-R420090703109

CHERPELIS PROPERTY 10/16/2009 State Administrative Order of Consent

NY-R420090715115

MONTGOMERY CO SANITARYSEWER DISTRICT NO 1


NY-R420090818135

ACRA MANOR RESORT 11/09/2009 State Administrative Order of Consent

NY-R420090903142

MOUNTAIN VIEW ACRES -UNPERMITTED


NY-R420091123179

3143 RTE 9 -SYSTEM FAILURE 01/05/2010 State Administrative Order of Consent






GOLF CLUB RD SEWAGEWORKS - EFFLUENT


NY-R420091204188

ERIN'S MELODY INN - RAWSEWAGE DISCHARGE


NY-R420091222194

ALTAMONT (V) 03/16/2010 State Administrative Order of Consent

NY-R420091222196

MATO PROPERTY -STORMWATER


NY-R42010061557

CATSKILL LTCP 07/13/2010 State Administrative Order of Consent

NY-R520060314576-1

WHITEHALL AG REFERRAL 10/15/2009 Civil Judicial Action

NY-R520070221671

CARNEY'S COMMISSIONER'SORDER


NY-R520071213781

SARATOGA COUNTYEFFLUENT/BYPASSES


NY-R520090420879

FINCH PAPER UNPERMITTEDDISCHARGE


NY-R520090506886

BENNETT FARM 10/02/2009 State Administrative Order of Consent





Summary

NY-R520090712902

COOPER POINT PUMPSTATION


NY-R520090713900

GREEN HARBOUR HOA INC 02/23/2010 State Administrative Order of Consent

NY-R520090713901



NY-R520090713903



NY-R520090717906

CAMERON'S TRAILER PARK 02/23/2010 State Administrative Order of Consent

NY-R520091001925

CHESTNUT HILL LOGGINGSITE


NY-R520091020934

IRVING TISSUE EFFLUENT 11/23/2009 State Administrative Order of Consent

NY-R520091117940

AVENDALE - TURBIDITY 01/28/2010 State Administrative Order of Consent

NY-R520091201941

CAMELOT ASSOCIATES -REVOLUTIONARY HEIGHTS


NY-R520091214942

GEYSER POND COFFER DAM 12/23/2009 State Administrative Order of Consent





Summary

NY-R520091215943

KUBRICKY CONSTRUCTION -9N DRAINAGE


NY-R520091230946

CANNON POINT UNPERMITTEDDISCHARGE


NY-R520100108950

GARCEAU UNPERMITTED 02/09/2010 State Administrative Order of Consent

NY-R520100113952

ALDI PUMP STATIONOVERFLOW


NY-R520100202956

FREDERICK'S POINT EXPIREDPERMIT


NY-R520100406964

NIAGARA MOHAWK TURBIDITY 04/26/2010 State Administrative Order of Consent

NY-R520100507972

ROGER MAYVILLEUNPERMITTED DISCHARGE


NY-R62008051934

ROYAL J ACRES 01/29/2010 State Administrative Order of Consent

NY-R62009040915

WOODCREST DAIRY CNMP 01/04/2010 State Administrative Order of Consent

NY-R62009100860

SHERRILL PUMP STAOVERFLOWS






Summary

NY-R62009121570

TABERG EFFLUENT 04/22/2010 State Administrative Order of Consent

NY-R62010011101

INTERNATIONAL WIRE GROUPEFFLUENT


NY-R62010011302

BAILLIE LUMBER COMPANY -UNPERMITTED


NY-R62010021204

CHAMPION FARMS MANUREDISCHARGE


NY-R720081014111

CARP-SECA CORPUNPERMITTED


NY-R720081016116

BRENNAN BEACH RESORTEFFLUENT


NY-R7201001155

OXFORD EFFLUENT 07/06/2010 State Administrative Order of Consent

NY-R82006041810

CONESUS LAKE COUNTYSEWER DISTRICT


NY-R82008061343

EL-VI FARMS- BMPS 05/13/2010 State Administrative Order of Consent

NY-R82008081159

SPRINGWATER EFFLUENT 10/21/2009 State Administrative Order of Consent





Summary

NY-R82008081159

SPRINGWATER EFFLUENT 02/01/2010 State Administrative Order of Consent

NY-R82008100481

LAMB FARMS CNMP 03/26/2010 State Administrative Order of Consent

NY-R82008100983

SELDON STOKOE CNMP 02/25/2010 State Administrative Order of Consent

NY-R8200901271

LISMORE DAIRY - CNMPIMPLEMENTATION


NY-R82009061726

HAMPTON CORNERS MINE -EFFLUENT


NY-R82009071748

VILLAS AT CANANDAIGUA 01/13/2010 State Administrative Order of Consent

NY-R82009122359

TORREY FARMS BMPS 03/31/2010 State Administrative Order of Consent

NY-R8201003247

GREAT LAKES KRAUT LAGOONVIOLATIONS


NY-R82010040512

VICTOR (V) EFFLUENT 04/21/2010 State Administrative Order of Consent

NY-R92003041019

LANCASTER SSO 05/10/2010 State Administrative Order of Consent





Summary

NY-R92007121482

MALLARDS DAIRY MANURESPILL


NY-R92008091860

GRAND ISLAND BYPASSES 03/24/2010 State Administrative Order of Consent

NY-R92009040823

TONAWANDA SSOS 12/31/2009 State Administrative Order of Consent

NY-R9201002226

KLEIN CUTLERY GWSTANDARDS


NY-R9201003037

AMHERST (T) EFFLUENT 03/19/2010 State Administrative Order of Consent

NY-UPG-2009-005

PINE HILLS- SUFFOLK 03/18/2010 State Administrative Order of Consent

NY-UPG2009005

WHISPERING PINES STP -SUFFOLK


NY-UPG2009006

THE LAKES AT SETAUKET -SUFFOLK


NY-UPG2009008

SUNRISE GARDENAPARTMENTS - SUFFOLK


NY-UPG2009009

HEATHERWOOD HOUSEEFFLUENT






Summary

NY-UPG2009010

TALL OAKS - SUFFOLK 12/01/2009 State Administrative Order of Consent

NY-UPG2010001

WOODHAVEN HOME FORADULTS - SUFFOLK


NY-UPG2010002

GREENPORT GROUP LLCPUMP STATION -SUFFOLK


NY-UPG2010003

HOMESTEAD VILLAGEEFFLUENT





Summary03-1995-0232 NASSUA METALS (C&D

RECYCLING SITE)03/22/2010 Civil Judicial Action

THIS IS AN ACTION TO RECOVER PAST COSTS OF $855,894.73 EXPENDED BY EPA IN RESPONDING TO THE RELEASE AND THREATENED RELEASE OFHAZARDOUS SUBSTANCES ON OR FROM THE SITE INTO THE ENVIRONMENT AND FOR A DECLARATORY JUDGEMENT FOR THE LIABILITYASSOCIATED WITH FURTHER RESPONSE COSTS TO BE EXPENDED. 03-1997-0178 HORSEHEAD INDUSTRIES, INC. 10/27/2009 Civil Judicial Action





Summary THIS IS A CIVIL LITIGATION REPORT UNDER SECTION 107(A)(1) AND (2) OF CERCLA. THE CLAIM IS FOR RECOUPMENT OF AT LEAST $5,896,792.60FROM POTENTIALLY RESPONSIBLE PARTIES INCURRED BY EPA FOR RESPONSE ACTIONS DUE TO THE RELEASE OF HAZARDOUS SUBSTANCES,INCLUDING ZINC, CADMIUM, AND LEAD AT THE PALMERTON ZINC PILE SUPERFUND SITE IN PALMERTON, CARBON COUNTY, PENNSYLVANIA. IT ADDITIONALLY SEEKS DECLARATORY JUDGMENT FOR LIABILITY FOR FUTURE COSTS TO BEINCURRED AT THE SITE UNDER SECTION 113(G)(2) OFCERCLA. EPA HEREBY REQUESTS TAHT THE DEPARTMENT OF JUSTICE INITIATE AN ACTION INTHE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SEEKING RECOUPMENT OF PAST RESPONSE COSTSINCURRED AT THE SITE AND A DECLARATORY JUDGEMENT FOR LIABILITY FOR FUTURE RESPONSE COSTS. THIS IS A LETTER REFERRAL TO SUPPLEMENT A CIVIL LITIGATION REPORT (REFERRAL) DATED APRIL 11, 1997, CONCERNING THE PALMERTON ZINCPILE SUPERFUND SITE LOCATED IN PALMERTON, CARBON COUNTY, PENNSYLVANIA. EPA IS REQUESTING THAT DOJ FILE A MOTION TO AMEND THECOMPLAINT PREVIOUSLY FILED IN THIS MATTER (CIVIL ACTION NO. 3:CV-98-0654) TO SEEK ENFORCEMENT OF THE PROVISIONS OF A 1988CONSENT DECREE BETWEEN THE UNITED STATES AND ZINC CORPORATION OF AMERICA, A DIVISION OF HORSEHEAD INDUSTRIES, INC., WHICHREQUIRES PAYMENT OF EPA'S OVERSIGHT COSTS IN CONNECTION WITH OPERABLE UNIT 1 OF THE SITE. THE APRIL 1, 1997, REFERRALRECOMMENDED THAT A COMPLAINT BE FILED AGAINST HORSEHEAD INDUSTRIES, INC., HORSEHEAD DEVELOPMENT COMPANY, INC., TCI PACIFICCOMMUNICATIONS, INC. AND VIACOM INTERNATIONAL INC. PURSUANT TO SECTIONS 07 AND 113 OF CERCLA FOR RECOVERY OF PAST COSTS AND ADECLARATORY JUDGMENT FOR LIABILITY FOR FUTURE COSTS IN CONNECTION WITH THE SITE. SUCH A COMPLAINT WAS FILED ON APRIL 17, 1998,IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. SUPPLEMENTAL REFERRAL SENT NOV OCTOBER 27,2009, AMENDED CONSENT DECREE ENTERED WHICH RESOLVES NATURAL RESOURCE DAMAGES CLAIMS IN CONNECTION WITH THEPALMERTON ZINC PILE SUPERFUND SITE IN PALMERTON, CARBON COUNTY, PENNSYLVANIA. UNDER THE TERMS OF THE AMENDMENT, THESETTLING DEFENDANTS WILL PAY TO THE FEDERAL AND COMMONWEALTH TRUSTEES $2,500,000 TO REIMBURSE THE TRUSTEES FOR ASSESSMENTCOSTS, AND $9,875,000 FOR THE JOINT BENEFIT AND USE OF THE FEDERAL AND COMMONWEALTH TRUSTEES. IN ADDITION, THE SETTLINGDEFENDANTS WILL TRANSFER OWNERSHIP OF A 1200-ACRE TRACK OF LAND KNOWN AS THE KINGS MANOR PROPERTY TO THE COMMONWEALTHAND WILL RELEASE $331,500 MORTGAGE HELD BY VIACOM INERNATIONAL, INC ON PROPERTY ACQUIRED BY THE WILDLIFE INFORMATION CENTERFOR USE BY THE LOCAL COMMUNITY.03-2000-0340 PENNSYLVANIA,

COMMONWEALTH OF06/28/2010 Civil Judicial Action

ON MAY 19, 2000, EPA REFERRED AN ACTION FOR COST RECOVERY UNDER CERCLA TO THE DEPARTMENT OF JUSTICE TO RECOVER EPA'S COSTSFOR REMOVAL OF FRIABLE ASBESTOS AT THE VALLEY FORGE NATIONAL HISTORICAL PARK IN VALLEY FORGE, PENNSYLVANIA. EPA AND ATSDR,TOGETHER, SPENT IN EXCESS OF $619,000 TO ASSESS RISK FROM EXPOSED FRIABLE ASBESTOS AND TO MINIMIZE THAT RISK BY, AMONG OTHERACTIONS, BUYING ENCAPSULATING OR PROVIDING FOR LONG-TERM WETTING OF THE ASBESTOS. 03-2004-0274 CONEXANT SYSTEMS, INC., ET

AL.02/23/2010 Civil Judicial Action





SummaryREQUESTING THE DEPARTMENT OF JUSTICE ("DOJ") ASSIST THE ENVIRONMENTAL PROTECTION AGENCY ("EPA") WITH A PREVIOUSLY REFERREDCOST RECOVERY ACTION IN CONNECTION WITH THE RECTICON/ALLIED STEEL SUPERFUND SITE, PURSUANT TO 107 OF THE COMPREHENSIVEENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ("CERCLA"), 42 U.S.C. SECTION 9607 AND 9613. EPA HAS INCURREDAPPROXIMATELY $645,396.57, INCLDUING INTEREST, IN UNREIMBURSED PAST RESPONSE COSTS IN CONNECTION WITH THE SITE. EPA REQUESTSTHAT DOJ FILE A COMPLAINT AGAINST AND/OR REACH A SETTLEMENT WITH THREE POTENTIALLY RESPONSIBLE PARTIES AT THE SITE - CONEXANTSYSTEMS, INC., HIGHVIEW GARDENS, INC., AND WELLSFORD, INC. - TO RECOVER THESE PAST COSTS. SECOND, EPA IS REQUESTING THAT, BEFORE JUNE 4, 2004, DOJ SECURE A TOLLING AGREEMENT WITH WELLSFORD, THE CURRENT OWNER OF THESITE PROPERTY. THE STATUTE OF LIMITATIONS WITH RESPECT TO THE OTHER TWO PRPS WAS PREVIOUSLY TOLLED. FURTHERMORE, AS PARTOF ANY SETTLEMENT WITH WELLSFORD, EPA ASKS THAT DOJ INCLUDE AN AGREEMENT FOR WELLSFORD'S IMPLEMENTATION OF INSTITUTIONALCONTROLS AT THE SITE PROPERTY AS REQUIRED BY THE 1997 AMENDMENT TO THE RECORD OF DECISION FOR THE SITE. FINALLY, EPA IS REFERRED A PENALTY ACTION FOR $72,380 AGAINST HIGHVIEW GARDENS, PURSUANT TO SECTION 106(b) OF CERCLA, 42 U.S.C.SECTION 9606(b), FOR NONCOMPLIANCE WITH THE ADMINISTRATIVE ORDER FOR REMEDIAL DESIGN/REMEDIAL ACTION THAT EPA ISSUED INCONNECTION WITH THE SITE, PURSUANT TO SECTION 106(a) OF CERCLA, 42 U.S.C. SECTION 9606(a). 3RD JUDICIAL COMPLAINT ISSUED ON 6/23/2009; UNABLE TO ENTER DUE TO VALIDATION W/I ICIS. HIGHVIEWS GARDEN, INC. CIVIL ACTION # 09-2827.03-2004-0303 NORFOLK NAVAL SHIPYARD 05/05/2010 CERCLA 120E Federal Facility Agreement (FFA)THIS IS AN ADMINISTRATIVE AGREEMENT BETWEEN THE US NAVY AND EPA REGARDING REMEDIAL INVESTIGATION AND WORK AT NORFOLK NAVALSHIPYARD, PORTMOUTH, VA, PURSUANT TO CERCLA SECTION 120(E). THIS ACTION IS NOT IN RESPONSE TO A VIOLATION OF CERCLA; IT IS ANAGREEMENT GOVERNING PROCEDURES BETWEEN A LEAD AGENCY (THE NAVY) AND AN OVERSEEING AGENCY (EPA) PURSUANT TO CERCLA. THEFACILITY STREET ADDRESS IS ALSO REFERRED TO AS VICTORY BOULEVARD.03-2005-0075 LAFARGE NORTH AMERICA,

INC (NATIONAL CASE)03/18/2010 Civil Judicial Action

FAILURE TO OBTAIN PSD PERMIT FOR MAJOR MODIFICATION FOR SO2.03-2005-0234 TANANA OIL CORP, ET. AL. 07/26/2010 Civil Judicial Action





SummaryRegion III has requested the United States Department of Justice (?DOJ?) to file an action in the District Court of Maryland seeking the enforcement of a DefaultOrder, including the cleanup of groundwater and soil contamination caused by the underground storage tanks (?USTs?) located at a Maryland gas station, thecollection of a civil penalty in the amount of $46,789.00 assessed in such Default Order, and the assessment of a penalty for noncompliance with such Default Order.The Default Order was issued pursuant to Subtitle I of the Resource Conservation and Recovery Act (RCRA), and requires compliance with the closure requirementsfor USTs. On July 29, 2004, Administrative Law Judge Barbara A. Gunning issued a Default Order regarding UST violations at the Facility. A Complaint, Compliance Order andNotice of Opportunity for Hearing ("Complaint") was filed by Region III on September 30, 2003 pursuant to RCRA). The Complaint alleged violations of Subtitle I ofRCRA and the state of Maryland's authoriz UST program. The Complaint was filed against the operator, Tanana Oil Corporation ("Tanana"), and the owner, Tri-AngleHolding Corporation ("Tri-Angle") for violations at the facility Tanana Oil Station #409, ("the facility") located at 7526 North Point Road, Edgemere, Maryland. TheComplaint alleged that Respondents failed to provide required method(s) of release detection or to meet certain performance standards for the UST systems at theFacility. Respondents also failed to properly close the USTs systems when the Facility was abandoned. Tanana and Tri-Angle failed to file documents responsive to ALJ Gunning???s March 5, 2004 Order requiring the parties to engage in a pre-hearing exchange ofinformation. On June 7, 2004 ALJ Gunning issued a Show Cause Order to the Respondents requiring them to explain why they did not file their ???Pre-HearingExchange??? documents by the June 5, 2004 deadline. Respondents filed no responsive documents regarding either Order. Judge Gunning issued the DefaultMotion to Respondents noting that it had been seven weeks since the Respondents??? obligation to file responsive documents regarding the March 5, 2004 Order. 03-2005-0392 SAINT GOBAIN CONTAINERS,






SummaryON JULY 19, 2005, THE EPA REGION X SENT DOJ A DIRECT REFERRAL REQUESTING THAT IT FILE A CIVIL ACTIOIN AGAINST SAINT-GOBAINCONTAINERS, INC (SGCI) FOR VIOLATIONS OF THE CLEAN AIR ACT (CAA), 42 U.S.C. SECTION 7401-7671Q AT FIFTEEN (15) GLASS CONTAINERMANUFACTURING PLANTS ACROSS THE UNITED STATES. THE ALLEGED VIOLATIONS INCLUDE SGCI'S CONSTRUCTIONS OF MODIFICATION TO AIRPOLLUTIONI SOURCES SUBJECT TO PREVENTION OF SIGNIFICAN DETERIORATION (PSD) REQUIREMENTS WITHOUT OBTAINING A PERMIT ASREQUIRED BY 42 U.S.C. SECTION 745 AND 40 C.F.R. SECTION 52.21. THE JULY 19, 2005, REFERRAL PROPOSES A GLOBAL SETTLEMENT APPROACHSIMILAR TO THAT USED IN RECENT MULTI-REGIONAL CLEAN AIR ACT CIVIL CASES. REGION III IS NOW FORMALLY REFERRING FOR ACTION AS PART OF THE PROPOSED GLOBAL SETTLEMENT WITH SGCI, IN ADDITION TO THE FIFTEENFACILITIES ALREADY REFERRED, VIOLATIONS AT SCGI'S FACILITY LOCATED IN PORT ALLEGANY, MCKEAN COUNTY, PENNSYLVANIA (THE "FACILITY"). REGION 10 IS LEAD REGION.03-2005-0394 HOVNANIAN ENTERPRISES,

INC08/05/2010 Civil Judicial Action

THE VIOLATIONS AT THESE SITES CONSIST PRIMARILY OF FAILURE TO EITHER OBTAIN PERMIT COVERAGE OR TO IMPLEMENT THE REQUIREMENTSOF THE APPLICABLE PERMIT. EPA, TOGETHER WITH LOCAL COUNTY CONSERVATION DISTRICTS, CONDUCTED INSPECTIONS AT THREE SITES INPENNSYLVANIA. IN PARTICULAR, EROSION CONTROLS AT THE SITES WERE NOT BEING IMPLEMENTED AND/OR MAINTAINED. EPA SOUGHTADDITIONAL INFORMATION PURSUANT TO THE CWA SECTION 308, ON THE CONSTRUCTION ACTIVITIES OF HOVNANIAN ENTERPRISES IN THEREGION. HOVNANIAN'S RESPONSE TO THE 308 REQUEST PROVIDED EVIDENCE OF MORE VIOLATIONS: 45 OTHER CONSTRUCTION SITES WHICHWERE NEVER COVERED BY AN NPDES PERMIT, OR WHERE CONSTRUCTIONI ACTIVITY BEGAN BEFORE PERMIT COVERAGE WAS OBTAINED. BYFAILING TO OBTAIN COVERAGE UNDER, OR TO COMPLY WITH, AN NPDES STORMWATER PERMIT, HOVNANIAN HAS VIOLATED THE PROHIBITION OFSETION 301(A) OF THE CWA, 33 U.S.C. SECTION 1311(A), AGAINST UNAUTHORIZED DISCHARGES OF POLLUTANTS.03-2006-0161 ALERIS INTERNATIONAL, INC.


VIOLATION OF 40 CFR PART 63 SUBPART RRR FOR EMISSION VIOLATIONS OPERATING & MONITORING VIOLATIONS AND NOTICE AND TESTVIOLATIONS AT 3 PLANTS. ROCK CREEK ALUMINUM/BENS RUN RECYCLING 4203 S. STATE ROUTE 2, FRIENDLY, WV 26146 ALUMITECH OF WEST VIRIGINIA, INC. 3816 S. STATE ROUTE 2, FRIENDLY, WV 2614603-2006-0290 BESSIE D. JONES 03/30/2010 TSCA 16 Action For PenaltyRESPONDENT FAILED TO COMPLY TO TSCA SECTION 40903-2007-0098 H.C. MCCOMAS FUEL CO. 04/15/2010 CWA 311B6B1 AO For Class I Penalty





SummaryH.C. MCCOMAS FUEL COMPANY ("MCCOMA") IS ENGAGED IN THE RETAIL SALE OF FUEL OIL. MCCOMAS OPERATES A BULK OIL STORAGE FACILITYAT 2301 EVERGREEN STREET INBALTIMORE, MARYLAND ("FACILITY") WITH AN ABOVE-GROUND STORAGE CAPACITY OF ABOUT 120,000 GALLONS.tHE FACILITY DISPENSES PETROLEUM PRODUCTS THROUGH A LOADING RACK INTO DELIVERY TRUCKS. EPA INSPECTED THE FACILITY IN OCTOBER2006. EPA OBSERVED THAT THE LOADING RACK DRAINS TO TWO OIL-WATER SEPARATORS WITH A TOTAL STORAGE CAPACITY OF 1,500 GALLONS.THE SPCC REGULATIONS REQUIRE THAT A FACILITY'S LOADING RACK MUST HAVE SECONDARY CONTAINMENT SUFFICIENT TO CONTAIN THEVOLUME OF THE LARGEST TANK TRUCK IN USE AT THE FACILITY. MCCOMAS' TRUCKS ARE EQUIPPED WITH 2,800 GALLON TANKS. SINCE THESTORAGE CAPACITY OF MCCOMAS' LARGEST TRUCK EXCEEDS THE COMBINED VOLUME OF THE OIL-WATER SEPARATORS LINKED TO THE LOADINGRACK BY 1,300 GALLONS, THE FACILITY'S LOADING RACK HAS INSUFFICIENT SECONDARY CONTAINMENT IN VIOLATION OF 40 C.F.R 112.7(h).03-2007-0104 DUNCAN PETROLEUM

CORPORATION08/05/2010 Civil Judicial Action

VIOLATION OF UNDERGOUND STORAGE TANK REQUIREMENTS, INCLUDING FAILURE TO PERFORM TANK RELEASE DETETION, FAILURE TO PROVIDECORROSION PREVENTION, AND FAILURE TO TEST CATLISDIZ PROTECTION SYSTEMS. ALSO, VIOLATED REPROTING AN MONITORIN REQUIREMENTSAGREED TO IN ADMINISTRATIVE SETTLEMENT. 08/20/08: THE CIVIL LITIGATION REPORT SUPPLEMENTS A PREVIOUS REPORT FORWARD TO THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ)ON DECEMBER 29, 2006. THE INITIAL REFERRAL REQUESTED ASSISTANCE IN ENFORCING A CONSENT AGREEMENT AND FINAL ORDER, DOCKET NO.EPA-III-RCRA-03-2004-04(CAFO) ISSUED PURSUANT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S RULES FOUND AT 40 C.F.R.PART 22. DEFENDANT REMAINS IN NONCOMPLIANCE OF THIS CAFO. THIS SUPPLEMENTAL CIVIL LITIGATION REPORT REQUESTS THAT THE DEPARTMENT OF JUSTICE BRING A CIVIL ACTION IN THE APPROPRIATEJURISDICTION TO OBTAIN PENALTIES FOR PAST VIOLATIONS OF SUBTITLE I OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), 42U.S.C. SECTION 6991-6991M FROM DUNCAN PETROLEUM. THESE VIOLATIONS TOOK PLACE AT DEFENDANT'S NINETEEN (19) FACILITIES LOCATED INDELAWARE AND MARYLAND. DEFENDANTS OWNED AND OPERATED 72 USTS AT 17 FACILITIES IN DELAWARE AND MARYLAND. VIOLATIONS INCLUDED: FAILURE TO PROVIDERELEASE DETECTION, FAILURE TO PROVIDE OVERFILL EQUIPMENT, FAILURE TO PROVIDE LINE LEAK DETECTORS FAILURE TO PERFORM LINE LEAKDETECTOR AND LINE TIGHTNESS TESTING, FAILURE TO PERFORM CATHODIC PROTECTION TESTING AND INSPECTIONS, FAILURE TO OPERATE ANDMAINTAIN CORROSION PROTECTION, AND FAILURE TO REPORT AND INVESTIGATE A SUSPECTED RELEASE.03-2007-0145 HAMPTON ROADS SANTIATION

DISTRICT02/23/2010 Civil Judicial Action

On March 16, 2007, Region III forwarded to the Department of Justice a referral requesting that the DOJ file a civil action against the Hampton Roads SanitationDistrict ( HRSD ) for violations of the CWA and HRSD s NPDES permits. The violations consist of sanitary sewer overflows of raw sewage from the HRSD sanitarysewer system including an interceptor system and nine waste water treatment plants in Hampton Roads, Virginia. EPA is seeking injunctive relief that would requireHRSD to identify and eliminate the causes of the discharges. EPA also seeks to recover a penalty in the one to two million dollar range.





Summary03-2007-0340 LOGISTICS INTERNATIONAL -

GEORGIA, INC.02/24/2010 Civil Judicial Action

Region III has referred a cost recovery action under Sections 107(a) and 113 of CERCLA in connection with the I-81 Tractor Trailer Chemical Spill Superfund Site inFort Defiance, Augusta County, Virginia. The Region seeks to recover unreimbursed costs of approximately $738,538.96 incurred in connection with the removalaction at the Site. The recommended defendant is Logistics International- Georgia, Inc. (ALIG@). On February 5, 2005, a tractor trailer owned by LIG, carrying20,000 pounds of materials containing hazardous substances, caught fire while traveling on Interstate 81 (AI-81") in Virginia. The fire resulted in the release of thecontents of the trailer, which included chromium, hexavalent chromium, and silver nitrate, to the soil along I-81 and to a nearby stream. After initial responses by LIGand the Virginia Department of Environmental Quality, EPA=s emergency removal action began on February 22, 2005, and included excavation of 222 tons of soilfrom the area of the truck fire and along I-81, as well as removal of approximately 40,000 gallons of water from the stream. All Site removal activities were completedon October 21, 20003-2007-0342 NORTH PENN AREA 12


ON SEPT 24, 2007, THE REGIONAL ADMINISTRATOR SIGNED A CIVIL LITIGATION REPORT ("REFERRAL") WHICH REQUEST THAT THE DEPARTMEONTOF JUSTICE ("DOJ") FILA A COMPLAINT AGIANST SCHLUMBERGER OIL FIELD SERVICES ("SCHLUMBERGER"), ON BEHALF OF THE ENVIONMENTALPROTECTION AGENCY, REGION III ("EPA"), SEEKING OVERSIGHT COST AND INTEREST TOTALING APPROXIMATELY $79,336.39, INCURRED AT OR INCONNECTION WITH THE NORTH PENN AREA 12 SUPERFUND SITE.03-2007-0352 NEWELL HOLDINGS

DELAWARE, INC.02/17/2010 Civil Judicial Action

REGION III HAS REFERRED A COST RECOVERY ACTION UNDER SECTONS 107(A) AND 113 OF CERCLA, IN CONNECTION WITH THE EIGHT AND PLUTUSSTREETS POTTERY SUPERFUND SITE IN CHESTER, HANCOCK COUNTY, WEST VIRIGINIA. THE REGION IS CURRENTLY SEEKING TO RECOVERUNREIMBURSED COSTS OF APPROXIMATERLY $424,667.89 INCURRED IN CONNECTION WITH RESPONSE ACTIONS AT THE SITE.03-2007-0352 NEWELL HOLDINGS

DELAWARE, INC.03/23/2010 Civil Judicial Action

REGION III HAS REFERRED A COST RECOVERY ACTION UNDER SECTONS 107(A) AND 113 OF CERCLA, IN CONNECTION WITH THE EIGHT AND PLUTUSSTREETS POTTERY SUPERFUND SITE IN CHESTER, HANCOCK COUNTY, WEST VIRIGINIA. THE REGION IS CURRENTLY SEEKING TO RECOVERUNREIMBURSED COSTS OF APPROXIMATERLY $424,667.89 INCURRED IN CONNECTION WITH RESPONSE ACTIONS AT THE SITE.03-2008-0094 DEGS OF NARROWS, LLC 04/12/2010 Civil Judicial ActionFAILURE TO COMPLY WITH VA NOX BUGET TRADING PROGRAM BY FAILING TO LINEARITY TEST ON EMISSION MONITORS. FAILURE TO COMPY WITHTITLE V PERMIT; VAIULURE TO MONITOR VALVES AND CONNECTOR IN ORGANIC LIQUIDS SERVICE; FAIULURE TO HAVE PROPER PRESSURE SETTINGON VALVES.03-2008-0095 ALLEGHENY LUDLUM

CORPORATION ET. AL04/24/2010 Civil Judicial Action





SummaryVIOLATIONS OF CAA AND PA SIP REGARDING FUGITIVE EMISSIONS OF "PM10" AT FACILITY. BOTH THE OPACITY AND FUGITIVE EMISSION LIMITS/STANDARDS OF THE ALLEGHENY COUNTY PROTION OF PA SIP WERE VIOLATED AS A RESULT OF FAILURE TO CONTROL PROCESS FUGITIVEEMISSIONS AT VARIOUS POINTS AT THE FACILITY.03-2008-0095 ALLEGHENY LUDLUM

CORPORATION ET. AL07/02/2010 Civil Judicial Action

VIOLATIONS OF CAA AND PA SIP REGARDING FUGITIVE EMISSIONS OF "PM10" AT FACILITY. BOTH THE OPACITY AND FUGITIVE EMISSION LIMITS/STANDARDS OF THE ALLEGHENY COUNTY PROTION OF PA SIP WERE VIOLATED AS A RESULT OF FAILURE TO CONTROL PROCESS FUGITIVEEMISSIONS AT VARIOUS POINTS AT THE FACILITY.03-2008-0179 MATTHEW BUPP, D/B/A

LENDERS GROUP MORTGAGECO. & L&S RECYCLING

03/23/2010 CAA 113D1 Action For Penalty

RESPONDENT MATTHEW BUPP, OWNER OF LENDERS GROUP MORTGAGE COMPANY, HIRED RESPONDENT L&S RECYCLING, INC. TO DEMOLISH THEW.S. FREY CO. FACILITY. NEITHER RESPONDED PROVED EPA OR PADEP WITH REQUIRED NOTICE OF INTENT TO DEMOLISH.03-2008-7012 READING COMPANY 04/08/2010 Civil Judicial ActionOn September 24, 2008, the Deputy Regional Administrator for EPA Region III approved a referral to the Department of Justice requesting that the Department settleclaims against two related corporate defendants under Sections 107(a) and 113 of CERCLA for unreimbursed response costs associated with the Modena YardSuperfund Site ( Site ). The Site straddles Modena Borough and East Fallowfield Township in Chester County, Pennsylvania. Through March 3, 2008, EPA sunreimbursed response costs were $141,356.55, including prejudgment interest. The recommended defendants are Reading Real Estate Company ( RREC ), theformer owner of the Site, and Reading Company ( Reading ), the parent of RREC, which arranged for the disposal of hazardous substances at the Site. The Site usedto be a metal scrap yard, which was operated by Luria Brothers and Company, Inc. ( Luria Brothers ) from approximately 1921 until 1985. RREC (f/k/a Eastern RealEstate Company) owned the Site from 1910 until 1969 and leased the Site to Luria Brothers from approximately 1921 until 1969, when Luria Brothers purchased theSite from RREC. As part of its decades-long operations at the Site, Luria Brothers dismantled tens of thousands of railcars, including large steam locomotives, whichwere sent to the Site by Reading, among others. Some of the railcars dismantled by Luria Brothers at the Site contained polychlorinated biphenyls ( PCBs ). Underan EPA administrative consent order, Connell Limited Partnership, another potentially responsible party, has been performing a removal action at the Site to addresshigh levels of PCBs, lead, and other hazardous substances that were disposed of during Luria Brothers s operations. EPA and Connell entered into an administrativecost recovery settlement under CERCLA in 2006.03-2008-7013 CENTURY OIL ACQUISITION

CORP12/03/2009 Civil Judicial Action

THE COMPLAINT ALLEGED THAT CENTURY: (I) FAILE DTO PROVIDE CORROSION PROTECTION FOR CERTAIN USTS AT THE FACILITIES; (II) FAILED TOPROVIDE RELEASE DETECTION FOR CERTAIN USTS; AND (III) FAILED TO PROVIDE LINE LEAK DETECTORS AND CONDUCT ANNUAL LINE TIGHTNESSTESTING OR MONTHLY MONITORING FOR CERTAIN USTS. RESPONDENT WAS FOUND IN DEFAULT BY ALJ GUNNING, BUT REFUSES TO PAY ORCOMPLETE COMPLIANCE TASKS.





Summary03-2009-0076 FULLER INVESTMENTS, INC,

ET. AL.10/07/2009 CERCLA 122h Agrmt For Cost Recovery

ON OCTOBER 7, 2009, EPA ENTERED AN ADMINISTRATIVE COST RECOVERY SETTLEMENT PURSUANT TO SECTION 122(H) OF CERCLA, 42 U.S.C.SECTION 9622(H), WITH FULLER INVESTMENT, INC. AND THE TOWN OF COEBURN, VIRGINIA, IN CONNECTION WITH THE COEBURN PRODUCEREMOVAL SITE, IN COEBURN, WISE COUNTY, VIRGINIA (THE "SITE"). FULLER INVESTMENTS, INC IS A FORMER OPERATOR OF THE SITE AT THE TIMEOF DISPOSAL OF HAZARDOUS SUBSTANCES. THE TOWN OF COEBURN IS THE PRESENT OWNER OF THE SITE. UNDER THE AGREEMENT, FULLLERINVESTMENTS, INC WILL PAY $185,000.00 TO THE EPA HAZARDOUS SUBSTANCES SUPERFUND TO RESOLVE ITS POTENTIAL LIABILITY UNDERSECTION 107(A) OF THE CERCLA FOR RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE. IN ADDITION, EPA DETERMINED THATTHE TOWN OF COEBURN IS UNABLE TO PAY ANY OF EPA'S RESPONSE COSTS, AND EPA IS SETTLING ITS LIABILITY IN EXCHANGE FOR THEPLACEMENT OF INSTITUTIONAL CONTROLS IN THE RELEVANT LAND RECORDS. NOICE OF THE ADMINISTRATIVE COST RECOVERY SETTLEMENTWILL BE PUBLISHED IN THE FEDERAL REGISTER FOR A THIRTY-DAY PUBLIC COMMENT PERIOD.03-2009-0085 BUSH VALLEY LANDFILL

SUPERFUND SITE10/13/2009 CERCLA 106 AO For Resp Action/Imm Haz

THE HAZARDOUS SITE CLEANUP DIVISION (HSCD) HAS PREPARED A UNILATERAL ADMINISTRATIVE ORDER FOR THE BUSH VALLEY LANDFILLSUPERFUND SITE (SITE) REQUIRING THE RESPONDENT TO IMPLEMENT LAND-USE AND ACCESS RESTRICTIONS AT A PORTION OF THE SITE WHICH ISJOINTLY OWNED BY THE RESPONDENT AND HER RELATIVES (THE PROPERTY). IN 1998, EPA AND HARFORD COUNTY, AMONG OTHER ENTITIES,ENTERED INTO A CONSENT DECREE UNDER HARFORD COUNTY AND OTHERS AGREED TO FINANCE AND PERFORM EPAS SELECTED REMEDY FORTHE SITE, INCLUDING USING BEST EFFORTS TO IMPLEMENT LAND-USE AND ACCESS RESTRICTIONS AT THE PROPERTY. HARFORD COUNTYPREPARED AN EASEMENT CONTAINING LAND AND WATER USE RESTRICTIONS FOR THE PROPERTY CONSISTENT WITH EPA'S SELECTED REMEDY.TO DATE, RESPONDENT IS THE ONLY OWNER OF THE PROPERTY WHO HAS NOT SIGNED THE EASEMENT. SINCE NOVEMBER 2004, HARFORDCOUNTY AND EPA HAVE REPEATEDLY ASKED RESPONDENT TO SIGN THE EASEMENT. FINALLY, IN OCTOBER 2008, EPA REQUESTED THATRESPONDENT SIGN THE EASEMENT AND ADVISED RESPONDENT THAT IF EPA DID NOT HEAR FROM HER WITHIN THIRTY (30) DAYS, EPA WASPREPARED TO ISSUE A UNILATERAL ORDER REQUIRING HER TO PREPARE AND INDEPENDENTLY FILE LAND AND WATER USE RESTRICTIONS FORTHE PROPERTY. RESPONDENT FAILED TO RESPOND TO EPAS OCTOBER 2008 LETTER. HSCD IS NOW PREPARED TO ISSUE A UNILATERAL ORDERTO THE RESPONDENT.03-2009-0091 RMMI, INC/MJF CONTRACTING,

INC11/19/2009 CAA 113D1 Action For Penalty

ON FEBRUARY 23, 2009, REGION III INITIATED AN ADMINISTRATIVE PENALTY ACTION AGAINST RMMI, INC., AND MJS CONTRACTING, INC., (THE"RESPONDENTS"), FOR VIOLATIONS OF THE CLEAN AIR ACT ("CAA") AT A FORMER HOLIDAY INN HOTEL (THE "FACILITY"). THE COMPLAINTSPECIFICALLY ALLEGES THAT RESPONDENTS VIOLATED THE ASBESTOS NATIONAL EMISSION STANDARD OF HAZARDOUS AIR POLLUTANTS("ASBESTOS NESHAP") BY FAILING TO PROVIDE NOTIFICATION FO A DEMOLITION PROJECT INVOLVING REGULATED ASBESTOS CONTAININGMATERIAL ("RACM"); FAILURE TO ADEQUATELY WET RACM; FAILURE TO REMOVE RACM BEFOR DEMOLITION; AND FAILURE TO DEPOSIT ASBESTOSCONTAINING WASTE MATERIAL AS SOON AS PRACTICAL AT AN ASBESTOS WASTE DISPOSAL SITE. THE COMPLAINT CALLS FOR A PROPOSEDPENALTY AMOUNT OF $79,370.





Summary03-2009-0097 FRAME & LEANY RESOURCES

(SB)01/20/2010 CWA 311B6B2 AO For Class II Penalty

RESPONDENT'S HAD AN OIL SPILL OF 20 TO 30 BBLS; DID NOT HAVE AN SPCC PLAN; FAILED TO COMPLY WITH MANY TECHNICAL REQUEST OF THESPCC PROGRAM.03-2009-0156 BFS PETROLEUM PRODUCTS,

INC A DIVISION OF BRUCETONFARM SERVICE, INC. D/B/ABRUCETON PETROLEUM, INC.

03/24/2010 CWA 311B6B2 AO For Class II Penalty

On September 9, 2009, the Acting Director, Hazardous Sites Cleanup Division issued a Class II Administrative Complaint to BFS Petroleum Products, Inc., a divisionof Bruceton Farm Service, Inc., a/d/b/a Bruceton Petroleum Co., Inc., 1768 Mileground Road, Morgantown, WV 26505 ( Respondent ), for violations of the Oil PollutionPrevention Regulations, 40 C.F.R. Part 112, promulgated pursuant to Section 311(j) of the Clean Water Act ( CWA or Act ), 33 U.S.C. §1321(j) and authorized bySection 309(g) of the CWA, 33 U.S.C. §1319(g). This Administrative Complaint is being issued to Respondent pursuant to Section 311(b)(6)(B)(ii) of the CWA, 33U.S.C. §1319(b)(6)(B)(ii), along with a proposed Class II penalty of $103,309 for the violations, listed below. Respondent s facility, located at 201, 302 and 410 WestMyles Ave., Pennsboro, WV 26415 (the Facility ) is approximately 100 yards away from Bunnells Stream, a tributary to the the Hughes River which is a tributary to theLittle Kanawha River which is a tributary to the Ohio River, a navigable-in-fact water of the U.S. The Facility has a total oil storage capacity of 47,000 gallonsaboveground. On March 12, 2008, Respondent discharged approximately 300 gallons of gasoline of which approximately 150 gallons entered Bunnells Stream, whichdischarge caused a sheen or discoloration on the surface of the water in violation of 40 C.F.R. § 110.3(b). Respondent did not report the spill to the NationalResponse Center ( NRC ). EPA inspected the Facility on April 10, 2008, at which time Respondent provided EPA with an inadequate SPCC plan as required by 40C.F.R. § 112.3. Investigation at the time and at a follow up inspection on May 12, 2009 revealed the following violations: (1) failure to provide for appropriatecontainment and/or diversionary structures or equipment to prevent discharged oil from reaching a navigable water course in violation of 40 C.F.R. § 112.7(c); (2)failure to implement requirements pertaining to the Facility Tank Car and Truck Loading/Unloading Rack, which state that the Facility must ensure the containmentsystem at the loading rack holds the largest tank car or truck compartment in violation of 40 C.F.R. § 112.7(e)(4)(ii); (3) failure to provide a secondary means ofcontainment for bulk storage containers for the entire capacity of the largest single container and sufficient freeboard to contain precipitation, and failure to ensure thatdiked areas are sufficiently impervious to contain discharged oil in violation of 40 C.F.R. § 112.7(e)(2)(ii); (4) failure to provide adequate security by fencing the Facilityand provide lighting commensurate with the type and location of the Facility in violation of 40 C.F.R. § 112.7(e)(9)(i) and (v); (5) failure to maintain written proceduresand records of required tank and pipe inspections and tests in violation of 40 C.F.R. § 112.7(e)(8); (6) failure to restrain drainage from diked storage areas by valves toprevent a discharge in violation of 40 C.F.R. § 112.7(e)(1); (7) failure to maintain drainage records of diked areas in violation of 40 C.F.R. § 112.7(e)(2)(iii)(D); (8)failure to prepare an adequate Spill Prevention Control and Countermeasures Plan in violation of 40 C.F.R. § 112.3; and (9) failure to securely cap or blank flangeloading/unloading connection of oil pipelines at the loading rack when not in service in violation of 112.7(e)(9)(iv). 03-2009-0189 SCHOOL DISTRICT OF UPPER

DUBLIN, ET AL.03/02/2010 CAA 113D1 Action For Penalty





SummaryOn June 4, 2009, EPA Region III filed a Complaint and Notice of Opportunity for Hearing ("Complaint") against the School District of Upper Dublin (Upper Dublin), 1Source Safety and Health, Inc. (1 Source), and Sargent Enterprises, Inc. (Sargent) for an alleged violation of the National Emission Standard for Asbestos (asbestosNESHAP), promulgated at 40 C.F.R. Part 61, Subpart M, pursuant to Section 112 of the Clean Air Act. In connection with a renovation project at the Upper DublinHigh School during the summer of 2008. On May 11, 2010, EAB affired penalty.03-2009-0230 MUNICIPAL SANITARY

AUTHORITY OF THE CITY OFNEW KENSINGTON, ET. AL.


Two of the Respondents have six CSO discharges from their lines. The other four Respondents have satellite sewer systems that contribute stormwater and sanitarywastewater to the CSOs. The respondents have not submitted a Long Term Control Plan to address the CSO problem and have not implemented the Nine MinimumControls to mitigate any water problems caused by CSOs. The Respondents have agreed to address these problems.03-2009-0281 PRIZADEH, RAY 11/13/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramTHE FACILITY FAILED TO MONITOR 4 USTS FOR RELEASES EVERY 30 DAYS DURING THE MONTHS OF SEPTEMBER 2008, OCTOBER 2008 ANDNOVEMBER 2008.03-2009-0288 PENINSULA OIL CO, INC 04/21/2010 CWA 311B6B2 AO For Class II PenaltyOn April 21, 2010, EPA Region III filed a Consent Agreement and Final Order in settlement of an administrative enforcement action against Peninsula Oil Company,Inc. ( Respondent ). On September 30, 2009, Region III issued an Administrative Complaint against the Respondent for violations of the Oil Pollution Preventionregulations, 40 C.F.R. Part 112, promulgated pursuant to Section 311(j) of the CWA, at two facilities operated by the Respondent. The Respondent s Wilco Bulk Plantfacility located at 901 Nanticoke Avenue, Seaford, Delaware, has a total oil storage capacity of 1,629,750 gallons. The Respondent s Blades Bulk Plant facility locatedat 40 South Market Street, Seaford, Delaware, has a total oil storage capacity of 975,734 gallons. Both facilities border the Nanticoke River, which is a navigable infact water of the United States. EPA alleged a violation of Section 112.21 of the Oil Pollution Prevention regulations for Respondent s failure to implement a facility response training and a drills andexercises program at the Wilco Bulk Plant. In addition, EPA alleged a violation of Section 112.7(e)(2)(ii) for Respondent s failure to provide sufficiently impervioussecondary containment at the Wilco Bulk Plant. EPA also alleged violations of Sections 112.7(e)(3)(iii) and (iv) and 112.8(e)(8) due to Respondent s inadequate pipesupports at both the Wilco Bulk Plant and the Blades Bulk Plant. Finally, EPA alleged violations of 112.7(e)(8) for the Respondent s failure to retain records ofrequired facility inspections. The Administrative Complaint was issued pursuant to Section 311(b)(6)(B)(ii) of the Clean Water Act, and proposed a Class II penalty of$140,332.00. After Alternative Dispute Resolution, EPA and the Respondent agreed to a Class II penalty of $66,000.00 to resolve the administrative action. 03-2009-0292 HUDYMA, ANDREW & YVETTE 05/05/2010 CWA 309G2A AO For Class I PenaltiesRESPONDENTS DEPOSITES FILL IN 3.64 ACRES OF FOREST IN WATER WETLANDS.03-2009-0293 DILLON FLORA CORP(SB) 02/01/2010 CAA 113D1 Action For PenaltyEPA INVESTIGATION VIOLATIONS OF CLEAN AIR ACT AT THE DILLON FLORAL CORPORATION.





Summary03-2009-0320 NUSTAR TERMINALS

OPERATING PARTNERSHIP,L.P. SUPPORT TERMINALSERVICES, INC


EPA INVESTIGATING VIOLATIONS FOR CWA AND RCRA.03-2009-7012 LYONDELL CHEMICAL -

MILLENNIUM HOLDINGS, LLC,ET. AL., IN RE (NATIONALCASE)

04/23/2010 Bankruptcy

This requests DOJ to file a proof of claim in connection with a Chapter 11 bankruptcy for claims arising under Section107(a) of the Comprehensive EnvironmentalResponse, Compensation and Liability Act of 1980, as amended, ( CERCLA ), 42 U.S.C. § 9607(a), for responses costs incurred or to be incurred by the United Statesin connection with the Barefoot Disposal Site, located in Hollidaysburg, Blair County, Pennsylvania, and the 68th Street Site, located in Baltimore/Rosedale Area ofBaltimore County, Maryland. In addition, in connection with the Berks Landfill Site, the Region is requesting that DOJ file a proof of claim against Millennium HoldingsLLC in order to reserve EPAs right to enforce an existing Unilateral Administrative Order against Millennium Holdings, and others, for the performance of remedialaction and a Consent Decree, which includes an obligation to pay EPA s future costs, to which Millennium Holdings is a signatory. Proof of claim filed on 07/06/09 for response cost claims relating to Berks Landfill Superfund Site and 68th Street Dump Superfund Site. No proof of claim filed forBarefoot Minerals.03-2010-0001 COMBINED SYSTEMS, INC 11/24/2009 RCRA 3008A AO For Comp And/Or PenaltyHW STORAGE WITHOUT A RCRA PERMIT. FAILURE TO KEEP CONTAINERS OF HW CLOSED. FAILURE TO TRAIN EMPLOYEES HAVING HWMANAGEMENT RESPONSIBILITIES. FAILURE TO KEEP RECORDS OF WEEKLY INSPECTIONS OF STORAGE AREAS. FAILURE TO MAKE A WASTEDETERMINATION. FAILURE TO PROPERLY MANIFEST HW. OFFERING HW TO A FACILITY THAT DID NOT HAVE A PERMIT. OFFERING UNIVERSALWASTE TO A FACILITY THAT WAS NOT A PROPER HANDLER OF SUCH WASTE. FAILURE TO KEEP COPIES OF LDR NOTIFICATION. VIOLATION OF LDRSTORAGE REQUIREMENTS.03-2010-0003 SACA DEVELOPMENT

CORPORATION01/08/2010 TSCA 207 AO For Asbestos/Schools (LEA)

SCAFO ISSUED/FILED.03-2010-0004 SHENANDOAH COUNTY

SCHOOL DISTRICT12/03/2009 TSCA 207 AO For Asbestos/Schools (LEA)

FAILED TO NOTIFY PARENTS AND TEACHER AND EMPLOYEES. FAILED TO ASSESS TSI AT SANDY HOOK ELEMENTARY SCHOOL.03-2010-0005 GLOBAL LEADERSHIP

ACADEMY CHARTER SCHOOL(SB)

01/27/2010 TSCA 207 AO For Asbestos/Schools (LEA)





SummaryLEA FAILED TO INSPECT MANAGEMENT PLAN, INSPECT AND NOTIFY PARENTS, TEACHERS AND EMPLOYEES.03-2010-0006 LAND-O-SUN DAIRIES, LLC D/B/

A PET DAIRY12/09/2009 CAA 113D1 Action For Penalty

ON DECEMBER 9, 2009, EPA COMMENCED AND SETTLED AN ACTION UNDER SECTION 113 OF THE CLEAN AIR ACT WITH THE SIGNING OF A SUPERCONSENT AGREEMENT AND ACCOMPANYING FINAL (SUPERCAFO) WITH LAND-O-SUN DAIRIES, LLC D/B/A PET DAIRY ("LAND-O-SUN"), A DELAWARELIMITED LIABILITY COMPANY WITH MILK PROCESSING FACILITY LOCATED AT 1505 ROBIN HOOD ROAD IN RICHMOND, VIRGINIA. THE FACILITY USESAMMONIA IN ITS REFRIGERATION SYSTEM. LAND-O-SUN VIOLATED OF SECTION 112(r)(7) OF THE CAA, 42 U.S.C. SECTION 7412(r)(7), BY FAILING TOSUBMIT A RISK MANAGEMENT PLAN, AS REQUIRED FOR ITS USE OF AMMONIA IN AN AMOUNT IN EXCES OF 10,000 POUNDS. IN SETTLEMENT OF THISMATTER, LAND-O-SUN HAS AGREED TO PAY EPA A PENALTY OF $11,174.32. ALL ISSUES ADDRESSED IN THE SUPERCAFO HAVE BEEN RESOLVED.03-2010-0007 WEIDMAN, JOHN AND SONS,

INC12/03/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

EPA IDENTIFIED THREE VIOLATIONS INCLUDING DEFICIENCIES PERTAINING TO THE SPCC PLAN REVIEWS, PIPE SUPORT & LOADING/UNLOADINGRACK'S CONTAINMENT CAPACITY.03-2010-0008 LEBANON SEABOARD

CORPORATION11/19/2009 FIFRA 14A Action For Penalty

RESPONDENT SOLD A SHIPMENT OF PESTICIDES IN WHICH THE LABEL COVERED THE EPA ESTABLISHMENT. NUMBER AND PESTICIDEREGISTRATION NUMBER AND HENCE WER MISBRANDED.03-2010-0011 METAL IMPROVEMENT

COMPANY LLC12/30/2009 RCRA 3008A AO For Comp And/Or Penalty

RESPONDENT ANODIZES AIRPLANE PARTS AT IS BENSALEM, PA FACILITY WHICH RESULTS IN THE LARGE QUANTITY GENERATION OF HAZARDOUSWASTE. Respondent stored hazardous waste for longer than 90 days on numerous occasions and failed to quality for the RCRA exemption from permitting.Respondent failed to make hazardous waste and land-disposal-restricted hazardous waste determinations, failed to close drums of hazardous waste, failed to provideannual waste management refresher training, failed to properly manage universal waste lamps and failed to properly identify hazardous waste on manifests. Apenalty was assessed for the violations noted above of $180,670.00. 03-2010-0012 GURVIN INVESTMENTS LLC


FACILITY FAILED TO MAINTAIN RECORDS OF TANK RELEASE DETECTION FOR ONE OF THEIR USTS.03-2010-0013 WEST NOTTINGHAM 03/09/2010 TSCA 207 AO For Asbestos/Schools (LEA)LEA FAILED TO CONDUCT A AHERA INSPECTION OF THE FACILITY.03-2010-0018 O-N MINERALS (CHEMSTONE)

CO11/06/2009 CAA 113D1 Action For Penalty

REGION III EPA PURSUISING AIR VIOLATIONS OCCURRED AT FACILITY.





Summary03-2010-0019 O-N MINERAL (CHEMSTONE)

CO11/02/2009 CAA 113A Admin Compliance Order (Non-Penalty)

IN 2000 AND 2003, O-N MODIFIED ITS ROTARY KILN WITHOUT FILING ANY PERMIT APPLICATIONS WITH VA-DEQ. A 2007 STACK TEST SHOWED THATSO2 EMISSIONS INCREASED DRAMATICALLY FOLLOWING THE MODIFICATIONS, RESULTING IN GREATER THAN 40 TPY INCREASE IN SO2, WHICHTRIGGERS PSD, AND AN INCREASE IN MAXIMUM HOURLY EMISSION RATE OF SO2, WHICH TRIGGERED THE NSPS FOR LIME KILNS (40 CFR PART 60,SUBPART HH). FOLLOWING SALE OF FACILITY, NEW OWNER CHARGED OPERATING PARAMETER FOR ROTARY KILN AND RE-STACK TESTED IN 2008,WHICH SHOWED SO2 EMISSIONS AT PRE-2000 (PRE-MODIFICATIION) LEVELS. O-N HAS SIGNED ADMIN. COMPLIANCE ORDER REQUIRING IT INSTALLSO2 CEMS AND MEET SO2 EMISSION RATE IN BART PERMIT TO BE ISSUED BY VADEQ.03-2010-0020 HONEYWELL RESINS &

CHEMICALS LLC03/23/2010 TSCA 16 Action For Penalty

On March 23, 2010, Honeywell Resins and Chemicals LLC (Honeywell), entered into a Consent Agreement/Final Order (CAFO), TSCA 03-2010-0020, with EPARegion III to resolve alleged violations of TSCA s Polychorinated Biphenyl (PCB) regulations. The alleged violations concern certain PCB transformers which werelocated at the Chester, Virginia facility. The violations include the failure to prevent transformer leaks, failure to conduct daily inspections, failure to maintain records ofvisual inspections and failure to maintain annual documents. Prior to entering into the CAFO, Honeywell voluntarily removed and properly disposed of 20,325 poundsof PCB from the environment. Honeywell is currently in compliance with the terms of the CAFO and will pay a penalty of $45,000.00 in settlement of the matter.03-2010-0021 CLAY COUNTY SCHOOLS 12/03/2009 TSCA 207 AO For Asbestos/Schools (LEA)CLAY COUNTY FAILED TO REINSPECT LIZEMORE ELEMENTARY SCHOOL.03-2010-0022 MARATHON PETROLEUM

COMPANY, LLC07/16/2010 CERCLA 122h Agrmt For Cost Recovery

On July 16, 2010 EPA finalized an Administrative Cost Recovery Settlement pursuant to Section 122(h) of CERCLA, 42 U.S.C. § 9622(h),with Marathon PetroleumCompany, LLC, ( Marathon ) in connection with the West Huntington Spill Site, in West Huntington, West Virginia (the Site ). Marathon was the operator of a railcarfrom which hazardous substances were released. Under the Agreement, Marathon will pay to the EPA Hazardous Substances Superfund to resolve its liabilityunder Section 107(a) of CERCLA for past response costs incurred by EPA in connection with the Site. Notice of the Administrative Cost Recovery Settlement waspublished in the Federal Register for a thirty-day public comment period.03-2010-0023 DAG PETROLEUM SUPPLIERS,

LLC, ET. AL.12/03/2009 RCRA 9006 AO For Comp And/Or Pen (UST)

FAILURE TO CONDUCT CONSISTENT TANK RELEASE DETECTION; FAILURE TO PROVIDE OPERABLE OVERFILL PREVENTION EQUIPMENT; FAILURE TOPROVIDE FINANCIAL ASSURANCE.03-2010-0024 METZMAN, LEE 12/17/2009 FIFRA 14A Action For PenaltyFAILURE TO SUBMIT REQUIRED FIFRA SECTION 7 ANNUAL REPORT FORM BY 1 MARCH 2008.03-2010-0025 GLOBAL UNITED, INC 11/24/2009 FIFRA 14A Action For PenaltyVIOLATION OF PESTICIDE REGISTRATION BRANDING REQUIREMENTS.





Summary03-2010-0026 U S POSTAL SERVICE 11/19/2009 CWA 309G2A AO For Class I PenaltiesTHIS SUPERCAFO RESOLVES ALLEGATIONS AGAINST THE U.S. POST OFFICE REGARDING LEAK DETECTION FOR ITS UNDERGROUND STORAGETANKS, THE FACILITY'S SPCC PLAN, AND THE FACILITY'S RECORDKEEPING PERTAINING TO IS STORMWATER PERMIT.03-2010-0027 PENNSYLVANIA DEPARTMENT

OF CORRECTIONS04/07/2010 CWA 309G2A AO For Class I Penalties

THIS SUPERCAFO RESOLVES ALLEGATIONS AGAINST THE STATE CORRECTIONAL INSTITUTION AT DALLAS REGARDING COMPLIANCE WITH: LEAKDETECTION REQUIRED REQUIREMENTS FOR ITS UNDERGROUND STORAGE TANKS, THE RCRA UNIVERSAL WASTE REGULATIONS, THE FACILITY'SSPCC PLAN, THE FACILITY'S NPDES PERMIT, AND THE FACILITY'S CAA PERMIT.03-2010-0028 CLARKSBURG SANITARY

BOARD12/30/2009 CAA 113D1 Action For Penalty

On December 30, 2009, EPA commenced and settled an action under Section 113 of the Clean Air Act with the signing of a Super Consent Agreement andaccompanying Final Order (SuperCAFO) with Clarksburg Sanitary Board ("Clarksburg"), a municipal authority with a wastewater treatment plant located at West ForkStreet in Clarksburg, West Virginia. The facility uses chlorine in its wastewater treatment system. Clarksburg violated Section 112(r)(7) of the CAA, 42 U.S.C.section 7412(r)(7), by failing to implement and submit a Risk Management Plan, as required for its use of chlorine in an amount in excess of 2,500 pounds. Insettlement of this matter, Clarksburg has agreed to pay EPA a penalty of $5,000.00. All issues addressed in the SuperCAFO have been resolved.03-2010-0029 ALLEGHENY EAST

CONFERENCE CORP OFSEVENTH ADVENTIS INC

01/21/2010 TSCA 207 AO For Asbestos/Schools (LEA)

FAILURE TO DEVELOP AND SUBMIT AHERA MANAGEMENT PLAN; FAILURE TO CONDUCT INSPECTIONS; FAILURE TO COMPLY WITH ANNUALNOTIFICATION REQUIREMENTS.03-2010-0035 DENTSPLY INTERNATIONAL,


FAILURE TO USE QUALITY AVAILABLE DATA AND/OR RELEASABLE ESTIMATE OF QUALITY OF METHANOL RELEASED IN 2006 AS BASIS FORREPORTING ON FORM R.03-2010-0036 COLONIAL PROPERTY

MANAGEMENT CO, LLC12/29/2009 TSCA 16 Action For Penalty

FAILURE TO COMPLY WITH THE DISCLOSURE RULE.03-2010-0037 FREDERICK HERTRICH AND

GREG BEE11/16/2009 CWA 309A AO For Compliance

IN AN ATTEMPT TO CREATE FAST-LAND FOR HORSE PASTURE TO BREED QUARTER HORSES FREDERICK HEERTRICH HIRED GREG BEELANDSCAPING TO CLEAR AND GRADE 65 ACRES OF FORESTED WETLAND WITHOUT SEEKING ANY WETLANDS FILLING AUTHORIZATION FROMFEDERAL OR STATE PERMITTING AGENCIES.





Summary03-2010-0038 MARTIN, JOEL 12/23/2009 TSCA 207 AO For Asbestos/Schools (LEA)TSCA VIOLATION.03-2010-0039 LONE MAPLE AGRICULTURAL

SERVICES, INC03/17/2010 FIFRA 14A Action For Penalty

FAILURE TO SUBMIT REQUIRED FIFRA SECTION 7 ANNUAL REPORT FORM B 1 MARCH OF 2009.03-2010-0040 SASOL NORTH AMERICA 12/21/2009 CERCLA 109 Action For PenaltyEPA Region III and Sasol North America, Inc ("Sasol") have executed a Consent Agreement settling an administrative enforcement action for violations of Section 103of CERCLA, and Section 304 of EPCRA. Sasol failed to notify the National Response Center, the State Emergency Response Commission ("SERC") and the LocalEmergency Planning Committee (LEPC) immediately following a non-permitted release of benzene on June 12, 2006, at its facility located at 3441 Fairfield Road,Baltimore, Maryland. Sasol has agreed to pay a combined penalty of $77,376.00 for the violations. The Final order was filed on December 21, 2009. 03-2010-0041 CABOT CORP 12/21/2009 CERCLA 109 Action For PenaltyEPA Region III and Cabot Corporation ("Cabot") have executed a Consent Agreement settling an administrative enforcement action for violations of Section 103 ofCERCLA. Cabot failed to notify the National Response Center immediately following a non-permitted release of a hazardous substance on January 12, 2007, at itsfacility at One Cabot Drive, Waverly, West Virginia. Cabot has agreed to pay a penalty of $5,900.00 for the violation. The Final Order was filed on December 21,2009.03-2010-0046 PENMAR SOLUTIONS, INC 03/29/2010 FIFRA 14A Action For PenaltyOn March 29, 2010, Region 3 issued a Consent Agreement and Final Order (SCAFO) to Penmar Solutions, Inc., located in Waynesboro, Pa., to resolve a case fornoncompliance with Section 7(c) of FIFRA. The regulation requires any company with an EPA registered establishment number to submit a pesticide productionannual report on or before March 1 of each year. Specifically, Penmar did not submit the 2008 annual Pesticide Report Form for Pesticide-Producing Establishmentson or before the March 1, 2009, deadline.03-2010-0047 U S DEPT OF THE AIR FORCE 11/25/2009 CERCLA 120E Federal Facility Agreement (FFA)FEDERAL FACILITY AGREEMENT PURSUANT TO CERCLA SECTION 120(E)03-2010-0050 SOUTH PLYMATUNING

TOWNSHIP12/11/2009 SDWA 1414G2 AO For Compliance (PWS)

THE WATER SYSTEM REPRESENTED THE POPULATION SERVED AS LESS THAN 500 PEOPLE. HOWEVER, WE RECEIVED NEW INFORMATIONSHOWING THE POPULATION = 1,000 PEOPLE. THEREFORE, THE WATER SYSTEM SHOULD HAVE DEVELOPED A STANDARD MONITORING PLAN.03-2010-0051 FRAME AND LEANY

RESOURCES01/20/2010 CWA 311E1B AO For Imminent Hazard





SummaryON NOVEMBER 7, 2008, FRAME AND LEANY DISCHARGED APPROXIMATELY 20 BARREL OF CRUDE OIL FROM AN UNDERGROUND FLOW LINE. THEDISCHARGE ENTERED LEATHERWOOD CREEK, A TRIBUTARY TO THE POCATALICO RIVER, WHICH IS A TRIBUTARY OF THE KANAWHA RIVER, ANAVIGABLE WAERWAY. ON MAY 1, 2008, EPA OIL INSPECTORS CONDUCTED A FULL SPCC INSPECTION. WV DEP OIL AND GAS INSPECTORS ACCOMPANIED EPA ON THEINSPECTION. SEVERAL VIOLATIONS WERE IDENTIFIED. THE VIOLATIONS NOTED INCLUDE, BUT ARE NOT LIMITED TO: FAILURE TO PREPARE,CERTIFY AND IMPLEMENT AN SPCC PLAN; FAILURE TO IMPLEMENT REQUIREMENTS PERTAINING TO INSPECTIONS, TESTS, AND RECORDS; FAILURETO IMPLEMENT REQUIREMENTS PERTAINING TO PERSONNEL TRAINING AND DISCHARGE PREVENTION PROCEDURES, AND FAILURE TO PROVIDECOMPLETE DISCUSSIONS AND ADEQUATE ADDRESS REQUIREMENTS PERTAINING TO OIL PRODUCTION FACILITIES. A CLASS II ADMINISTRATIVE COMPLAINT WAS ISSUED ON JUNE 2009. THE COMPLAINT CITED FRAME & LEAVY OF THE FOLLOWING VIOLATIONS: 1)DISCHARGE OF OIL INTO NAVIGABLE WATER OF THE US IN VIOLATION OF 311(b)(3) OF THE CWA; 2) FAILURE TO PREPARE, CERTIFY AND IMPLEMENTAN SPCC PLAN IN VIOLATION OF 40 C.F.R. SECTION 112.3; 3) FAILURE TO IMPLEMENT REQUIREMENTS PERTAINING TO INSPECTIONS AND RECORDSIN VIOLATION OF 40 C.F.R. SECTION 112.7(e)(8); 4) FAILURE TO IMPLEMENT REQUIREMENTS PERTAINING TO PERSONNEL, TRAINING AND SPILLPROCEDURES IN VIOLATION FO 40 C.F.R. SECTION 112.7(e)(10); 5) FAILURE TO IMPLEMENT REQUIREMENTS PERTAINING TO OIL PRODUCTIONFACILITIES IN VIOLATION OF 40 C.F.R. SECTION 112.7(e)(5)(ii)(B); AND 6) FAILURE TO IMPLEMENT A FLOW LINE MAINTENANCE PROGRAM AND FAILURETO ADDRESS SALT WATER DISPOSAL IN VIOLATION OF 40 C.F.R. SECTION 112.7(e)(5)(iv)(B) and (C).03-2010-0052 CORCO CHEMICAL


ON DECEMBER 30, 2009, EPA COMMENCED AND SETTLED AN ACTION UNDER SECTION 325 OF EMERGENCY PLANNING AND COMMUNICTY RIGHT-TO-KNOW ACT WITH THE SIGNING OF A SUPER CONSENT AGREEMENT AND ACCOMPANYING FINAL ORDER ("SUPERCAFO") WITH CORCO CHEMICALCORPORATION ("CORCO"), A PENNSYLVANIA CORPORATION WITH A CHEMICAL MANUFACTURING AND DISTRIBUTION FACILITY LOCATED ON TYBURNROAD AND CEDAR LANE IN FAIRLESS HILLS, PENNSYLVANIA. CORCO VIOLATED EPCRA'S EMERGENCY PREPAREDNESS AND COMMUNITY RIGHT-TO-KNOW PROVISIONS BY FAILING TO SUBMIT MATERIAL SAFETY DATA SHEETS TO THE STATE EMERGENCY RESPONSE COMMISSION ("SERC") ANDLOCAL EMERGENCY PLANNING COMMITTEE ("LEPC") IN CONNECTION WITH THE FACILITY'S POSSESSION OF THIRTEEN HAZARDOUS CHEMICALS,THREE OF WHICH ARE EXTREMELY HAZARDOUS SUBSTANCES, PRESENT AT THE FACILITY IN QUANTITIES EXCEEDING THEIR RESPECTIVEREPORTING THRESHOLDS, IN VIOLATION OF SECTION 311 OF EPCRA. IN ADDITION, CORCO FAILED TO SUBMIT COMPLETE AND ACCURATEEMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS CONTAINING TIER I OR TIER II INFORMATION FOR CALENDAR YEARS 2005-2007 TOTHE SERC AND THE LEPC, IN VIOLATION OF SECTION 312 OF EPCRA. IN SETTLEMENT OF THIS MATTER, CORCO HAS AGREED TO PAY EPA APENALTY OF $25,006.00. 03-2010-0053 SARDO & SONS

WAREHOUSING, INC03/09/2010 FIFRA 14A Action For Penalty

PRODUCER FAILED TO SUBMIT ON ANNUAL PRODUCTION REPORT.





Summary03-2010-0061 TIM'S RIVERSHORE

RESTAURANT12/31/2009 SDWA 1414G2 AO For Compliance (PWS)

FAILURE TO MONITOR FOR ARSENIC UNDER THE ARSENIC RULE - IN ORDER TO DETERMINE COMPLIANCE WITH THE NEW ARSENIC MCL; FAILURE TOMONITOR FOR INORGANIC AND ORGANIC CHEMICALS, DISINFECTION BY-PRODUCTS OF TRIHALOMETHANES AND HALOACETIC ACIDS. FAILURE TOREPORT REQUIRED OPERATIONAL DATA TO THE VDH, COLLECT RAW SAMPLES FOR COLIFORM AND E.COLI ANALYSIS, FAILURE TO ACQUIRE APERMIT TO INSTALL OPTIMUM CORROSION TREATMENT, FAILURE TO INSTALL OPTIMUM CORROSION TREATMENT AND CONDUCT LEAD AND COPPERMONITORING POST CORROSION TREATMENT INSTALLATION.03-2010-0062 DEPARTMENT OF THE ARMY 12/18/2009 Federal Facility AgreementsTHE REGIONAL JUDICIAL OFFICER SIGNED A FINAL ORDER ON OCTOBER 29, 2009 RATIFYING A CONSENT AGREEMENT NEGOTIATED IN SETTLEMENTOF AN ENFORCEMENT MATTER COMPLAINT AGAINST THE RESPONDENT, THE UNITED STATES ARMY ("RESPONDENT"). THE CONSENT AGREEMENTINVOLVES ALLEGED VIOLATIONS OF THE TOXIC SUBSTANCES CONTROL ACT ("TSCA"), 15 U.S.C. SECTION 2605(C), AND THE REGULATIONSIMPLEMENTING TSCA SECTION 6(E), 15 U.S.C. SECTION 2605(E), AS SET FORTH AT 40 C.F.R. PART 761. RESPONDENT HAS AGREED TO PROPERLYREMOVE AND DISPOSE OF RESPONDENT'S REMAINING PCB TRANSFORMER HOUSED AT ITS FACILITY. RESPONDENT'S FACILITY, WERE THE VIOLATIONS OCCURRED, WAS FORMALLY KNOWN AS FORT MEYER. IT IS NOW NAMED THE JOINT BASE MYER-HENDERSON HALL (THE "FACILITY"). THE FACILITY IS LOCATED NEXT TO ARLINGTON NATIONAL CEMETERY IN ARLINGTON, VIRGINIA. THE MILITARYUNIT THAT PERFORMS CEREMONIAL DUTIES AT THE CEMETERY IS HOUSED AT THIS FACILITY, ALONG WITH THE SUPPORTING HORSES ANDCAISSONS. THE FACILITY IS ALSO THE HOME OF THE U.S. ARMY BAND AND MANY HIGH RANKING MILITARY OFFICERS. RESPONDENT HAS THREEPCB TRANSFORMERS IN USE AT THE TIME OF EPA'S INSPECTION WHICH SUPPLIED THE BASIS FOR THE VIOLATIONS. RESPONDENT FAILED TO MAINTAIN RECORDS OF QUARTER INSPECTIONS OR A MAINTENANCE HISTORY FOR THE FACILITY'S PCB TRANSFORMERS.NONE OF THE THREE PCB TRANSFORMERS WERE MARKED WITH A PCB LABEL. THERE WAS IMPROPER STORAGE OF COMBUSTIBLE MATERIALSWITHIN 5 METERS OF AN ENCLOSED PCB TRANSFORMER. IN ADDITION, RESPONDENT DID NOT HAVE ANNUAL RECORDS OR AN ANNUALDOCUMENT LOG ON FILE AT THE FACILITY.03-2010-0064 OHIO COUNTY SCHOOL

DISTRICT01/21/2010 TSCA 207 AO For Asbestos/Schools (LEA)

SCHOOL DISTRICT FAILED TO CONDUCT 3 YEAR REINSPECTIONS.03-2010-0065 ADELL CORPORATION 02/23/2010 EPCRA 325 Action For PenaltyFAILURE TO FILE TRI REPORTS FOR TRIFLURATIN PROCESS IN 2005 2006, 2007.03-2010-0067 NANOCHEMONICS HOLDINGS,






SummaryON MARCH 31, 2010, EPA REGION III ENTERED INTO A CONSENT AGREEMENT AND FINAL ORDER (CAF/FO) WITH NANOCHEMONICS HOLDINGS, LLC("NANOCHMONICS"), SEEKING A TOTAL PENALTY OF $2,014 FOR VIOLATION OF SECTION 313 OF EPCRA. NANOCHEMONICS DID NOT QUALIFY FORFULL PEANLTY MITIGATION UNDER THE AUDIT POLICY BECAUSE IT DID NOT MEET CONDITION 1, SYSTEMATIC DISCOVERY IT DID, HOWEVER, MEETTHE REMAINING 8 AUDIT POLICY CRITERIA AND THEREFORE IT DID QUALITY FOR A 75% REDUCTION THE GRAVITY BASED PENALTY. THE ORIGINALBASE PENALTY, $8,056, WAS THERFORE REDUCED TO $2,014. THE CA/FO RESOLVES CLAIMS ARISING FROM NANOCHEMONICS' FAILURE TO SUBMITTOXIC RELEASE INVENTORRY FORMS R TO EPA AND THE COMMONWEALTH AND THE COMMONWEALTH OF VIRGINIA, REPORTING COBALT AND ZINCCOMPOUNT RELEASES FROM ITS FACILITY DURING CALENDAR YEAR 2007, IN VIOLATION OF SECTION 313 OF EPCRA.03-2010-0068 BTR CAPITOL GROUP, INC 02/16/2010 TSCA 207 AO For Asbestos/Schools (LEA)FAILURE TO INSPECT.03-2010-0069 AMERICAN WOODMARK

CORPORATION02/04/2010 RCRA 3008A AO For Comp And/Or Penalty

RESPONDENT FAILED TO COMPLY WITH REQUIREMENTS AND PROVISIONS OF RCRA SUBTITLE C, 42 U.S.C. SECTION 6921-6939e. VIOLATIONSINCLUDED: OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS AND FAILURE TO COMPLY WITH:MANIFEST RECORDKEEPING REQUIREMENTS FOR GENERATORS; NEW TANK SYSTEM ASSESSMENT REQUIREMENTS; AIR EMISSION STANDARDS(FOR EQUIPMENT LEAKS) MARKING REQUIREMENTS; AIR EMISSION STANDARDS (FOR EQUIPMENT LEAKS) MONITORING REQUIREMENTS FORPUMPS IN LIGHT LIQUID SERVICE, AIR EMISSION STANDARDS (FOR EQUIPMENT LEAKS) MONITORING REQUIREMENTS FOR PRESSURE RELIEFDEVICES IN GAS/VAPOR SERVICE; AIR EMISSION STANDARDS (FOR EQUIPMENT LEAKS) MONITORING REQUIREMENTS FOR VALVES IN LIQUIDSERVICE; AIR EMISSION STANDARS (FOR EQUIPMENT LEAKS) RECORDKEEPING REQUIREMENTS; AIR EMISSION STANDARD RECORDKEEPINGREQUIREMENTS FOR TANKS; UNIVERSAL WASTE LAMP MANAGEMENT REQUIREMENTS; UNIVERSAL WASTE LAMP LABELING/MARKINGREQUIREMENTS; AND UNIVERSAL WASTE LAMP ACCUMULATION REQUIREMENTS.03-2010-0070 E.I. DUPONT DE NEMOURS

AND CO03/29/2010 FIFRA 14A Action For Penalty

FAILURE TO SUBMIT REQUIRED FIFRA SECTION 7 ANNUAL REPORT FORM BY 1 MARCH OF 2008.03-2010-0071 GOVERNMENT OF DISTRICT

OF COLUMBIA06/30/2010 RCRA 9006 AO For Comp And/Or Pen (UST)

FAILURE TO PERFORM, INTER ALIA, RELEASE DETECTION OF USTS.03-2010-0072 SEBASTIAN RUCCI 02/09/2010 CWA 309A AO For ComplianceCASE WAS REFERRED TO EPA FROM THE ARMY CORPS OF ENGINEERS - PITTSBURGH DISTRICT. VIOLATOR CULVERTED APPROXIMATELY 515 LPOF UNT TO KAUFMAN RUN AND FILLED 0.12 ACRES OF ABUTTING WETLANDS IN CRANBERRY TOWNHSIP, BUTLER COUNTY, PA FOR RESIDENTIALSUBDIVISION DEVELOPMENT WITHOUT AUTHORIZATION.03-2010-0074 STILLWATER ENVIRONMENTAL

SERVICES, INC04/27/2010 CAA 113D1 Action For Penalty





SummaryFAILURE TO PROVIDE NOTICE OF INTENT TO DEMOLISH PURSUANT TO 40 CFR 61.145(b). THIS CONSTITUES A VIOLATION OF SECTION 112 OF THECLEAN AIR ACT.03-2010-0074 STILLWATER ENVIRONMENTAL

SERVICES, INC06/30/2010 CAA 113D1 Action For Penalty

FAILURE TO PROVIDE NOTICE OF INTENT TO DEMOLISH PURSUANT TO 40 CFR 61.145(b). THIS CONSTITUES A VIOLATION OF SECTION 112 OF THECLEAN AIR ACT.03-2010-0076 PENNSYLVANIA GENERAL

ENERGY COMPANY, LLC01/20/2010 CWA 309A AO For Compliance

LANDOWNER IMPACTED .1 ACRES OF WETLANDS DURING THE CONSTRUCTION OF AN ACCESS ROAD TO NATURAL GAS EXTRACTION WELLS.ADMINISTRATIVE ORDER REQUIRES THE RESTORATION OF THE WETLANDS ON SITE. THIS CASE WAS REFERRED TO EPA FROM THE U.S. ARMYCORPS OF ENGINEERS.03-2010-0077 NOVOZYMES BIOLOGICALS,


On December 22, 2009, the Regional Judicial Officer for Region III signed a Consent Agreement and Final Order ("SuperCAFO"), which resolved alleged violations ofSections 311 and 312 of the Emergency Planning and Community Right-to-Know Act ("EPCRA"), 42 U.S.C. Section 11021, 11022, at the Novozymes Biologicals, Inc.("Novozymes") facility, formerly located at 525 Branch Drive in Salem, Virginia. The violations were asserted as a result of Novozymes' failure to submit materialsafety data sheets ("MSDSs") and chemical inventory forms for chemicals stored at the Novozymes facility. To settle this matter, Novozymes has agreed to pay apenalty of $26,797.00. The Final Order was filed on December 22, 2009. 03-2010-0078 SCHUYLKILL ENERGY

RESOURCES, INC03/22/2010 CERCLA 109 Action For Penalty

RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRE AS SOON AS RESPONDENT KNEW OR SHOULD HAVE KNOWN OF A RELEASE OFHYPOCHLORITE IN EXCESS OF ITS REPORTABLE QUANTITY.03-2010-0079 NEW TILAPIA COMPANY, INC 03/22/2010 CERCLA 109 Action For PenaltyRESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT KNEW OR SHOULD HAVE KNOWN OF A RELEASE OF SODIUMHYPOCHLORIDTE IN EXCESS OF ITS REPORTABLE QUANTITY.03-2010-0080 TRIUMVIRATE

ENVIRONMENTAL03/25/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

EPA IDENTIFIED ELEVEN VIOLATIONS INCLUDING DEFICIENCIES PERTAINING TO THE SPCC PLAN, RECORDS OF FACILITY INSPECTIONS, BULKSTORAGE TANKS, TRANSFER OPERATIONS AND SECURITY.03-2010-0082 VALLEY BAPTIST CHURCH 02/22/2010 TSCA 207 AO For Asbestos/Schools (LEA)FAILED TO CONDUCT RE-INSPECTION.03-2010-0084 CITY OF FAIRFAX 04/06/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryPWS FAILED TO SUBMIT A COMPLETE AND APPROVAL INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT THAT INCLUDES TTHM AND HAASRESULTS FOR STAGE 1 AND STAGE LOCATIONS SAMPLED.03-2010-0085 BEAR METALLURGICAL

COMPANY12/30/2009 EPCRA 325 Action For Penalty

On December 30. 2009 EPA entered into a SuperCAFO with Bear Metallurgical Company (ABear@), resolving EPCRA 313 TRI reporting violations. Bear, located at679 East Butler Road, Butler, Pennsylvania is an electro metallurgical product manufacturing Facility. The parties agreed to settle the violations for a $20,077 penalty.Pursuant to the AFinal Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations,@ 65 Fed. Reg. 19618 (April11, 2000) (AAudit Policy@), Bear disclosed that it failed to file TRI Form Rs for Lead Compounds and Aluminum for the years 2005 through 2007, and for ManganeseCompounds for the year 2007. Since the violations were not discovered through an audit or compliance management system, Bear did not satisfy criterion one of theAudit Policy and did not qualify for full penalty mitigation. However, Bear met the remaining eight criteria, and they agreed to settle with EPA for $20,077, whichreflects the Audit Policy=s 75% penalty reduction from the original assessed amount, $80,308.03-2010-0086 UPPER ALLEGHENY JOINT

SEWER AUTHORITY, ET. AL.01/13/2010 CWA 309A AO For Compliance

UPPER ALLEGHENY IS IN VIOLATION OF ITS NPDES PERMIT REQUIREMENT TO CONTINUE IMPLEMENTATIONOF THE NMCS AND TO DEVELOP ANDIMPLEMENT AN LTCP. UPPER ALLEGHENY CLAIMED INABILITY TO DEVELOP THE LTCP DUE TO LACK OF COOPERATION FROM UNPERMITTEDSATELLITE SYSTEMS. EPA HAS ORDERED ALL RESPONDENTS TO WORK TOGETHER SO THE LTCP CAN BE DEVELOPED.03-2010-0089 GREATER RICHMOND TRANSIT

COMPANY03/30/2010 RCRA 9006 AO For Comp And/Or Pen (UST)





SummaryRESPONDENT DID NOT MONITOR TANKS 3, 4 AND 7 FOR RELEASES AT LEAST EVERY 30 DAYS FROM SEPTEMBER 1, 2004 THROUGH JUNE 30, 2009.RESPONDENT VIOLATED 9 VAC 25-580-140(1) BY FAILING TO PROVIDE RELEASE DETECTION FOR TANKS 3, 4 AND 7. 2. RESPONDENT UTILIZED A LINE LEAK DETECTOR TO DETECT LEAKS ON THE PRESSURIZED PIPING THAT ROUTINELY CONTAINS REGULATEDSUBSTANCES ASSOCIATED WITH TANKS 5 AND 6 THAT WAS NOT CAPABLE OF DETECTING A LEAK OF THREE GALLONS PER HOUR AT TEN POUNDSPER SQUARE INCH LINE PRESSURE WITHIN ONE HOUR FROM SEPTEMBER 30, 2004 THROUGH MAY 13, 2009. RESPONDENT VIOLATED 9 VAC25-580-170 BY UTILIZING A LINE LEAK DETECTOR TO DETECT LEAKS ON THE PRESSURIZED PIPING THAT ROUTINELY CONTAINS REGULATEDSUBSTANCES ASSOCIATED WITH TANKS 5 AND 6 THAT WAS NOT CAPABLE OF DETECTING A LEAK OF THREE GALLONS PER HOUR AT TEN POUNDSPER SQUARE INCH LINE PRESSURE WITHIN ONE HOUR FROM SEPTEMBER 30, 2004 THROUGH MAY 13, 2009. 3. THE ATG RELEASE DETECTION RESULTS FOR TANK 1 INDICATED A FAILED TEST RESULT, INDICATING A POTENTIAL RELEASE ON TWENTY-EIGHT(28) OCCASIONS BETWEEN SEPTEMBER 12, 2004 THROUGH MARCH 1, 2009. NO CIRCUMSTANCE LISTED IN 9 VAC 25-580-190(3)(A) AND (B) EXISTEDAT THE FACILITY FROM SEPTEMBER 12, 2004 THROUGH MARCH 1, 2009 AND ACCORDINGLY THE POTENTIAL RELEASE WAS REQUIRED TO BEREPORTED TO THE BOARD, PURSUANT TO 9 VAC 25-580-190(3), WITHIN TWENTY-FOUR HOURS. RESPONDENT DID NOT INVESTIGATE THE CAUSE OFTHE FAILED ATG RELEASE DETECTION RESULTS AND ASSOCIATED SUSPECTED RELEASE FROM SEPTEMBER 12, 2004 THROUGH MARCH 1, 12009.RESPONDENT DID NOT MAKE A WRITTEN REQUEST TO THE BOARD FOR ANOTHER REASONABLE PERIOD OF TIME IN WHICH TO INVESTIGATE THESUSPECTED RELEASE, AS PROVIDED BY 9 VAC 25-580-210. RESPONDENT VIOLATED 9 VAC 25-580-190(3) BY FAILING TO TIMLEY INVESTIGATE THESUSPECTED RELEASES INDICATED BY THE FAILED RELEASE DETECTION RESULTS FROM THE ATG FOR TANK 1 AT THE FACILITY FROM SEPTEMBER14, 2004 THROUGH MARCH 1, 2009.03-2010-0090 MOUNTAIN LAUREL

RESTAURANT12/29/2009 SDWA 1414G2 AO For Compliance (PWS)

SYSTEM FAILED TO MONITOR FOR COLIFORM TOTAL COLONY FORMING UNIT AND NITRATE-NITRITE. STATE REQUESTED OUR ASSISTANCE.03-2010-0091 BARREN SPRINGS

WATERWORKS, INC12/30/2009 SDWA 1414G2 AO For Compliance (PWS)

PWS FAILED TO MONITOR FOR TOTAL COLIFORM BACTERIA, CONDUCT ROUTINE AND FOLLOW-UP MONITORING FOR LEAD AND COPPER, ANDPREPARE AND DELIVER A CONSUMER CONFIDENCE REPORT FOR THREE YEARS. STATE REQUESTED OUR ASSISTANCE.03-2010-0092 PENNSY SUPPLY, INC 02/03/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramEPA IDENTIFIED SEVEN VIOLATIONS INCLUDING DEFICIENCEES PERTAINING TO THE SPCC PLAN, FACILITY INSPECTIONS AND BULK STORAGE TANKSREQUIREMENTS.03-2010-0096 BEACHES WATER COMPANY 02/05/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryTHE PWS FILED A 40/30 CERTIFICATION WITH EPA. THE TTHM AND HA5 DATA SUBMITTED WAS NOT REPRESENTATIVE OF THE HIGHEST POTENTIALFOR DISINFECTION BYPRODUCT FORMATION. EPA REQUESTED, UNDER 40 CFR 141.603(b)(2) THAT THE SYSTEM COLLECT MORE TTHM/HAA5 DATAIN THE SUMMER OF 2009 TO SUPPORT ITS 40/30 CERTIFICATION. THE SYSTEM FAILED TO SUBMIT THE REQUESTED DATA, SO EPA IS REQUIRINGSTANDARD MONITORING. THE ORDER ENSURES THE SYSTEM WILL FOLLOW ITS STANDARD MONITORING PLAN TO TAKE QUARTERLY DBP SAMLES(SINCE PREVIOUSLY, MDE WAS CONDUCTING DISINFECTION BYPRODUCT MONITORING FOR THE SYSTEM).03-2010-0099 PITTSVILLE WATER SYSTEM 02/03/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COLLECT STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) MONITORING DATA.03-2010-0100 CALVERT CO BUREAU OF

UTILITIES: PRINCEFREDERICK


THE PWS FILED A 40/30 CERTIFICATION WITH EPA. THE TTHM AND HAAT DATA SUBMITTED WAS NOT REPRESENTATIVE OF THE HIGHEST POTENTIALFOR DISINFECTION BYPRODUCT FORMATION. EPA REQUESTED, UNDER 40 CFR 141.603(b)(2) THAT THE SYSTEM COLLECT MORE TTHM/HAA5 DATAIN THE SUMMER OF 2009 TO SUPPORT ITS 40/30 CERTIFICATION. THE SYSTEM FAILED TO SUBMIT THE REQUESTED DATA, SO EPA IS REQUIRINGSTANDARD MONITORING. THE ORDER ENSURES THE SYSTEM WILL FOLLOW ITS STANDARD MONITORING PLAN TO TAKE QUARTERLY DBPSAMPLES (SINCE PREVIOUSLY, MDE WAS CONDUCTING DISINFECTION BYPRODUCT MONITORING FOR THE SYSTEM).03-2010-0101 CALVERT CO BUREAU OF

UTILITIES: SOLOMON02/05/2010 SDWA 1414G2 AO For Compliance (PWS)

THE PWS FILED A 40/30 CERTIFICATION WITH EPA. THE TTHM AND HAAT DATA SUBMITTED WAS NOT REPRESENTATIVE OF THE HIGHEST POTENTIALFOR DISINFECTION BYPRODUCT FORMATION. EPA REQUESTED, UNDER 40 CFR 141.603(b)(2) THAT THE SYSTEM COLLECT MORE TTHM/HAA5 DATAIN THE SUMMER 2009 TO SUPPORT ITS 40/30 CERTIFICATION. THE SYSTEM FAILED TO SUBMIT THE REQUESTED DATA, SO EPA IS REQUIRINGSTANDARD MONITORING. THE ORDER ENSURES THE SYSTEM WILL FOLLOW ITS STANDARD MONITORING PLAN TO TAKE QUARTERLY DBPSAMPLES (SINCE PREVIOUSLY, MDE WAS CONDUCTING DISINFECTION BYPRODUCT MONITORING FOR THE SYSTEM).03-2010-0102 ST MICHAELS 03/04/2010 SDWA 1414G2 AO For Compliance (PWS)THE PWS FILED A 40/30 CERTIFICATION WITH EPA. THE TTHM AND HAA5 DATA SUBMITTED WAS NOT REPRESENTATIVE OF THE HIGHEST POTENTIALFOR DISINFECTION BY PRODUCT FORMATION. EPA REQUESTED TAT THE SYSTEM COLLECT MORE TTHM/HAA5 DATA IN THE SUMMER OF 2009 TOSUPORT IS 40/30 CERTIFICATION. THE SYSTEM FAILED TO SUBMIT THE REQUESTED DATA, SO EPA IS REQUIRED STANDAR MONITORING. THESYSTEM WAS INSTRUCTED TO SUBMIT A STANDARD MONITORING PLAN, BUT HAS FAILED TO DO SO.03-2010-0103 SYLVAN SHORES SERVICES,

CO01/28/2010 SDWA 1414G2 AO For Compliance (PWS)

FAILURE TO SUBMIT A STANDARD MONITORING PLAN FOR INDIVIDUAL DISTRIBUTION SYSTEM EVALUATION REQUIREMENTS OF THE STAGE 2DISINFECTANTS AND DISINFECTION BYPRODUCTS RULE AND COMMENCE QUARTERLY MONITORING OF TTHMS AND HAA5.03-2010-0104 TEBBSTON ON MAOTHY/TSC

MAGOTHY ASSOCIATES, LLP01/28/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryPWS FAILED TO SUBMIT A STANDARD MONITORING PLAN FOR EPA APPROVAL THAT DOCUMENTS THE MONITORING SCHEDULE FOR A COMPLETEYEAR OF INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) STANDARD MONITORING AND TO COLLECT SAMPLES SETS OF TOTALTRIHALOMETHANES (TTHM) AND HALOACETIC ACIDS (HAAT) ACCORDING TO THE APPROVED STANDARD MONITORING PLAN.03-2010-0106 IRVIN LEVIN 04/12/2010 CWA 309A AO For ComplianceLANDOWNER IMPACTED 0.12 ACRES OF WETLANDS IN AN EFFORT TO CREATE FAST-LAND OR BEACH BY BACKFILLING BEHIND AN EXISTINGBULKHEAD OR REVETMENT. ADMINISTRATIVE ORDER REQUIRES THE REMOVAL OF FILL AND RESTORATION OF THE WETLANDS ON SITE. THISCASE REFERRED TO EPA FROM DNREC.03-2010-0107 EAST FALLS GULF, INC 04/20/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILURE TO PERFORM TANK RELEASE DETECTION, LINE LEAK DETECTOR TESTING, PIPE RELEASE DETECTION, INSPECTION OF CATHODIC SYSTEM,INSPECTION OF IMPRESSED CURRENT, PROVIDE CORROSION PROTECTION FOR USTS, PROVIDE CORROSION PROTECTION FOR PIPING, PROVIDEOVERFILL PROTECTION.03-2010-0108 PATAPSCO WASTEWATER

TREATMENT04/14/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

RANDOM RMP INSPECTION WAS CONDUCTE DON DECEMBER 9, 2010, TO DETERMINE COMPLIANCE WITH REGULATIONS. SEVERAL VIOLATIONSWERE FOUND DURING THE INSPECTION. NO RECORDS OF PRIOR VIOLATIONS WERE FOUND AT BALTIMORE RMP FACILITIES. ESA WAS ISSUED TOCORRECT MINOR DEFICIENCIES FOUND DURING THE INSPECION.03-2010-0109 GREATER GRACE WORLD

OUTREACH , INC04/22/2010 TSCA 207 AO For Asbestos/Schools (LEA)

On April 22, 2010 a Consent Agreement and Final Order (CAFO) was filed resolving violations of the Asbestos Hazards Emergency Response Act (AAHERA@) underthe Toxic Substances Control Act (ATSCA@). Greater Grace World Outreach, Inc., is located in Baltimore, WV. Greater Grace World Outreach, Inc. failed to:conduct and AHERA reinspection, provide training for the designated person, maintain required records, provide initial or annual notifications to parents, teachers, andemployee organization notifications, conduct periodic surveillance, post warnings, and conduct the initial inspection (s). Greater Grace World Outreach, Inc. school,Greater Grace Christian Academy, has approximately 300 students and 45 employees. Management plans are used to note the location and condition of asbestos-containing materials (ACM) through-out the school. A management plan helps prevent exposure to asbestos by ensuring that any maintenance or other routine schoolactivities will not result in the disturbance of ACM. Annual notification on the availability of the management plan, allows parents, teachers, and employeeorganizations the opportunity for reviewing all information regarding ACM in the school. Greater Grace World Outreach has a civil penalty assessed of $3,353 and theyhas spent $4,500 to comply with AHERA regulations. They have a civil penalty with a cash component of $0 dollars. 03-2010-0110 MCQUEEN, MICHAEL 03/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramTHE FACILITY FAILED TO PROVIDE ANY EVIDENCE OF FINANCIAL ASSURANCE FOR ITS 1,000 GALLON UST CONTAINING DIESEL FUEL FOR DATESPREVIOUS TO SEPTEMBER 6, 2009. FAILURE TO MEET THE REQUIREMENT FOR ANNUAL AGGREGATE COVERAGE OF INSURANCE IS A VIOLATION OFDCMR TITLE 20 CHAPTER 67 [40 C.F.R. SECTION 280.93(a)(1)-(2)].03-2010-0111 FIRST CAPITAL INSULATION

(SB)03/17/2010 CAA 113D1 Action For Penalty





SummaryRESPONDENT FAILED TO KEEP STRIPPED ASBESTOS-CONTAINING MATERIAL WET UNTIL COLLECTED & CONTAINED UNTIL DISPOSED AS REQUIRED.03-2010-0115 ST. PAUL'S CHURCH 05/20/2010 TSCA 207 AO For Asbestos/Schools (LEA)Region 3 issued a Super Consent Agreement and Final Order (SCAFO) to St. Paul s Church, which is the Local Education Agency (LEA) responsible for AHERAcompliance at the St. Paul s Preschool, Greensboro, Md. The LEA failed to comply with certain requirements Asbestos Hazard and Emergency Response Act(AHERA). Specifically, the LEA failed: to take the required bulk samples from each homogenous area between 1,000 - 5000 sq. ft.; have an appropriate amount ofsamples taken of the drywall plaster at the school. This was discovered during an inspection conducted On February 26, 2008, by the Maryland Department ofEnvironment (MDE). The LEA took necessary action to come into compliance with AHERA. A monetary penalty of $656.00 was included as part of the settlement.03-2010-0116 COOPERS CREEK CHEMICAL

CORP03/09/2010 EPCRA 325 Action For Penalty

On March 9, 2010, Region III filed an administrative consent agreement and final order ( CAFO ) entered into with Coopers Creek Chemical Corporation. The CAFOsimultaneously commenced and concluded an enforcement action for violations at the company s facility in West Conshohocken, Pennsylvania. The CAFO resolvesthe company s violations of Section 313 of EPCRA, for the 2005 reporting year, whereby the company failed to submit Form R reports for the following toxicchemicals: Biphenol, Phenol, Cresol, Anthracene, Polycyclic Aromatic Compounds, and 1,2,4-Trimethylbenzene and underreported its fugitive air emissions for thetoxic chemical Creosote. Under the terms of the CAFO, the company is required to pay a civil penalty of $44,100. The company has already come into compliance bysubmitting the required and/or corrected Form R reports.03-2010-0117 KIMBERLY-CLARK CORP 03/30/2010 TSCA 16 Action For PenaltyKimberly-Clark of PA Takes the PCB Challenge and Eliminates Over 17,800 Pounds of PCB from the Environment As a result of the Region III enforcement initiative known as the PCB Challenge, the Region entered into a Consent Agreement/Final Order with Kimberly-ClarkCorporation, TSCA 03-2010-0117, on March 30, 2010, resolving alleged violations at the Kimberly-Clark of PA facility located in Chester, Pennsylvania. Thisenforcement action addresses and resolves a violation of TSCA Section 6(e), 15 U.S.C. § 2605(e), and implementing regulations set forth in 40 C.F.R. Part 761( Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions ) regarding the unauthorized use of three PCBtransformers which were not registered by the regulatory deadline. Respondent has removed the PCB transformers at issue from its facility, properly disposed of themin accordance with 40 C.F.R. Part 761, and will pay a penalty of $12,700.00 for the unauthorized use violation. As a result of this action, 17,861 pounds of PCB havebeen eliminated from the environment.03-2010-0118 AMERICAN COMPUTER

DEVELOPMENTINCORPORATED


LATE SUBMITTAL OF 2008 TOXIC CHEMICAL RELEASE REPORT UNDER EPCRA 313.03-2010-0119 BOROUGH OF BIRDSBORO 03/23/2010 CWA 309A AO For ComplianceBOROUGH IMPACTED 0.13 ACRES OF WETLAND IN ORDER TO CONSTRUCT PARKING ASSOCIATED WITH A BASEBALL FIELD. THE ADMINISTRATIVEORDER REQUIRES THE RESTORATION OF WETLANDS ON SITE AND DIRECTS THE BOROUGH TO PADEP FOR AUTHORIZATION FOR ALL IMPACTS TOAQUATIC RESOURCES. THIS CASE WAS REFERRED TO EPA BY PADEP.





Summary03-2010-0120 HARFORD COUNTY

GOVERNMENT03/23/2010 CWA 309A AO For Compliance

MISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF HTE MS4 PERMIT.03-2010-0121 MIRACLE MEADOWS SCHOOL 02/26/2010 SDWA 1414G2 AO For Compliance (PWS)PWS EXCEEDED THE MAXIMUM CONTAMINANT LEVEL (MCL) FOR ARSENIC.03-2010-0122 SCHOOL DAYS CHILDCARE 02/25/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO MONITOR FOR TOTAL COLIFORM BACTERIA, NITRATE AND VOLATILE ORGANIC CHEMICALS. STATE REQUESTED OUR ASSISTANCE.03-2010-0123 MAYOR AND CITY COUNCIL OF

BALTIMORE06/30/2010 SDWA 1414G2 AO For Compliance (PWS)

PWS FAILEED TO MEET A REGULATORY DEADLINE UNDER THE LT2 RULE TO COVER, TREAT THE DISCHARGE FROM, OR BE IN COMPLIANCE WITH ASTATE-APPROVED SCHEDULE TO COVER OR TREAT THE DISCHARGE FROM ITS UNCOVERED DRINKING WAER RESERVOIRS.03-2010-0126 JOHN R. YOUNG & COMPANY 06/29/2010 CWA 309G2B AO For Class II PenaltiesOn June 29, 2010, the Regional Judicial Officer signed a Final Order accepting the Consent Agreement that resolves alleged violations by John R Young & Companyof CWA Spill Control and Countermeasure (SPCC) regulations. EPA alleged that John R. Young & Company failed to implement a drills and exercises program andfailed to maintain a copy of their SPCC Plan at the Facility. Under the terms of the settlement, John R. Young & Company will pay a $40,000 civil penalty.03-2010-0128 SHORE STOP # 227

TOWNSEND03/29/2010 SDWA 1414G2 AO For Compliance (PWS)

PWS FAILED TO CONDUCT TRIGGERED SOURCE WATER MONITORING UNDER THE GROUND WATER RULE. SOURCE WATER MONITORING ISTRIGGERED WHEN A SYSTEM THAT DOES NOT HAVE FOR LOG TREATMENT OF VIRUSES HAS A TOTAL COLIFORM POSITIVE IN DISTRIBUTIONSYSTEM.03-2010-0129 SHORE STOP #256 MILFORD 03/29/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO CONDUCT TRIGGERED SOURCE WATER MONITORING UNDER THE GROUND WATER RULE SOURCE WATER MONITORING ISTRIGGERED WHEN A SYSTEM THAT DOE SNOT HAVE 4-LOG TREATMENT OF VIRUSES HAS A TOTAL COLIFORM POSITIVE IN DISTRIBUTION SYSTEM.03-2010-0131 RANBAR ELECTRICAL

MATERIALS, INC06/10/2010 RCRA 3008A AO For Comp And/Or Penalty

FAILURE TO COMPLY WITH THE LESS THAN 90 DAYS HAZARDOUS WASTE CONTAINER STORAGE REQUIREMENTS OF 40 CFR SECTION 262.34(a).03-2010-0133 ALLEGHENY TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0134 ALSACE TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.





Summary03-2010-0136 BLAIR COUNTY 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0137 BLAIR TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0138 BREAKNOCK TWP (BERKS/

DENVER)03/31/2010 CWA 309A AO For Compliance

MISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0139 CAMP HIL BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0140 HARRISBURG, CITY OF 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0141 COLEBROOKDALE TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0142 CORNWALL BORO (LEBANON) 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGMEENT COMPONENTS OF THE MS4 PERMIT.03-2010-0143 CONEWAGO TWP (DAUPHIN) 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0144 CHAMBERSBURG BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0145 DAUPHIN COUNTY 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0147 DOVER TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WTAER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0148 EAST PETERSBURG BOROUGH

(LANCASTER)03/31/2010 CWA 309A AO For Compliance

MISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0149 EAST HEMPFIELD TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.





Summary03-2010-0150 EAST PENNSBORO TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0151 EPHRATA TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0152 FAIRVIEW TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0153 FLEETWOOD BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0154 FRANKLIN TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0155 FRANKSTOWN TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0156 HIGHSPIRE BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0157 LEMOYNE BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0158 LONDONDERRY TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0160 LOWER ALSACE TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0161 LOWER HEIDELBERG TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0162 LOGAN TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0163 LOGANVILLE BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0164 LOWER PAXTON TWP

(DAUPHIN)03/31/2010 CWA 309A AO For Compliance





SummaryMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0165 MANHEIM BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0166 MANOR TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0167 MARIETTA BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0168 MANCHESTER BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0169 MANCHESTER TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MSF PERMITS.03-2010-0170 MARION TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0171 MIDDLETOWN BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATIONON REQUIRED STORM WTAER MANAGEMENT COMPONENTS OF HE MS4 PERMIT.03-2010-0172 MONROE TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0173 MOUNTVILLE BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0175 NEW CUMBERLAND BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0176 NORTH LONDONDERRY TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0177 NORTH CORNWALL TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0178 NORTH LEBANON TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0180 PAXTANG BOROUGH 03/31/2010 CWA 309A AO For Compliance





SummaryMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0181 PENBROOK BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0182 RED LION (YORK) BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0183 ROBESON TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0184 ROBESONIA BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0186 SHIREMANSTOWN BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0188 SINKING SPRING BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0189 SOUTH HANOVER TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0190 SOUTH LEBANON TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0192 SPRING GARDEN TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0194 ST LAWRENCE BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0195 SWATARA TWP (DAUPHIN) 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0196 S HIEDELBERG TWP (BERKS) 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0197 SWATARA TWP (LEBANON) 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0198 UPPERLEACOCK TWP 03/31/2010 CWA 309A AO For Compliance





SummaryMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0199 WEST HANOVER TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0201 WEST LEBANON TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0203 WEST YORK BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0204 WINDSOR BOROUGH (YORK) 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0205 WINDSOR TWP (YORK) 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0206 WORMLEYSBURG BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0208 WEST COCALICO TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0209 YORK CITY 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0210 YORK COUNTY 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0211 YOE BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0212 YORK HAVEN BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0213 JACOBUS BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0214 JONESTOWN BOROUGH 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0215 KENHORST BOROUGH 03/31/2010 CWA 309A AO For Compliance





SummaryMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0216 LEBANON CITY 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0217 LEBANON COUNTY 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0218 LEESPORT BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0219 FREEDOM TWP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0220 JACKSON TOWNSHIP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0221 LANCASTER CITY 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0222 LANCASTER TOWNSHIP 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0224 WOMELSDORF BORO 03/31/2010 CWA 309A AO For ComplianceMISSING DOCUMENTATION ON REQUIRED STORM WATER MANAGEMENT COMPONENTS OF THE MS4 PERMIT.03-2010-0225 INTERNATIONAL PETROLEUM

CORPORATION OF DELAWARE(D/B/A FCC ENVIRONMENT)


RESPONDENT FAILED TO COMPLY WITH REQUIREMENTS AND PROVISIONS OF RCRA SUBTITLE C, 42 U.S.C. SECTION 6921-6939E. VIOLATIONSINCLUDED THE STORAGE OF HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS AND THE FAILURE TO COMPLY WITH: WASTE ANALYSIS,ANNUAL PERSONNEL REFRESHER TRAINING, HAZARDOUS WASTE CLOSED CONTAINER STORAGE, UNIVERSAL WASTE LAMP MANAGEMENT,GENERAL USED OIL PROCESSING FACILITY (FIRE, EXPLOSION, AND UNPLANNED SUDDEN OR NON-SUDDEN RELEASE MINIMIZATION) AND USED OILCONTAINER LABELING REQUIREMENTS.03-2010-0226 AXCERA, LLC 06/14/2010 EPCRA 325 Action For PenaltyFAILURE TO FILE TRI FOR LEAD PROCESSED IN 2004.03-2010-0227 SKILES, BRIAN J 03/31/2010 TSCA 16 Action For Penalty





SummaryTHIS CAFO RESOLVES RESPONDENT'S LIABILITY FOR FAILURE TO DISCLOSE THE POTENTIAL PRESENCE OF LEAD-BASED PAINT, AS REQUIRED BYTH LEAD DISCLSOURE RULE. THE TERMS OF THE CAFO PROVIDE THAT RESPONDENT WILL PAY A CIVIL PENALTY IN THE AMOUNT OF TWOHUNDRED FIFTY DOLLARS ($250.00). THIS SETTLEMENT WAS REACHED FOLLOWING AN ANALYSIS OF RESPONDENT'S ABILITY PAY A CIVIL PENALTY.03-2010-0228 SIMS METAL MANAGEMENT

PITTSBURGH, INC07/06/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

THE FACILITY FAILED TO REPORT TIER II's FOR 2006, 2007 TO THE SERC AND LEPC, AND A LATE REPORT FOR 2008.03-2010-0229 PIKEWOOD NATIONAL GOLF

COURSE03/18/2010 CWA 309A AO For Compliance

CASE WAS REFERRED TO EPA FROM U.S. ARMY CORP OF ENGINEERS - PITTSBURGH DISTRICT. VIOLATOR(S) FILLED UNNAMED TRIBUTARIES ANDWETLANDS OF LAUREL RUN IN MORGANTOWN, MONONGALIA COUNTY, WV FOR DEVELOPMENT OF A PRIVATE GOLF COURSE WITHOUTAUTHORIZATION.03-2010-0230 COMPUNETICS, INC 04/20/2010 RCRA 3008A AO For Comp And/Or PenaltyRespondent failed to properly manage hazardous waste generated and temporarily accumulated on site, including failing to properly label and mark with theaccumulation start date containers holding hazardous waste and failing to keep hazardous waste containers closed during storage except when necessary to add orremove waste. Respondent also mismanaged universal waste lamps by failing to store such lamps in containers that were closed, labeled properly, and marked withthe accumulation start date. Finally, Respondent failed to maintain the required copies of hazardous waste manifests after they were signed by the designated TSDFindicating that the hazardous waste which had been shipped offsite had arrived at its final destination.03-2010-0231 E I DUPONT DE NEMOURS AND

COMPANY03/18/2010 CAA 113A Admin Compliance Order (Non-Penalty)

In the Order, EPA finds that DuPont has failed to, among other things, design and maintain a safe facility in accordance with section 112(r)(1) of the CAA, 42 U.S.C. §7412(r)(1). The Order requires that DuPont immediately comply with all the requirements of section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1).03-2010-0232 CONSUMER MANAGEMENT

SERVICES, INC03/24/2010 TSCA 16 Action For Penalty

FAILURE TO COMPLY WITH LEAD DISCLOSURE RULE IN REGARDS TO LEASING OF TARGET HOUSING.03-2010-0233 PENNSYLVANIA AMERICAN

WATER COMPANY -PITTSBURGH WATER SYSTEM


PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATION ANDAPPROPRIATE MONITORING.03-2010-0234 PAPE, KATHY 04/26/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.





Summary03-2010-0235 KATHY L. PAPE 04/26/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0236 PAPE, KATHY L. 03/31/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPRORIATE MONITORING.03-2010-0237 PAPE, KATHY L. 03/31/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APROPRIATE MONITORING.03-2010-0238 PAPE, KATHY L. 03/31/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0239 KATHY L. PAPE 04/27/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0240 KEHILAT SHALOM

CONGREGATION04/20/2010 TSCA 207 AO For Asbestos/Schools (LEA)

On April 20, 2010, the Region and Kehilat Shalom Congregation of Gaithersburg, MD entered into a settlement agreement resolving AHERA violations found at theKehilat Shalom Early Childhood Center, also located in Gaithersburg, MD. Kehilat Shalom Congregation has demonstrated that the AHERA violation(s) found during aJanuary 30, 2008 asbestos inspection conducted by the Maryland Department of the Environment ( MDE ) have been corrected at a cost of $1,500. Consistent withSection 207(a) of TSCA, the amount spent to come into compliance was deducted from the assessed penalty resulting in a zero ($0) dollar cash penalty. KehilatShalom Early Childhood Center, now has an asbestos management plan in place that informs parents the school contains no asbestos, identifies the designatedperson responsible for handling matters related to asbestos in the school and provides information on how the school annually notifies parents, teachers, etc. as to theavailability of the management plan for their review. Kehilat Shalom Congregation is the owner of the school building from which the non-profit, non-public schooloperates and is therefore responsible, under the Asbestos Hazard and Emergency Response Act, ( AHERA ), for complying with the AHERA requirements. KehilatShalom Early Childhood Center serves approximately seventy five (75) students and employs thirteen staff members (13). 03-2010-0241 WESTERN ALLEGHENY

COUNTY MUNICIPALAUTHORITY


PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HUDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.





Summary03-2010-0242 RICHLAND TOWNSHIP

MUNICIPAL AUTHORITY04/16/2010 SDWA 1414G2 AO For Compliance (PWS)

PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0243 LOUDOUN COUNTY

SANITATION AUTHORITY04/16/2010 SDWA 1414G2 AO For Compliance (PWS)

PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0244 WILLIAM R. WALSH (FF) 04/16/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0245 FORT BELVOIR WATER

SYSTEM04/16/2010 SDWA 1414G2 AO For Compliance (PWS)

PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0247 VIRGINIA AMERICAN WATER

COMPANY04/16/2010 SDWA 1414G2 AO For Compliance (PWS)

PWS FAILED TO COMPLETE AND SUBMIT PROOF OF STAGE 2 INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) HYDRAULIC MODEL CALIBRATIONAND APPROPRIATE MONITORING.03-2010-0248 CLINCHPORT, TOWN OF 03/29/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO CONDUCT TRIGGERED SOURCE WATER MONITORING UNDER THE GROUNDWATER RULE. SOURCE WATER MONITORING ISTRIGGERED WHEN A SYSTEM THAT DOES NOT HAVE 4-LOG TREATMENT OF VIRUSES HAS A TOTAL COLIFORM POSITIVE IN DISTRIBUTION SYSTEM.03-2010-0250 SOUTHERN LEHIGH SCHOOL


SCHOOL FAILED TO MAINTAIN AHERA MANAGEMENT PLANS AT SCHOOL OFFICER.03-2010-0253 STELLA - JONES


FAILURE TO COMPLY WITH THE DROP PAD REGULATING AND OTHER GENERATOR CONTAINER STORAGE REQUIREMENTS.03-2010-0256 SUNOCO INC (R&M) 05/27/2010 CERCLA 109 Action For Penalty





SummaryEPA Region III and Sunoco, Inc. ( Sunoco ) have executed a Consent Agreement Docket No. CERCLA/EPCRA 03-2010-0256 settling an administrative enforcementaction for violations of Section 103 of CERCLA, 42 U.S.C. § 9603, and Sections 304 and 312 of EPCRA, 42 U.S.C. § 11004, 11022. Sunoco failed to notify theNational Response Center, the State Emergency Response Commission and the Local Emergency Planning Committee immediately following a non-permitted releaseof Benzene on January 28, 2007, at its facility located at 3144 Passyunk Ave in Philadelphia, Pennsylvania. Sunoco also failed to submit the requisite documents tothe appropriate agencies for extremely hazardous chemicals that were present at the Sunoco facility. Sunoco has agreed to pay a combined penalty of $80,912.00 forthe violations. The Final Order was filed on May 20, 2010. 03-2010-0257 U S DEPARTMENT OF THE

ARMY06/10/2010 RCRA 9006 AO For Comp And/Or Pen (UST)

FAILURE TO DO APPROVED MONTHLY OF UST #6 FROM JULY 1, 2005 TO APRIL 30, 2007 - VIOLATION OF 9 VAC 25-580-1401 FAILURE TO EQUIP UNDERGROUND PRESSURE PIPING FOR USTs, 1,2,4,5 W/AUTOMATIC LINE LEAK DETECTOR FROM JULY 12, 2007 TO NOVEMBER27, 2007 IN VIOLATIONS OF QVAC 25-580-1402.03-2010-0259 EASTERN PLATING COMPANY,

INC06/08/2010 RCRA 3008A AO For Comp And/Or Penalty

The CAFO sets forth the following violations applicable to both Respondent s Pulaski and Baylis Facilities in Baltimore, MD: 1. Operating a hazardous waste treatment, storage or disposal facility without a permit or interim status; 2. Failure to keep hazardous waste containers closed during storage; 3. Failure to maintain an inspection log of weekly hazardous waste inspections; 4. Failure to provide hazardous waste training; 5. Failure to prepare and maintain hazardous waste training records; 6. Failure to make hazardous waste determinations; and 7. Offering hazardous waste to a TSDF without an EPA Identification Number. In addition, the CAFO sets forth the following additional violations for the Baylis Facility: 8. Failure to prepare and/or maintain LDR forms; 9. Failure to prepare hazardous waste manifests; and 10. Transporting hazardous waste without an EPA Identification Number. 03-2010-0261 BUCKEYE PIPE LINE CO, L.P. 06/16/2010 TSCA 16 Action For Penalty





SummaryEPA REGION III ENTERED INTO A CONSENT AGREEMENT/FINAL ORDER, TSCA-03-2010-0261, WITH BUCKEYE PARTNERS, LP FOR AN ALLEGEDVIOLATION AT BUCKEYE PIPELINE COMPANY LOCATED IN MECHANISBURG, PENNSYLVANIA, AS A RESULT OF THE ENFORCEMENT INITIATIVE KNOWNAS THE PCB CHALLENGE. THIS ENFORCEMENT ACTION ADDRESSES AND RESOLVES A VIOLATION OF TSCA AND THE REGULATIONS IMPLEMENTINGTSCA SECTION 6(e), 15 U.S.C. SECTION 2605(e), AS SET FORTH IN 40 C.F.R. PART 761 ("POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING,PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS") REGARDING THE UNAUTHORIZED USE OF A PCB TRANSFORMER WHICH WASNOT REGISTERED BY THE REGULATORY DEADLINE. RESPONDENT HAS REMOVED THE PCB TRANSFORMER FROMS ITS FACILITY, DISPOSED OF ITIN ACCORDANCE WITH 40 C.F.R. PART 761, AND WILL PAY A PENALTY FOR THE UNAUTHORIZED USE VIOLATION. AS A RESULT OF THIS ACTION, 910POUNDS OF PCB HAVE BEEN ELIMINATED FROM THE ENVIRONMENT. TO DATE, APPROXIMATELY 20,000 POUNDS OF PCB HAVE BEEN REMOVEDFROM THE ENVIRONMENT AS A RESULT OF REGION III'S IMPLEMENTATION OF THE PCB CHALLENGE.03-2010-0262 SHAWN REYBURN 04/09/2010 SDWA 1414G2 AO For Compliance (PWS)SYSTEM HAD POSITIVE TCR SAMPLES IN DECEMBER 2009 AND FEBRUARY 2010; SYSTEM DID NOT PERFORM TRIGGERED SOURCE WATERMONITORING AS REQUIRED BY 141.402(a)(2) OF THE GROUND WATER RULE. SYSTEM IS ORDERED TO PERFORM SOURCE WATER SAMPLING OFEACH WELL.03-2010-0263 SHOPPES OF MT. PLEASANT 04/07/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO CONDUCT TRIGGEREED SOURCE WATER MONITORING UNDER THE GROUND WATER RULE, SOURCE WATER IS TRIGGERED WHEN ASYSTEM THAT DOES NOT HAVE 4-LOG TREATMENT OF VIRUSES HAS A TOTAL COLIFORM POSITIVE IN DISTRIBUTION SYSTEM.03-2010-0264 UPPER PERKIOMEN SCHOOL


On May 12, 2010 a Consent Agreement and Final Order (CAFO) was filed resolving violations of the Asbestos Hazards Emergency Response Act ( AHERA ) underthe Toxic Substances Control Act ( TSCA ). Upper Perkiomen School District ( UPSD ), is located in Pennsburg, Pennsylvania. UPSD failed to maintain copies ofupdated management plans in schools. UPSD has approximately 3,100 students and 400 employees. Management plans are used to note the location and conditionof asbestos-containing materials (ACM) through-out the school. A management plan helps prevent exposure to asbestos by ensuring that any maintenance or otherroutine school activities will not result in the disturbance of ACM. Annual notification on the availability of the management plan, allows parents, teachers, andemployee organizations the opportunity for reviewing all information regarding ACM in the school. UPSD spent $7,900 to comply with AHERA regulations.03-2010-0267 WESTERN REFINING

YORKTOWN, INC06/17/2010 CERCLA 109 Action For Penalty

EPA Region III and Western Refining Yorktown, Inc. ( Western Refining ) have executed a Consent Agreement, Docket No. CERCLA/EPCRA 03-2010-0267 settlingan administrative enforcement action for violations of Section 103 of CERCLA, 42 U.S.C. § 9603, and Sections 304 and 312 of EPCRA, 42 U.S.C. § 11004, 11022.Western Refining failed to notify the National Response Center, the State Emergency Response Commission and the Local Emergency Planning Committeeimmediately following non-permitted releases of Nitrogen Dioxide and Sulfur Dioxide on February 5, 2007 and Sulfur Dioxide and Hydrogen Sulfide on April 22, 2007,at its facility located at 2201 Goodwin E. Neck Road Grafton, Virginia. Western Refining also failed to submit the requisite documents to the appropriate agencies forextremely hazardous chemicals that were present at the Western Refining facility. 03-2010-0272 WEINBENDER, ED 04/20/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryPWS FAILED TO CONDUCT TRIGGERED SOURCE WATER MONITORING UNDER THE GROUND WATER RULE SOURCE WATER MONITORING ISTRIGGERED WHWEN A SYSTEM THAT DOES NOT HAVE 4-LOG TREATMENT OF VIRUSES HAS A TOTAL COLIFORM POSITIVE IN DISTRIBUTION SYSTEM.03-2010-0274 ARGIRIOUS KIPROUS 04/20/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO CONDUCT SOURCE WATER MONITORING UNDER THE GROUNDWATER RULE. SOURCE WATER MONITORING IS TRIGGERED WHEN ASYSTEM THAT DOES NOT HAVE 4-LOG TREATMENT OF VIRUSES HAS A TOTAL COLIFORM POSITIVE IN DISTRIBUTION SYSTEM.03-2010-0275 SHELL'S LEARNING CENTER III 05/25/2010 SDWA 1414G2 AO For Compliance (PWS)PWS FAILED TO MONITOR FOR LEAD AND COPPER AND SUBMIT COPIES OF ITS PUBLIC NOTIFICATION OF THE MONITORING VIOLATIONS.03-2010-0276 COATESVILLE AREA SCHOOL

DISTRICT06/10/2010 TSCA 16 Action For Penalty

SCHOOL FAILED TO MAINTAIN AHERA PLAN IN OFFICES.03-2010-0277 INTERVET, INC 05/11/2010 CERCLA 106 AO For Resp Action/Imm HazADMINISTRATIVE ORDER ON CONSENT FOR MALLINCKRODT VETERINARY, INC AND INTERVET, INC TO CONDUCT CARBON TREATMENT ANDSAMPLING ON TWO DRINKING WATER WELLS AND TO STUDY HYDROGEOLOGIC CONNECTION BETWEEN SHALLOW AND DEPP AQUIFER INMILLSBORO, DE.03-2010-0278 VIRGINIA ELECTRIC & POWER

COMPANY06/22/2010 TSCA 16 Action For Penalty

On June 22, 2010, EPA Region III entered into a Consent Agreement/Final Order, with Virginia Electric and Power Company for an alleged violation at the PossumPoint Power Station located in Dumfries, Virginia, as a result of the enforcement initiative known as the PCB Challenge. This enforcement action addresses andresolves a violation of TSCA and of the regulations implementing TSCA Section 6(e), as set forth in 40 C.F.R. Part 761 regarding the unauthorized use of PCBtransformers which were not registered by the regulatory deadline. Respondent has removed and appropriately disposed of the PCB transformers at issue from itsfacility, and will pay a penalty for the unauthorized use violation. As a result of this action, 43,200 pounds of PCB have been eliminated from the environment. Todate, approximately 63,200 pounds of PCB have been removed from the environment as a result of Region III s implementation of the PCB Challenge.03-2010-0291 PETERSHEIM, MELVIN AND

MOSES06/01/2010 CWA 309A AO For Compliance

FACILITY IS A LARGE CAFO THAT CONFIES 35,000 EGG-LAYING CHICKENS. CHICKEN LITTER WAS STORED OUTSIDE AND UNCOVERED FOR MORETHAN 15 DAYS. ACCORDING TO EPA POLICY, THIS CONSTITUTES THE USE OF A LIQUID MANURE HANDLING AND THEREFORE THE THRESHOLD FORBEING DEFINED AS A LARGE CAFO IS 30,000 BIRDS. FACILITY DISCHARGE NITROGEN AND PHOSPHORUS FROM THE CHICKEN LITTER STOCKPILES.IN ADDITION, THE FACILITY HAS A DAIRY THAT CONFINES 80 ADULT COWS. SOLID DAIRY MANURE WAS STORED OUTSIDE AND WASHWATER FROMTHE MILKHOUSE DISCHARGED TO A DITCH THAT DISCHARGED TO A WATER OF THE US. FACILITY IS BEING ORDERED TO CEASE AND DESISTDISCHARGING WITHOUT AN NPDES PERMIT.03-2010-0294 CRYSTAL, INC - PMC 06/29/2010 CWA 311B6B1 AO For Class I Penalty





SummaryEPA REGION III FILED SETTLEMENT REGARDING CRYSTAL INC - PMC. CRYSTAL OWNS AND OPERATES A BULK OIL STORAGE FACILITY LOCATED AT601 W 8TH ST, LANDSDALE, PA (THE "FACILITY"). DURING AN INSPECTION OF THE FACILITY IN 2008, EPA OIL INSPECTORS DISCOVERED THAT THEFACILITY FAILED TO PROVIDE SUFFICIENTLY IMPERVIOUS SECONDARY CONTAINMENT FOR THE LARGEST SINGLE CONTAINER IN ALL CONTAINERINSTALLATIONS PLUS SUFFICIENT FREEBOARD TO ALLOW FOR PRECIPTATION, IN VIOLATION OF 40 C.F.R. SECTION 112.7(e)(2)(ii). THESEDEFICIENCIES CONSTITUTES A VIOLATION OF SECTION 311(j) OF THE CWA. THIS MATTER WAS SIMULTANEOUSLY COMMENCED AND CONCLUDEDTHROUGH A SHOW CAUSE LETTER AND PRE-FILING SETTLEMENT UNDER 40 C.F.R. SECTION 122.13(b).03-2010-0297 YUTZY, DAVID & JEWEL 06/01/2010 CWA 309A AO For ComplianceFACILITY IS A MEDIUM CAFO THAT CONFINES BOTH DAIRY COWS AND TURKEYS. DAIRY COWS AND HEIFER HAVE DIRECT ACCESS TO THE NORTHFORK OF THE SHENANDOAH RIVER AND AN UNNAMED TRIBUTARY TO THE NORTH FORK OF THE SHENANDOAH RIVER. FACILITY HAS DIRECTDISCHARGE OF NITROGEN AND PHOSPHORUS POLLUTION THROUGH ANIMALS COMING INTO CONTACT WITH WATERS OF THE UNITED STATES, ASWELL AS DISCHARGE OF NITROGEN AND PHOSPHORUS FROM DENUDED LOTS IN THE PRODUCTION AREA. FACILITY IS BEING ORDERED TO CEASEAND DESIST DISCHARGING WITHOUT AN NPDES PERMIT.03-2010-0298 MAXIMA TECHNOLOGIES &

SYSTEMS, LLC06/29/2010 EPCRA 325 Action For Penalty

FAILURE TO TIMELY SUBMIT FORM R OR FORM A FOR LEAD FOR 2007 & 2008.03-2010-0299 SEPTA 06/21/2010 CERCLA 106 AO For Resp Action/Imm HazREGION 3 HAS ISSUED AN ADMINISTRATIVE ORDER REQUIRING THE SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (SEPTA) TOPERFORM CLEANUP WORK WITHIN A SMALL PORTION OF THE R5 LANDSDALE/DOYLESTOWN REGIONAL RAIL LINE IN ORELAND, MONTGOMERYCOUNTY, PENNSYLVANIA. THE ORDER, ISSUED UNDER SECTION 106(A) OF CERCLA, REQUIRES SEPTA TO, AMONG OTHER THINGS, EXCAVATECONTAMINATED SOIL AND SANDBLASTING GRIT THAT HAS LIKELY MIGRATED ONTO THE RIGHT-OF-WAY FORM ADJACENT PROPERTY UPON WHICHTHE TANK CAR CORPORATION OF AMERICA (TCCA) REPAIRED AND MAINTAINED RAIL CARS FROM APPROXIMATELY 1921 UNTIL 2001.TCCA'SOPERATIONS RESULTED IN, AMONG OTHER THINGS, THE PRESENCE OF CRESOL COMPOUNDS, TRICHLOROETHENE, AMMONIA, DICHLOROETHANE,BENZENE, VINYL CHLORIDE; AND 2,4-D IN TANK CARS; TRICHLOROETHENE, BENZENE, LEAD PHENOL, NAPHTHALENE, AND NUMEROUS POLYCYCLICAROMATIC HYDROCARBONS IN SURFACE SOILS; BENZENE STYRENE, XYLENES, BENZO(A)PYRENE, NAPHTHALENE, PHENOL, TCE, AND 2-4D INSUBSURFACE SOILS; AND THE ACCUMULATION OF SAND BLASTING GRIT CONTAINING LEAD, BENZO(A)PYRENE, NAPHTHALENE,HEXACHLOROBENZENE, AND DDT ON ITS PROPERTY, SOME OF WHICH IS NOW WITHING THE RIGHT-OF-WAY. SINCE 2006, EPA HAS ASSESSEDCONTAMINATION AT THE TCCA PROPERLY AND HAS CONDUCTED OR OVERSEEN CLEANUP WORK INCLUDING THE REMOVAL OF LIQUIDS FROMTANKS, DRUMS, CONTAINER, AND BURIED RAIL CARS; THE EXCAVATION OF TANKS AND RAIL CARS; AND THE REMOVAL OF CONTAMINATED SOILS.EPA AND SEPTA WERE UNSUCCESSFUL IN NEGOTIATING A CONSENSUAL AGREEMENT UNDER WHICH EPA AND ITS CONTRACTOR WOULD ENTERSEPTA'S RIGHT-OF-WAY TO ASSESS THE CONTAMINATION, WHICH IS VISIBLE FROM THE TCCA PROPERTY. THE ORDER DOES NOT REQUIRE SEPTATO PROVIDE ACCESS TO EPA; OVERSIGHT OF THE WORK IS EXPECTED TO BE ACCOMPLISHED FROM THE ADJACENT TCCA PROPERTY WHEREADDITIONAL CLEANUP ACTIONS WILL BE CONDUCTED BY EPA USING FEDERAL FUNDS.03-2010-0300 ERIE PLATING COMPANY 06/22/2010 RCRA 3008A AO For Comp And/Or PenaltyFAILURE TO COMPLY WITH THE HW GENERATOR EXEMPTION REQUIREMENTS.





Summary03-2010-0301 ROCKLAND INDUSTRIES, INC 06/30/2010 EPCRA 325 Action For PenaltyOn June 30, 2010, EPA Region III filed an administrative consent agreement and final order simultaneously commencing and resolving an administrative enforcementaction against Rockland Industries, Inc. for violations of Section 313 of the Emergency Planning and Community Right to Know Act. Respondent is a Marylandcorporation that processes unfinished textiles to make specialty fabrics, including making fabrics that are water-proof and fire-resistant. It has two facilities, one inSouth Carolina and one in Baltimore, Maryland. For reporting year 2007, Rockland failed to file forms required under EPCRA concerning three chemicals thecompany used at its Maryland facility in an amount above the reportable quantity: ammonia, antimony compounds, and decabromodiphenyl oxide.03-2010-0303 COMMUNITY UNITED

METHODIST CHURCH07/29/2010 TSCA 207 AO For Asbestos/Schools (LEA)

SCAFO issued/filed.03-2010-0304 MONKTON UNITED

METHODIST CHURCH06/29/2010 TSCA 207 AO For Asbestos/Schools (LEA)

FAILED TO CONDUCT INITIAL INSPECTION, PREPARE AND SUBMIT A MANAGEMENT PLAN, PROVIDE ANNUAL NOTIFICATION TO PARENTS, TEACHERS,ETC.03-2010-0305 HESS CORPORATION 07/28/2010 RCRA 9006 AO For Comp And/Or Pen (UST)FAILURE TO PROVIDE CONSISTENT TANK RELEASE DETECTION FOR 2 USTs.03-2010-0306 HIGH STEEL STRUCTURES,


RESPONDENT FAILED TO REPORT LEAD, CHROMIUM & ZINC DUST PROCESSING ON TRI FORMS FOR YEARS 2005, 2006, 2007.03-2010-0307 SCHWEIGERT, JOAN 06/01/2010 CWA 309A AO For ComplianceFACILITY IS A LARGE CAFO THAT CONFINES 100,000 BROILER CHICKENS. CHICKEN LITTER WAS STORED OUTSIDE AND UNCOVERED FOR MORETHAN 15 DAYS. ACCORDING TO EPA POLICY, THIS CONSTITUES THE USE OF A LIQUID MANURE HANDLING AND THERFORE THE THRESHOLD FORBEING DEFINED AS A LARGE CAFO IS 30,000 BIRDS. FACILITY DISCHARGE AND PROPOSED TO DISCHARGE NITROGEN AND PHOSPHORUS FROMCHICKEN AND LITTER STOCKPILES. FACILITY IS BEING ORDERED TO CEASE AND DESIST DISCHARGING WITHOUT AN NPDES PERMIT.03-2010-0313 COMMONWEALTH LAMINATING

& CASTINGS, INC06/30/2010 EPCRA 325 Action For Penalty

FAILURE TO SUBMIT FORM R TIMELY.03-2010-0314 WEST PENN POWER CO D/B/A

ALLEGHENY POWER06/30/2010 TSCA 16 Action For Penalty





SummaryOn June , 2010 EPA Region III entered into a Consent Agreement and Final Order (CA/FO) with West Penn Power Company d.b.a Allegheny Power (AAlleghenyPower ), seeking a total penalty of $9,672.00 for violations of Sections 15 and 16 of the Toxic Substances Control Act ( TSCA ). Allegheny Power did not qualify forfull penalty mitigation under the Audit Policy because it did not meet Condition 1, Systematic Discovery and Condition 7, Repeat Violations. The CA/FO resolvesclaims arising from Allegheny s failure to prepare a manifest for commercial offsite storage and disposal of PCB waste for an overpack container (containing a PCB-contaminated transformer) which it shipped to G&S Technologies in Kearney, New Jersey on March 20, 2009, in violation of Sections 6(e) and 15 of TSCA, 15 U.S.C.§§ 2605 and 261403-2010-0317 DIVELY, MICHAEL 06/29/2010 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER ENTERED ITO BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION III ("EPA") AND MICHAELDIVELY ("RESPONDENT") WAS FILED WITH THE REGIONAL HEARING CLERK SETTLING ALLEGED VIOLATIONS OF THE FEDERAL INSECTICIDE,FUNGICIDE AND RODENTICIDE ACT, AS AMENDED ("FIFRA"). THE ALLEGED VIOLATIOSN, DISCOVERED AS A RESULT OF A MAY 2009 TIP, INVOLVEDTHE PRODUCTION OF UNREGISTERED PET FLEA CONTROL KITS AT AN UNREGISTERED ESTABLISHMENT AND OFFERING THEM FOR SALE ON EBAY.THIS ACTION SEEKS TO DETER PESTICIDE PRODUCTION AT UNREGISTERED ESTABLISHMENTS AND SALES OF UNREGISTERED PESTICIDES.ACCORDING TO THE CAFO, RESPONDENT IS ASSESED PENALTY FOR THE ALLEGED VIOLATIONS. 03-2010-0318 U S POSTAL SERVICE

SUBURBAN MARYLANDVEHICLE MAINTENANCE

07/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

FACILITY FAILED TO HAVE OVERFILL ON THEIR 2 DIESEL TANKS. BALLFLOATS WERE INSTALLED ON THE TANKS, BUT THESE WERE REMOVEED IN10/09, AND NEW OVERFILL WASN'T INSTALLED UNTIL 5/10. ALSO, FACILITY FAILED TO CONDUCT TANK RELEASE DETECTION ON TANK #9 (ONE OFTHEIR 12,000G DIESEL TANKS) FOR 4 MONTHS. A REVIEW OF RECORDS SHOWED THAT DURING THOSE MONTHS THE PROBE WAS OUT OF THETANK, AND THE FACILITY WAS NOT UTILIZING A BACKUP METHOD OF RELEASE DETECTION.03-2010-0319 EATON CORPORATION 07/20/2010 TSCA 16 Action For PenaltyON JULY 20, 2010, EPA REGION III ENTERED INTO A CONSENT AGREEMENT/FINAL ODER, TSCA 03-2010-0319, WITH EATON CORPORATION(RESPONDENT) FOR AN ALLEGED VIOLATION AT THE ELECTRICAL COMPONENTS FACILITY IN VANPORT TOWNSHIP, PENNSYLVANIA, AS A RESULT OFTHE ENFORCEMENT INITIATIVE KNOWN AS THE PCB CHALLENGE. THIS ENFORCEMENT ACTION ADDRESSES AND RESOLVES A VIOLATION FO TSCAAND OF THE REGULATIONS IMPLEMENTING TSCA SECTION 6(e), 15 U.S.C. SECTION 2605(e), AS SET FORTH IN 40 C.F.R. PART 761("POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS") REGARDING THEUNAUTHORIZED USE OF PCB TRANSFORMERS WHICH WERE NOT REGISTERED BY THE REGULATORY DEADLINE. RESPONDENT HAS REMOVED THEPCB TRANSFORMER AT ISSUE FROM ITS FACILITY, DISPOSED OF IT IN ACCORDANCE WITH 40 C.F.R. PART 761, AND WILL PAY A PENALTY OF$8,300.00 FOR THE UNAUTHORIZED USE VIOLATION.03-2010-0320 CARGILL MEAT SOLUTIONS






SummaryThe Regional Judicial Officer issued a Final Order on July 21, 2010, accepting the Consent Agreement to settle violations of EPCRA Section 304 in connection withthe release of 2,135 pounds of ammonia from Cargill Meat Solutions Corporation, a meat packing facility located at Route 706 and Brewer Creek Road in Wyalusing,Pennsylvania. Cargill failed to immediately notify the State Emergency Response Commission ( SERC ) following the release of ammonia from the facility on June 8,2007. Cargill also failed to provide follow-up reports to the SERC and the Local Emergency Planning Committee as soon as practicable following the release. 03-2010-0326 GENERAL DYNAMICS

ORDNANCE AND TACTICALSYSTEMS, INC


OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT, INTERIM STATUS OR VALID EXEMPTION TO THE PERMITING/INTERNSTATUS REQUIREMENTS; FAILURE TO MAKE HAZARDOUS WASTE DETERMINATIONS; FAILURE TO SUBMIT AN EXCEPTION REPORT WITHIN 45 DAYSOF DATE HAZARDOUS WASTE WAS ACCEPTED BY THE INITIAL TRANSPORTER WHEN THE FACILITY DID NOT RECEIVE A FULLY SIGNED COPY OF THEACCOMPANYING HAZARDOUS WASTE MANIFEST CONTAINING THE HANDWRITTEN SIGNATURE OF THE OWNER OR OPERATOR OF THE FACILITYDESIGNATED TO RECEIVE THE WASTE; STORING HAZARDOUS WASTE IN CONTAINERS THAT WERE NOT KEPT CLOSED DURING STORAGE, WHEN ITWAS NOT NECESSARY TO ADD OR REMOVE WASTE; FAILING TO PERFORM REQUIRED WEEKLY CONTAINER STORAGE AREA INSPECTIONS;OPERATING FACILITY IN A MANNER THAT FAILED TO MINIMIZE THE POSSIBILITY OF ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OFHAZARDOUS WASTE OR HAZARDOUS WASTE CONSTITUENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THEENVIRONMENT; STORING UNIVERSAL WASTE LAMPS AT THE FACILITY IN CONTAINERS THAT WERE NOT CLOSED; AND FAILING TO LABEL OR MAKRCONTAINERS OF UNIVERSAL WASTE LAMPS IN STORAGE AT THE FACILITY WITH ONE OF THE REQUIRED REGULATORY PHRASES.03-2010-0332 POCONO KOA/BOB MCGINNIS 07/06/2010 CWA 309A AO For ComplianceCAMPGROUND OWNER IMPACTED .15 ACRES OF WETLANDS IN ORDER TO STORE UNCONSOLIDATED MATERIALS SUCH AS STOONE, DIRT ANDMULCH FOR CAMPGROUND MAINTENANCE. THE ACTIVITIES IMPACTED A HQ FORESTED WETLAND STREAM COMPLEX FOR WHICH A PERMIT OFTHESE ACTIVITIES WOULD NOT HAVE BEEN AUTHORIZED BY THE USACE OR THE PADEP. THIS CASE WAS REFERRED TO OUR OFFICE THROUGHTHE US ARMY CORPS OF ENGINEERS AND THE SITE LOCATION IS IN OUR LEAD AREA.03-2010-0337 GERMANTOWN WEST

SUNOCO07/22/2010 RCRA 9006 AO For Comp And/Or Pen (UST)

FAILURE TO CONDUCT TANK RELEASE DETECTION.03-2010-0341 MEHADRIN KOSHER POULTRY,

LLC07/14/2010 CAA 113A Admin Compliance Order (Non-Penalty)

IN THE ORDER, EPA FINDS THAT DUPONT HAS FAILED TO, AMONG OTHER THINGS, DESIGN AND MAINTAIN A SAFE FACILITY IN ACCORDANCE WITHSECTION 112(r)(1 OF THE CAA, 42 U.S.C. SECTION 7412(r)(1). THE ORDER REQUIRES THAT DUPONT IMMEDIATELY COMPLY WITH ALL THEREQUIREMENTS OF SECTION 112(r)(1) OF THE CAA, 42 U.S.C. SECTION 7412(r)(1).03-2010-0369 ONOFFREY, JODY 08/04/2010 CWA 309A AO For ComplianceLANDOWNER IMPACTED .25 ACRES OF WETLANDS IN AN ATTEMPT TO INCREASE THEIR FAST LAND AND EXPAND THEIR BACKYARD. THIS CASE WASIN EPA'S LEAD AREA.





Summary03-2010-6000 URSINUS COLLEGE 10/16/2009 RCRA 3008A AO For Comp And/Or PenaltyON OCTOBER 16, 2009, EPA ISSUED A NOTICE OF DETERMINATION BASED ON SELF-DISCLOSURES PROVIDED BY URSINUS COLLEGE PURSUANT TOTHE AGREEMENT BETWEEN THE ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES OF PENNSYLVANIA ("AICUP"0 AND EPA DATEDMARCH 24, 2004, REGARDING VIOLATIONS OF RCRA, TSCA, AND THE CWA AT URSINUS COLLEGE LOCATED IN COLLEGEVILLE, PENNSYLVANIA. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THE VIOLATIONS WOULD BE $185,963. SINCE URSINUS COLLEGE SATISFIED ALL OF THECONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND THE AMOUNT OF ECONOMIC BENEFIT GAINED WAS INSIGNIFICANT, EPA WAIVED THEGRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.03-2010-6001 CHAPARRAL (VIRGINIA) INC 11/10/2009 CWA 311B6B1 AO For Class I PenaltyON NOVEMBER 10, 2009, EPA ISSUED A NOTICE OF DETERMINATION BASED ON SELF-DISCLOSURES PROVIDED BY CHAPARRAL (VIRGINIA) INC(CHAPRRAL), REGARDING A VIOLATION OF SECTION 311 OF THE CLEAN WATER ACT AT CHAPARRAL'S FACILITY LOCATED AT 25801 HOFHEIMER WAY,PETERSBURG, VIRGINIA 23803. CHAPARRAL DISCLOSED THAT IT HAD VIOLATED SECTION 311(J) OF THE CWA BY FAILING TO DEVELOP A SPILL PREVENTION, CONTROL ANDCOUNTERMEASURE PLAN (SPCC), AS REQUIRED BY 40 C.F.R. SECTION 112.3. THE TOTAL-GRAVITY BASED CIVIL PENALTY FOR THE VIOLATION WOULD BE $18,091.50. SINCE CHAPARRAL SATISFIED ALL OF THE CONDITIONS OFEPA'S SELF-DISCLOSURE POLICY AND THE AMOUNT OF ECONOMIC BENEFIT GAINED WAS INSIGNIFICANT, EPA WAIVED THE GRAVITY-BASED CIVILPENALTY FOR THE DISCLOSED VIOLATIONS.03-2010-6003 ATLAS COPCO NORTH

AMERICA, INC12/22/2009 CWA 311B6B1 AO For Class I Penalty

On December 22, 2009, EPA issued a Notice of Determination based on a self-disclosure provided by Atlas Copco North America LLC (Atlas), regarding a violation ofSection 311 of the Clean Water Act at its facility located in Fort Loudon, Pennsylvania. Atlas disclosed that it had violated Section 311(j) of the CWA by failing to develop a Spill Prevention, Control and Countermeasure Plan (SPCC), as required by 40C.F.R. § 112.3. The total gravity-based civil penalty for the violation would be $13,148.30. Since Atlas satisfied all of the conditions of EPA s Self-Disclosure Policy and the amount ofeconomic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations. 03-2010-6004 PHILADELPHIA SCHOOL

DISTRICT (30)01/04/2010 TSCA 207 AO For Asbestos/Schools (LEA)





SummaryOn January 4, 2010, EPA issued a Notice of Determination (NOD) based on a self-disclosure provided by the School District of Philadelphia (School District) pursuantto the Self-Audit Agreement between the School District and EPA dated March 9, 2007 (and amended on January 22, 2008). The self-disclosure, which concernedthe several schools within the School District, revealed violations of the Toxic Substances Control Act (TSCA), Subchapter II, known as the Asbestos HazardEmergency Response Act (AHERA). The total gravity-based civil penalty for the violations would be $195,000. Since the School District satisfied all of the conditions of EPA s Self-Disclosure Policy andthe amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations. 03-2010-6005 HIGH CONCRETE GROUP, LLC 06/29/2010 EPCRA 325 Action For PenaltyEPA Region III Issues Notice of Determination Following Self-Disclosure by, High Concrete Group, LLC and Waiving $290,866 in EPCRA Penalties. [Docket No.EPCRA-03-2010-6005] On June 29, EPA issued a Notice of Determination ( NOD ) pursuant to the "Final Policy Statement on Incentives for Self-Policing Discovery,Disclosure, Correction, and Prevention of Violation," 65 FR 19618 (April 11, 2000). The NOD is based on a self-disclosure provided High Concrete Group, LLC("HCG") for violations of Section 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. § 11023, and its implementing regulationsat 40 C.F.R. Part 372. The HCG Facility is located at 125 Denver Road, Denver, Pennsylvania 17517( Facility ). In an Electronic Disclosure, dated November 4,2010, HCG disclosed that the Facility had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R) for lead for reporting years 2005 and2006 and for lead and styrene for reporting year 2007, as required by Section 313 of EPCRA. The total gravity-based civil penalty for these violations, calculated inaccordance with EPA penalty policies, would be $290,866.00. However, HCG satisfied all of the conditions of EPA s Self-Disclosure Policy, and the amount ofeconomic benefit gained was insignificant; therefore, EPA waived the gravity-based civil penalty for the disclosed violations.03-2010-6007 KINGS COLLEGE 12/22/2009 CAA 113A Admin Compliance Order (Non-Penalty)EPA ISSUED A NOTICE OF DETERMINATION BASED ON SELF-DISCLOSURES PROVIDED BY KIN'S COLLEGE PURSUANT TO THE AGREEMENT BETWEENTHE ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES OF PENNSYLVANIA ("AICUP") AND EPA DATED MARCH 24, 2004, REGARDINGVIOLATIONS OF RCRA, TSCA, EPCRA, CAA AND THE CWA AT KING'S COLLEGE LOCATED IN WILKES-BARNES, PENNSYLVANIA. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THE VIOLATIOSN WOULD BE $115,614. SINCE KING'S COLLEGE SATISFIED ALL OF THE CONDITIONSOF EPA'S SELF-DISCLOSURE POLICY AND THE AMOUNT OF ECONOMIC BENEFIT GAINED WAS INSIGNIFICANT, EPA WAIVED THE GRAVITY-BASEDCIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.03-2010-6008 DICKINSON COLLEGE 12/22/2009 RCRA 3008A AO For Comp And/Or PenaltyOn December 22, 2009, EPA issued a Notice of Determination based on self-disclosures Dickinson College provided pursuant to the Agreement between theAssociation of Independent Colleges and Universities of Pennsylvania ( AICUP ) and EPA dated March 24, 2004, regarding violations of the Clean Water Act and theResource Conservation and Recovery Act at Dickinson College located in Carlisle, Pennsylvania. The total gravity-based civil penalty for the violations would be $19,986. Since Dickinson College satisfied all of the conditions of EPA s Self-Disclosure Policy and theamount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations.03-2010-6009 CHEMTURA CORPORATION 12/28/2009 EPCRA 325 Action For PenaltyFAILURE TO FILL OUT TRI FORMS REQUIRED UNDER EPCRA 313.





Summary03-2010-6010 INDUSTRIAL SCIENTIFIC


EPCRA SECTION 313 NONREPORTER OF LEAD FOR 2006 AND 2007.03-2010-6011 TUCKER INDUSTRIAL LIQUID

COATINGS, INC03/22/2010 EPCRA 325 Action For Penalty

FAILURE TO FILL OUT TRI FORMS R REQUIRED UNDER EPCRA 313.03-2010-6012 SCHOOL DISTRICT OF

PHILADELPHIA (GEORGEWASHINGTON)


THIS IS A SELF DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPAREGION III. ALL VIOLATIONS DISCLOSED PERTAINED TO THE RCRA WASTE PROGRAM AND THE CLEAN AIR ACT PERMITTING PROGRAM.03-2010-6013 SCHOOL DISTRICT OF

PHILADELPHIA (SIMON GRATZ)12/21/2009 RCRA 3008A AO For Comp And/Or Penalty

THIS IS A SELF DISCLOSURE SUBMITED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPA REGIONIII. ALL VIOLATIONS DISCLOSED PERTAINED TO THE RCRA UNIVERSAL WASTE PROGRAM, THE RCRA HAZARDOUS WASTE PROGRAM, THE SPCCPROGRAM, AND THE AIR PERMITTING PROGRAM.03-2010-6014 U S PENITENTIARY-CANAAN 12/22/2009 CAA 113A Admin Compliance Order (Non-Penalty)NOD ISSUED03-2010-6015 FEDERAL DETENTION CENTER

PHILADELPHIA12/22/2009 CAA 113A Admin Compliance Order (Non-Penalty)

NOD ISSUED.03-2010-6017 ADD B. ANDERSON

ELEMENTARY SCHOOL03/17/2010 RCRA 3008A AO For Comp And/Or Penalty

THIS IS A SELF DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-DISCLOSURE AUDIT AGREEMENTWITH EPA REGION III. ALL VIOLATIONS DISCLOSED PERTAINED TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-6018 SCHOOL DISTRICT OF

PHILADELPHIA (ALEXANDER)06/22/2010 RCRA 3008A AO For Comp And/Or Penalty

THIS IS A SELF DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPAREGION III. THE VIOLATIONS DISCLOSED PERTAINEED PRIMARILY TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-6019 MARTHA WASHINGTON

ACADEMICS PLUS SCHOOL03/17/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryTHIS IS A SELF-DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT IWTH EPAREGION III. ALL VIOLATIONS DISCLOSED PERTAINED TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-6020 SCHOOL DISTRICT OF

PHILADELPHIA (CLYMERELEMENTARY SCHOOL)


THIS IS A SELF-DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPAREGION III. THE VIOLATIONS DISCLOSED PERTAINED TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-6021 A. JACKSON ELEMENTARY

SCHOOL03/17/2010 RCRA 3008A AO For Comp And/Or Penalty

THIS IS A SELF DISCLOSURE SUBMITED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPA REGIONIII. ALL VIOLATIONS DISCLOSED PERTAINED TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-6022 SCHOOL DISRICT OF

PHILADELPHIA (FREDERICKDOUGLASS ELEMENTARYSCHOOL)


THIS IS A SELF DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPAREGION III. THE VIOLATIONS DISCLOSED PERTAINED TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-6023 PRION MANUFACTURING 02/24/2010 EPCRA 325 Action For Penalty On February 24, 2010, EPA issued a Notice of Determination ( NOD ) pursuant to the Small Business Compliance Policy, 65 FR 19630 (April 11, 2000) (the SmallBusiness Policy ). The NOD is based on a self-disclosure provided by Prion Manufacturing ( Prion ) for violations of Section 313 of the Emergency Planning andCommunity Right-to-Know Act ( EPCRA ), 42 U.S.C. § 11023, and its implementing regulations at 40 C.F.R. Part 372. The Prion Facility is located at One Prion Drive,Oakdale, PA 15071 ( Facility ). In a letter to EPA dated October 6, 2009, Prion disclosed that the Facility had failed to submit Toxic Chemical Release InventoryForms (Forms A and/or Forms R ) for lead and copper for the reporting years 2005 through 2007, as required by Section 313 of EPCRA. The total gravity-based civilpenalty for these violations, calculated in accordance with EPA penalty policies, would be $56,711. However, Prion satisfied all of the conditions of EPA s SmallBusiness Policy and the amount of economic benefit gained was insignificant; therefore, EPA waived the gravity-based civil penalty for the disclosed violations. 03-2010-6026 SETON HILL UNIVERSITY 02/03/2010 RCRA 3008A AO For Comp And/Or PenaltyOn February 3, 2010, EPA issued a Notice of Determination based on self-disclosures provided by Seton Hill University pursuant to the Agreement between theAssociation of Independent Colleges and Universities of Pennsylvania ( AICUP ) and EPA dated March 24, 2004, regarding violations of the CAA, CWA and RCRA atSeton Hill University located in Greensburg, Pennsylvania. The total gravity-based civil penalty for the violations would be $60, 366. Since Seton Hill Universitysatisfied all of the conditions of EPA s Self-Disclosure Policy and the amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penaltyfor the disclosed violations.03-2010-6027 GENEVA COLLEGE 03/16/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryOn March 16, 2010, EPA issued a Notice of Determination based on self-disclosures provided by Geneva College pursuant to the Agreement between the Associationof Independent Colleges and Universities of Pennsylvania ( AICUP ) and EPA dated March 24, 2004, regarding violations of the CAA, CWA, TSCA, and RCRA atGeneva College located in Beaver Falls, Pennsylvania. The total gravity-based civil penalty for the violations would be $113,605.00. Since Geneva College satisfiedall of the conditions of EPA s Self-Disclosure Policy and the amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for thedisclosed violations.03-2010-6028 ALBRIGHT COLLEGE 02/05/2010 RCRA 3008A AO For Comp And/Or PenaltyOn February 5, 2010, EPA issued a Notice of Determination based on self-disclosures provided by Albright College pursuant to the Agreement between theAssociation of Independent Colleges and Universities of Pennsylvania ( AICUP ) and EPA dated March 24, 2004, regarding violations of the CWA, EPCRA, and RCRAat Albright College located in Reading, Pennsylvania. The total gravity-based civil penalty for the violations would be $137,498. Since Albright College satisfied all of the conditions of EPA s Self-Disclosure Policy and theamount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations. 03-2010-6029 SCHOOL DISTRICT OF

PHILADELPHIA (34)03/10/2010 TSCA 207 AO For Asbestos/Schools (LEA)

FAILED TO CONDUCT PERIODIC SURVEILLANCE; REINSPECTIONS; NOTIFICATIONS AT THE 34 SCHOOLS.03-2010-6030 VIRGINIA TRANSFORMER


On March 26, 2009 EPA issued a Notice of Determination based on a self-disclosure provided by Virginia Transformer Corporation for a violation of Section 313 ofEPCRA and its implementing regulations at 40 C.F.R. Part 372. The potential violation occurred at Virginia Transformer s Facility, which is located on 220 Glade ViewDrive NE, Roanoke, Virginia 24013. In a letter to EPA dated January 12, 2010 and in subsequent responses to EPA inquiries, Virginia Transformer disclosed that theFacility had failed to submit a Toxic Chemical Release Inventory Form (Form R) for xylene for reporting year 2008, as required by Section 313 of EPCRA. The totalgravity-based civil penalty for these violations, calculated in accordance with EPA penalty policy, would be $16,909.00. However, Virginia Transformer satisfied all ofthe conditions of EPA s Self-Disclosure Policy and the amount of economic benefit gained was insignificant; therefore, EPA waived the civil penalty for the disclosedviolation.03-2010-6038 PHILADELPHIA BIBLICAL

UNIVERSITY03/26/2010 RCRA 3008A AO For Comp And/Or Penalty

ON MARCH 26, 2010, EPA ISSUED A NOTICE OF DETERMINATION BASED ON SELF-DISCLOSURED PROVIDED BY PHILADELPHIA BIBLICAL UNIVERSITYPURSUANT TO THE AGREEMENT BETWEEN THE ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES OF PENNSYLVANIA ("AICUP") ANDEPA DATED MARCH 24, 2004, REGARDING VIOALTIOSN OF THE CWA, EPCRA, AND RCRA AT PHILADELPHIA BIBLICAL UNVERSITY LOCATED INLANGHORNED, PENNSYLVANIA. THTE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THE VIOLATIONS WOULD BE $77,527. SINCE PHILADELPHIA BIBLICAL UNVERSITY SATISFIED ALLOF THE CONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND THE AMOUNT OF ECONOMIC BENEFIT WAS INSIGNIFICANT, EPA WAIVED THEGRAVITY-BASED CIVIL PENATLY FOR THE DISCLOSED VIOLATIONS.





Summary03-2010-6039 VILLANOVA UNIVERSITY 03/10/2010 RCRA 3008A AO For Comp And/Or PenaltyON MARCH 10, 2010, EPA ISSUED A NOTICE OF DETERMINATION BASED ON SELF-DISCLOSERS PROVIDED VILLANOVA UNIVERSITY PURSUANT TOTHE AGREEMENT BETWEEN THE ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES OF PENNSYLVANIA ("AICUP") AND EPA DATEDMARCH 24, 2004, REGARDING VIOLATIONS OF THE CWA, EPCRA, AND RCRA AT VILLANOVA UNIVERSITY LOCATED IN VILLANOVA, PENNSYLVANIA. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THE VIOLATIONS WOULD BE $104,418. SINCE VILLANOVA UNIVERSITY SATISFIE DALL OF THECONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND THE AMOUNT OF ECONOMIC GAINED WAS INSIGNIFICANT, EPA WAIVED THE GRAVITY-BASEDCIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.03-2010-6040 FEDERAL BUREAU OF

PRISONS - CUMBERLAND03/19/2010 CAA 113A Admin Compliance Order (Non-Penalty)

THIS IS A SELF DISCLOSURE SUBMITTED BY THE FEDERAL BUREAU OF PRISONS PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPA REGION III.THE VIOLATIONS DISCLOSED PERTAINED TO THE CLEAN AIR ACT PERMIT VIOLATIONS, THE RCRA HAZARDOUS WASTE PROGRAM, AND THE CLEANWATER ACT SPCC PROGRAM.03-2010-6041 U S DEPARTMENT OF JUSTICE,

FEDERAL BUREAU OFPRISONS


THIS IS A SELF DISCLOSURE BY THE FEDERAL BUREAU OF PRISONS PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPA REGION III. THEVIOLATIONS DISCLOSED PERTAINED TO THE CLEAN AIR ACT PERMIT AND CFC VIOLATIONS, THE RCRA UNIVERSAL WASTE PROGRAM, AND THECLEAN WATER ACT SPCC PROGRAM.03-2010-6042 NEO INDUSTRIES (WEIRTON) 04/13/2010 EPCRA 325 Action For PenaltyFACILITY FAILED TO REPORT LEAD, THEY DISCLOSED VIOLATIONS UNDER SELF-DISCLOSURE POLICY.03-2010-6043 NATIONAL RAILROAD

PASSENGER CORPORATION03/31/2010 CAA 113A Admin Compliance Order (Non-Penalty)





SummaryOn March 31, 2010, EPA issued a combined Notice of Determination ( NOD ) and Notice of Noncompliance ( NON ) to resolve violations of the CAA which were self-disclosed by National Railroad Passenger Corporation ( Amtrak ) concerning its facility located in Wilmington, Delaware ( Facility ). Amtrak disclosed that it violatedthe Terms and Conditions of its CAA Title V Operating Permit for the Facility by failing to conduct and document training of employees on the operational standards ofcold solvent degreaser units, and failing to conduct and document monthly cold solvent degreaser unit inspections. According to Section II.D.2 of the Self-Disclosure Policy, violations must have been discovered voluntarily and not through a legally mandated monitoring, sampling orauditing requirement. The regulations implementing the CAA Title V permit program, 40 C.F.R. Section 70.5, establish a legal duty for permit holders to analyzecomprehensively the source s compliance status and certify annually as to CAA compliance. Because Amtrak is a Title V source subject to the annual compliancecertification obligations, Amtrak did not satisfy the condition set forth in Section II.D.2 of the Self-Disclosure Policy. However, EPA determined that an NON rather thana penalty action was the appropriate enforcement response given the circumstances of the violation. 03-2010-6044 HIGH STEEL STRUCTURES,


On June 30, 2010, EPA issued a Notice of Determination ( NOD ) pursuant to the "Final Policy Statement on Incentives for Self-Policing Discovery, Disclosure,Correction, and Prevention of Violation," 65 FR 19618 (April 11, 2000). The NOD is based on a self-disclosure provided by High Steel Structures, Inc. ("HSS") forviolations of Section 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. § 11023, and its implementing regulations at 40 C.F.R.Part 372. The HSS Facility is located at 3501 W. Fourth Street, Williamsport, Pennsylvania 17701 ( Facility ). In an Electronic Disclosure, dated July 9, 2009, HSSdisclosed that the Facility had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R) for lead, chromium, and zinc for reporting years2005 and 2007, and for lead, chromium, zinc, and toluene for reporting year 2006, as required by Section 313 of EPCRA. The total gravity-based civil penalty forthese violations, calculated in accordance with EPA penalty policies, would be $227,717. However, HSS satisfied all of the conditions of EPA s Self-Disclosure Policy,and the amount of economic benefit gained was insignificant; therefore, EPA waived the civil penalty for the disclosed violations.03-2010-6045 SCHOOL DISTRICT OF

PHILADELPHIA (LAURA W.WARING)


THIS IS A SELF DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPAREGION III. THE VIOLATIONS DISCLOSED PERTAINED PRIMARILY TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-6046 BALDWIN HARDWARE






SummaryOn December 8, 2009 EPA issued a Notice of Determination ( NOD ), EPCRA-03-2009-6046, pursuant to the Final Policy Statement on Incentives for Self-Policing:Discovery, Disclosure, Correction, and Prevention of Violations, 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on a self-disclosure provided by BaldwinHardware Corporation ( Baldwin ) for violations of Section 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. §11023, and itsimplementing regulations at 40 C.F.R. Part 372. The potential violations occurred at Baldwin s Facility, which is located on 841 East Wyomissing Boulevard, Reading,Pennsylvania 19611( Facility ). In a letter to EPA dated May 7, 2009 and in subsequent responses to EPA inquiries, Baldwin disclosed that the Facility had submittedincorrect Toxic Chemical Release Inventory Forms (Forms A and/or Forms R ) for copper, lead, nickel compounds, and trichloethylene for reporting years 2006through 2008, as required by Section 313 of EPCRA. The total gravity-based civil penalty for these violations, calculated in accordance with EPA penalty policy, wouldbe $290,866.00. However, Baldwin satisfied all of the conditions of EPA s Self-Disclosure Policy and the amount of economic benefit gained was insignificant;therefore, EPA waived the civil penalty for the disclosed violations.03-2010-6047 NEUMANN UNIVERSITY 06/25/2010 RCRA 3008A AO For Comp And/Or PenaltyOn June 25, 2010, EPA issued a Notice of Determination based on self-disclosures provided by Neumann University pursuant to the Agreement between theAssociation of Independent Colleges and Universities of Pennsylvania ( AICUP ) and EPA dated March 24, 2004, regarding violations of the CWA, EPCRA, RCRA,CAA, and TSCA at Neumann University located in Aston, Pennsylvania. The total gravity-based civil penalty for the violations would be $194,794. Since Neumann University satisfied all of the conditions of EPA s Self-Disclosure Policy andthe amount of economic benefit gained was insignificant, EPA waived the civil penalty for the disclosed violations. 03-2010-6048 WESTMINSTER COLLEGE 06/25/2010 RCRA 3008A AO For Comp And/Or PenaltyOn June 25, 2010, EPA issued a Notice of Determination based on self-disclosures provided by Westminster College pursuant to the Agreement between theAssociation of Independent Colleges and Universities of Pennsylvania ( AICUP ) and EPA dated March 24, 2004, regarding violations of the CAA, CWA and RCRA atWestminster College located in New Wilmington, Pennsylvania. The total gravity-based civil penalty for the violations would be $57,344. Since Westminster College satisfied all of the conditions of EPA s Self-Disclosure Policy andthe amount of economic benefit gained was insignificant, EPA waived the civil penalty for the disclosed violations. 03-2010-6049 FMC CORPORATION 06/29/2010 FIFRA 14A Action For PenaltyOn June 29, 2010, 2010 EPA Region III issued a Notice of Determination/Notice of Non Compliance to FMC Corporation for violations of the Federal InsecticideFungicide and Rodenticide Act. FMC disclosed the violations to EPA in a letter dated May 20, 2009 pursuant to the Incentives for Self-Policing Discovery, Disclosure,Correction and Prevention of Violations Notice, 65 Fed. Reg. 19618 (April 11, 2000) ( Self-Disclosure Policy ). FMC Corporation failed to properly label two productswith their respective EPA registration numbers, as required by the regulations set forth at 40 C.F.R. § 156.10. FMC not qualify for full penalty mitigation under the Self-Disclosure Policy because it did not meet Condition 1, Systematic Discovery, since it did not discover the violations through an audit or a Compliance ManagementSystem. EPA considered the nature of the violations; the company s intent to fix the violations; the products status as active EPA registered products and FMC scompliance history, and at this time, EPA is issuing this Notice of Determination/Notice of Noncompliance to FMC for the violations instead of assessing a civil penalty.03-2010-6050 WILSON COLLEGE 06/23/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryOn June 23, 2010, EPA issued a Notice of Determination based on self-disclosures provided by Wilson College pursuant to the Agreement between the Association ofIndependent Colleges and Universities of Pennsylvania ( AICUP ) and EPA dated March 24, 2004, regarding violations of the CAA, TSCA, RCRA, CWA and EPCRAat Wilson College located in Chambersburg, Pennsylvania. The total gravity-based civil penalty for the violations would be $173,652.00. Since Wilson College satisfied all of the conditions of EPA s Self-Disclosure Policy andthe amount of economic benefit gained was insignificant, EPA waived the civil penalty for the disclosed violations. 03-2010-6051 KYANITE MINING 06/30/2010 EPCRA 325 Action For PenaltyOn June 30, 2010, EPA issued a Notice of Determination (NOD) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure,Correction, and Prevention of Violations, 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on a self-disclosure provided by Kyanite Mining Corporation,(Kyanite) for violations of Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) 42 U.S.C. 11023, and its implementing regulations at40 C.F.R. Part 372. The Kyanite Facility is located at 18737 James Madison Highway, Dillwyn, VA 23936. In a letter to EPA dated October 16, 2009, Kyanitedisclosed that it had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R) for PACs and benzo(g,h,i)perylene for the reporting years2006 through 2008, as required by Section 313 of EPCRA. The total gravity-based civil penalty for these violations, calculated in accordance with EPA penalty policy,would be $110,299. However, Kyanite satisfied all of the conditions of EPAs Self-Disclosure Policy and the amount of economic benefit gained was insignificant;therefore, EPA waived the civil penalty for the disclosed violations.03-2010-6059 SCHOOL DISTRICT OF

PHILADELPHIA (GUION S.BLUFORD)


THIS IS A SELF DISCLOSURE SUBMITTED BY THE SCHOOL DISTRICT OF PHILADELPHIA PURSUANT TO THE SELF-AUDIT AGREEMENT WITH EPAREGION III. THE VIOLATIONS DISCLOSED PERTAINED PRIMARILY TO THE RCRA UNIVERSAL WASTE PROGRAM.03-2010-7001 JAY CEE CLEANERS, INC 01/20/2010 Access OrderEPA SEEKS COMMENCEMENT OF AN ACTION TO SECURE AN ADMINISTRATIVE WARRANT AUTHORIZING ENTRY TO 161613 LANKFORD HIGHWAY,NELSONIA, ACCOMACK COUNTY, VIRGINIA (PROPERTY) TO PERFORM A CERCLA SECTION 104(A) REMOVAL RESPONSE ACTION SELECTED IN ANACTION MEMORANDUM ON SEPTEMBER 25, 2009. THE SITE IS CURRENTLY OWNED BY JAY CEE CLEANERS, INC (JCC). THE COMMONWEALTH OFVIRGINIA TERMINATED JCC'S CORPORATE STATUS IS 2003. UNDER VIRGINIA LAW, THE DIRECTORS OF A CORPORATION SO TERMINATED HOLD THECORPORATIONS' PROPERTY IN TRUST. JOHN L. DARBY IS THE LAST KNOWN DIRECTOR OF JCC. WITH MR. DARBY'S CONSENT, EPA COLLECTEDSAMPLES FROM THE PROPERTY AND FOUND SIGNIFICANT CONCENTRATIONS OF VOLATILE ORGANIC CONTAMINANTS IN SOILS AT THE PROPERTYAND IN GROUNDWATER AT THE PROPERTY ABOVE MCLS. IN ADDITION, EPA FOUND TRACE AMOUNTS OF A VOC IN A NEARBY WELL. IN DECEMBER2008, EPA DETERMINED THAT THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE SITE MAY PRESENT AN IMMINENTAND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT. ON SEPTEMBER 25, 2009, EPA SELECTED AREMOVAL RESPONSE ACTION CONSISTING OF, AMONG OTHER THINGS, THE IDENTIFICATION AND REMOVAL OF SOILS CONTAMINATED WITHCERTAIN VOCS ABOVE SPECIFIED CONCENTRATIONS, OFF-SITE DISPOSAL OF REMOVED SOILS, AND POST-EXCAVATION SAMPLING. MR. DARBYHAS NOT RESPONDED TO EPA'S REQUESTS FOR CONSENT TO ENTER TO PERFORM THE SELECTED REMOVAL ACTION.03-2010-7004 RUBBERCRAFTERS SITE 07/28/2010 Access Order





SummaryACTION FOR WARRANT AUTHORIZING ENTRY TO A PORTION OF THE RUBBERCRAFTERS SITE FOR THE PURPOSE OF CNDUCTING INSPECTION ANDSAMPLING ACTIVITIES TO DETERMINE WHETHER A SUPERFUND RESPONSES IS NEEDED. EPA'S ATTEMPTS TO GAIN CONSENT TO ENTRY FROM THEOWNER FOR THESE PURPOSES HAVE BEEN UNSUCCESSFUL.MD-ACO-10-1075

CITY OF BOWIE WWTP 03/09/2010 State Administrative Order of Consent

MD-AP-10-1045 HEBRON WWTP 12/29/2009 State CWA Penalty AO

MD-CJ-10-0104 TEABOW FARM 10/20/2009 Civil Judicial Action

MD-CJ-10-1095 SALISBURY WWTP 02/03/2010 State Administrative Order of Consent

MD-CO-10-0998 TYLERTON WWTP 11/23/2009 State Administrative Order of Consent

MD-PS-10-0967 CECILTON WWTP 11/05/2009 State CWA Penalty AO

MD-PS-10-0968 TALBOT COUNTY REGION VWWTP


MD-PS-10-0983 WINEBRENNER WWTP 10/15/2009 State CWA Penalty AO

MD-PS-10-0988 FAIRMOUNT WWTP 10/28/2009 State CWA Penalty AO

MD-PS-10-0992 TALBOT CO DPW 11/12/2009 State CWA Penalty AO

MD-PS-10-0994 WORCESTER CO DPW 11/05/2009 State CWA Penalty AO

MD-PS-10-0997 CITY OF CAMBRIDGE 11/05/2009 State CWA Penalty AO





SummaryMD-PS-10-1001 HAMPSTEAD WWTP 11/19/2009 State CWA Penalty AO

MD-PS-10-1005 C.P. CRANE 11/05/2009 State CWA Penalty AO

MD-PS-10-1025 ST. MICHAEL'S WWTP 11/17/2009 State CWA Penalty AO

MD-PS-10-1026 CENTREVILLE WWTP 12/01/2009 State CWA Penalty AO

MD-PS-10-1027 CENTREVILLE WWTP 11/19/2009 State CWA Penalty AO

MD-PS-10-1047 SPRING MEADOWS WWTP 12/09/2009 State CWA Penalty AO

MD-PS-10-1076 SEVERSTAL SPARROWSPOINT, LLC


PENALTY SETTLEMENT FOR UNAUTHORIZED DISCHARGE ON 11/30/2009.MD-PS-10-1127 MILLINGTON WWTP 03/23/2010 State CWA Penalty AO

MD-SP-10-1102 MAPLE HILL MOBILE HOMEPARK


STIPULATED PENALTY FOR THREE VIOLATIONS OF THE PERMIT EFFLUENT LIMITATIONS FOR DISSOLVED OXYGEN (D.O.) DAILY MINIMUM AND FECALCOLIFORM MONTHLY LOG MEAN.MD-SP-10-1126 BENJAMIN'S TRAILER PARK 04/08/2010 State CWA Penalty AO

PA-00008869_04262010

CONSENT ASSESSMENT OFCIVIL PENALTY


PA-0001902_10162009

CONSENT ORDER ANDAGREEMENT






SummaryPA-0002437_03152010


03/15/2010 State CWA Non Penalty AO

PA-0005037_10012009



PA-0010430_10202009



PA-0013820_02192010



PA-0020141_06112010



PA-0021571_12212009



PA-0024091_12162009



PA-0024571_06172010



PA-0026743_12212009



PA-0027464_03082010







SummaryPA-0027511_05252010



PA-0028461_10132009



PA-0028665_02112010



PA-0029122_02162010



PA-0030643_10142009



PA-0061590_02192010



PA-0062201_03042010



PA-0247464_02232010






Summary





Summary04-1991-9900 U.S. MARINE CORPS BASE

CAMP LEJEUNE (FF)11/16/2009 CERCLA 120E Federal Facility Agreement (FFA)

2/13/91 - FEDERAL FACILITY AGREEMENT. US EPA REGION 4, NCDENR, AND US NAVY. IN THE MATTER OF THE U.S. DEPARTMENT OF NAVY'S MARINECORPS BASE (MCB, CAMP LEJEUNE AND MARINE CORPS AIR STATION, NEW RIVER, NORTH CAROLINA). APPROXIMATELY 22 OPERABLE UNITS WILLBE ADDRESSED ON A SCHEDULE ENFORCEABLE UNDER THE FFA. 04-1991-9900 U.S. MARINE CORPS BASE

CAMP LEJEUNE (FF)12/01/2009 CERCLA 120E Federal Facility Agreement (FFA)

2/13/91 - FEDERAL FACILITY AGREEMENT. US EPA REGION 4, NCDENR, AND US NAVY. IN THE MATTER OF THE U.S. DEPARTMENT OF NAVY'S MARINECORPS BASE (MCB, CAMP LEJEUNE AND MARINE CORPS AIR STATION, NEW RIVER, NORTH CAROLINA). APPROXIMATELY 22 OPERABLE UNITS WILLBE ADDRESSED ON A SCHEDULE ENFORCEABLE UNDER THE FFA. 04-1997-0094 STAUFFER CHEMICAL (TAMPA,

FL)04/28/2010 Pre-Referral Negotiation

SEE ALSO PREVIOUS MATTER NUMBER 04-93-0823 (ARCHIVED.) REGION 4 PROPOSES TO ENTER INTO A CD PURSUANT TO SECTION 106 AND 107OF CERCLA WITH ATKEMIX THIRTY-SEVEN, INC FOR PERFORMANCE AND FUNDING OFRESPONSE ACTIONS AS DESIGNATED IN THE ROD ISSUED 12/1/95 FOR THE STAUFFER CHEMICAL SUPERFUND SITEIN TAMPA, FL. UNDER THE CD ATKEMIX ALSO COMMITS TO REIMBURSE THE U.S. FOR PAST RESPONSE COSTS ANDFUTURE RESPONSE COSTS. STAUFFER MANAGEMENT CO. CONTRACTUALLY ASSUMEDRESPONSIBILITY FOR REMEDIATION OF THE SITE. ATKEMIX IS THE SETTLING DEFENDANT AND ISWHOLLY-OWNED SUBSIDIARY OF STAUFFER MANAGEMENT CO. THE REQUEST IS FOR THE FILING OF A COMPLAINT AND THE LODGING OF THECD FOR ENTRY IN THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION. THE SITE IS AN INACTIVE PESTICIDEMANUFACTURING AND DISTRIBUTION FACILITY; SPECIAL FACTS -- THE SELECTED REMEDY OFBIOREMEDIATION IS AN INNOVATIVE TREATMENT TECHNOLOGY AND SETTLING DEFENDANT MAY IN THE FUTUREMARKET TEST TO OTHER PRPS AT THE OTHER SITE CLEANUPS. 04-1999-0162 ALABAMA PLATING COMPANY 12/30/2009 Civil Judicial ActionThis referral requests access and past and future costs. On December 30, 2009, a consent decree (CD) resolving the cost recovery action the Department of Justice filed against three defendants associated with theAlabama Plating Company Superfund Site was filed in the U.S. District Court, Northern District of Alabama. The CD is a part of a global settlement involving the U.S.,the cost recovery defendants, their insurance companies, and private attorneys representing the cost recovery defendants in their suit against the insurancecompanies which has continued for over 15 years. The defendants, who have no other assets, have agreed to turn over their share of an insurance settlement to theU.S. in exchange for resolution of the cost recovery case against them. Pursuant to the CD, the U.S. will receive $720,000. 04-2002-9009 CORBETT PACKAGE CO. 12/22/2009 Civil Judicial Action





Summary This case primarily involves violations of the Clean Water Act Section 402 NPDES storm water permitting requirement for discharges associated with constructionactivity, but also includes some violations of the Clean Water Act Section 404 permitting requirement for discharges of dredged and/or fill material. The violationsoccurred at a large tract in New Hanover County, North Carolina, where the defendants constructed an extensive ditch network in wetlands. The ditch constructioninvolved land disturbance of more than five acres and therefore was subject to the NPDES permitting requirement for stormwater associated with construction activity.The defendants failed to obtain the necessary permit and sediment was discharged into and through the ditch network, in jurisdictional wetlands and into tributaries ofIsland Creek. In addition, some discharges of dredged and/or fill material were made into wetlands at the Site in connection with ditch construction. The ConsentDecree (1) requires payment of a $10,000 penalty, (2) requires adoption of a Restrictive Covenant protecting a 100 acre parcel of land, and (3) prohibits the taking ofany action that will alter existing hydrological characteristics at or convert to uplands, any wetlands at the Site (including wetlands beyond the 100 acre preservationarea) without a Section 404 permit. 04-2004-9030 FIRST CHEMICAL CORP. 10/16/2009 Civil Judicial ActionON OCTOBER 13, 2002, AN EXPLOSION OCCURRED AT APPROX 5:25 A.M. AT THE FIRST CHEMICAL CORPORATION CHEMICAL MANUFACTURINGCOMPLEX, LOCATED IN PASCAGOULA, MS. THE EXPLOSION INVOLVED A RUNAWAY REACTION OF MONONITROTOLUENE (MNT), THAT OCCURRED ASA RESULT OF THE NEGLIGENCE OF FCC. DEBRIS AND LIQUID MNT FROM THE EXPLODING COLUMN COVERED A ONE SQUARE MILE AREA, INJUREDTHREE EMPLOYEES, CAUSED THE PUBLIC TO SHELTER-IN-PLACE, LITTERED A PUBLIC HIGHWAY, BROKE WINDOWS, DAMAGED BUSSINESS ANDHOUSES, AND STRUCK A 300,000 GALLON PARANITROTOLUENE STORAGE TANK (CAUSING IT TO CATCH FIRE AND BURN). A SIX-TON SECTION OFTHE TOWER LANDED IN A POND AT THE CHEVRON REFINERY (NEARLY MISSING A LARGE TANK FARM). IN ADDITION, DEBRIS NEARLY MISSED A500,000 POUND ANHYDROUS AMMONIA STORAGE TANK AND OTHER CHEMICAL PROCESSING UNITS, PETROLEUM PROCESSING VESSELS, LARGE OILSTORAGE TANKS, CHLORINE CYLINDERS AND SULFURIC ACID TANKS. DUPONT PURCHASED FCC ON NOVEMBER 6, 2002. EPA IS ALLEGING FCC AND DUPONT FAILED TO: (1) IDENTIFY HAZARDS, PERFORM HAZARDANALYSIS, AND UPDATE THE MSDS FOR MNT; (2) DESIGN A SAFE FACILITY, ISOLATE HEAT SOURCES FROM THE DISTILLATION COLUMN, INSTALLINSTRUMENTATION AND EMERGENCY SYSTEMS, AND HAVE A MAINTENANCE PROGRAM TO MAINTAIN THE MECHANICAL INTEGRITY OF CRITICALCALVES; AND (3) MINIMIZE THE CONSEQUENCES OF THE RUNAWAY REACTION, AND HAVE OPERATOR TRAINING TO MONITOR THE SHUTDOWN OFTHE DISTILLATION COLUMN, IN VIOLATION OF THE GENERAL DUTY CLAUSE OF THE CAA. EPA IS SEEKING A SIGNIFICANT PENALTY, AND FURTHERINFORMATION FROM FCC AND DUPONT THAT WILL CLARIFY WHETHER INJUNCTIVE RELIEF IS STILL NECESSAR On October 13, 2002, a distillation column containing mononitroluene ( MNT ) exploded because a runaway reaction occurred when the MNT reacted violently withsteam which had leaked into the distillation column while it was in shutdown status. The top 35 feet of the column blew off and internal packing was expelled, landingall over the ground with many pieces still burning. A large piece of the column weighing over 6 tons traveled 1,500 feet and landed in a pond at the neighboringChevron refinery. FCC violated the General Duty Clause by failing to: (1) identify hazards associated with its MNT distillation process and (2) design a safe facilitywhich should have included the necessary safeguards, such as procedures to check the integrity of the steam shut off values and designing for critical redundantsystems. The CD specifies that FCC will pay a civil penalty of $731,000 and is required to complete an ongoing comprehensive hazard analysis of its MNT processand to implement all recommendations resulting from the analysis. 04-2004-9039 LAFARGE NORTH AMERICA,

INC. (NATIONAL CASE)03/18/2010 Civil Judicial Action

EPA IS PURSUING A NATIONAL GLOBAL SETTLEMENT WITH LAFARGE NORTH AMERICA, INC., WHICH OPERATES 13 CEMENT MANUFACTURINGPLANTS IN REGIONS 2, 3, 4, 5, 6, 7, AND 10. REGION 4 HAS THREE PLANTS IN ATLANTA, ROBERTA, AL, AND HARLEYVILLE, SC. THIS IS A PSD CASE.EPA ALLEGES THAT LAFARGE TRIGGERED PSD AT MOST OF THE PLANTS WHEN IT CONVERTED FROM A LOW SULFUR COAL TO A MIXTURE OF COALAND HIGH SULFUR PETROLEUM COKE (PETCOKE). DUE TO THE HIGHER SULFUR CONTENT OF SULFUR FUEL INPUT, SULFUR DIOXIDE (SO2)EMISSIONS CAN INCREASE ABOVE THE PSD THRESHOLD. THE CONSENT DECREE INCLUDES THE FOLLOWING REQUIREMENTS: 1. General Requirements: a. CD Effective Date: 03/18/10 b. Expected Date of Final Penalty Payment: 04/17/10 (within 30days of 03/18/10) c. Permitting i. Have a permit application submitted to the permitting authority requesting the limits and requirements of the CD by 03/18/12 d. Reporting i. Submit semiannual reports throughout the duration of the CD to both the State agency and EPA e. Expected Date of Full CD Completion: 03/18/13 (upon 3 yrs of operating necessary controls) 2. Harleyville Cement Plant, Kiln 1: 463 Judge St, Harleyville, South Carolina 29448 a. Expected Date of SEP Completion: b. Requirements i. NOx Emissions 1. Meet NOx requirements of it current Title V permit issued 12/14/07 2. Install a NOx CEMS by 03/18/11 ii. SO2 Emissions 1. Meet NOx requirements of it current Title V permit issued 12/14/07 2. Install a SO2 CEMS by 03/18/11 3. Atlanta Cement Plant, Kiln 1: 2520 Paul Ave, NW, Atlanta, Georgia 30318 a. The Atlanta Cement Plant, Kiln 1, is permanently shut down. b. Within 30 Days after the Effective Date, Lafarge shall apply to the State of Georgia for and upon issuance retire fifty NOx Emission Reduction Credits. 4. Roberta Cement Plant, Kiln 5: 8039 Highway 25 West, Calera, Alabama 35040 a. Expected Date of SEP Completion: b. Requirements i. NOx Emissions 1. Meet a 2.4 lbs NOx/ton clinker limit by 03/18/10 2. Install a NOx CEMS by 03/18/11 ii. SO2 Emissions 1. Meet the 2.2 lbs SO2/ton clinker limit by 03/18/10 2. Install a SO2 CEMS by 03/18/11





SummaryEPA IS PURSUING A NATIONAL GLOBAL SETTLEMENT WITH LAFARGE NORTH AMERICA, INC., WHICH OPERATES 13 CEMENT MANUFACTURINGPLANTS IN REGIONS 2, 3, 4, 5, 6, 7, AND 10. REGION 4 HAS THREE PLANTS IN ATLANTA, ROBERTA, AL, AND HARLEYVILLE, SC. THIS IS A PSD CASE.EPA ALLEGES THAT LAFARGE TRIGGERED PSD AT MOST OF THE PLANTS WHEN IT CONVERTED FROM A LOW SULFUR COAL TO A MIXTURE OF COALAND HIGH SULFUR PETROLEUM COKE (PETCOKE). DUE TO THE HIGHER SULFUR CONTENT OF SULFUR FUEL INPUT, SULFUR DIOXIDE (SO2)EMISSIONS CAN INCREASE ABOVE THE PSD THRESHOLD. THE CONSENT DECREE INCLUDES THE FOLLOWING REQUIREMENTS: 1. General Requirements: a. CD Effective Date: 03/18/10 b. Expected Date of Final Penalty Payment: 04/17/10 (within 30days of 03/18/10) c. Permitting i. Have a permit application submitted to the permitting authority requesting the limits and requirements of the CD by 03/18/12 d. Reporting i. Submit semiannual reports throughout the duration of the CD to both the State agency and EPA e. Expected Date of Full CD Completion: 03/18/13 (upon 3 yrs of operating necessary controls) 2. Harleyville Cement Plant, Kiln 1: 463 Judge St, Harleyville, South Carolina 29448 a. Expected Date of SEP Completion: b. Requirements i. NOx Emissions 1. Meet NOx requirements of it current Title V permit issued 12/14/07 2. Install a NOx CEMS by 03/18/11 ii. SO2 Emissions 1. Meet NOx requirements of it current Title V permit issued 12/14/07 2. Install a SO2 CEMS by 03/18/11 3. Atlanta Cement Plant, Kiln 1: 2520 Paul Ave, NW, Atlanta, Georgia 30318 a. The Atlanta Cement Plant, Kiln 1, is permanently shut down. b. Within 30 Days after the Effective Date, Lafarge shall apply to the State of Georgia for and upon issuance retire fifty NOx Emission Reduction Credits. 4. Roberta Cement Plant, Kiln 5: 8039 Highway 25 West, Calera, Alabama 35040 a. Expected Date of SEP Completion: b. Requirements i. NOx Emissions 1. Meet a 2.4 lbs NOx/ton clinker limit by 03/18/10 2. Install a NOx CEMS by 03/18/11 ii. SO2 Emissions 1. Meet the 2.2 lbs SO2/ton clinker limit by 03/18/10 2. Install a SO2 CEMS by 03/18/11





Summary

EPA IS PURSUING A NATIONAL GLOBAL SETTLEMENT WITH LAFARGE NORTH AMERICA, INC., WHICH OPERATES 13 CEMENT MANUFACTURINGPLANTS IN REGIONS 2, 3, 4, 5, 6, 7, AND 10. REGION 4 HAS THREE PLANTS IN ATLANTA, ROBERTA, AL, AND HARLEYVILLE, SC. THIS IS A PSD CASE.EPA ALLEGES THAT LAFARGE TRIGGERED PSD AT MOST OF THE PLANTS WHEN IT CONVERTED FROM A LOW SULFUR COAL TO A MIXTURE OF COALAND HIGH SULFUR PETROLEUM COKE (PETCOKE). DUE TO THE HIGHER SULFUR CONTENT OF SULFUR FUEL INPUT, SULFUR DIOXIDE (SO2)EMISSIONS CAN INCREASE ABOVE THE PSD THRESHOLD. THE CONSENT DECREE INCLUDES THE FOLLOWING REQUIREMENTS: 1. General Requirements: a. CD Effective Date: 03/18/10 b. Expected Date of Final Penalty Payment: 04/17/10 (within 30days of 03/18/10) c. Permitting i. Have a permit application submitted to the permitting authority requesting the limits and requirements of the CD by 03/18/12 d. Reporting i. Submit semiannual reports throughout the duration of the CD to both the State agency and EPA e. Expected Date of Full CD Completion: 03/18/13 (upon 3 yrs of operating necessary controls) 2. Harleyville Cement Plant, Kiln 1: 463 Judge St, Harleyville, South Carolina 29448 a. Expected Date of SEP Completion: b. Requirements i. NOx Emissions 1. Meet NOx requirements of it current Title V permit issued 12/14/07 2. Install a NOx CEMS by 03/18/11 ii. SO2 Emissions 1. Meet NOx requirements of it current Title V permit issued 12/14/07 2. Install a SO2 CEMS by 03/18/11 3. Atlanta Cement Plant, Kiln 1: 2520 Paul Ave, NW, Atlanta, Georgia 30318 a. The Atlanta Cement Plant, Kiln 1, is permanently shut down. b. Within 30 Days after the Effective Date, Lafarge shall apply to the State of Georgia for and upon issuance retire fifty NOx Emission Reduction Credits. 4. Roberta Cement Plant, Kiln 5: 8039 Highway 25 West, Calera, Alabama 35040 a. Expected Date of SEP Completion: b. Requirements i. NOx Emissions 1. Meet a 2.4 lbs NOx/ton clinker limit by 03/18/10 2. Install a NOx CEMS by 03/18/11 ii. SO2 Emissions 1. Meet the 2.2 lbs SO2/ton clinker limit by 03/18/10 2. Install a SO2 CEMS by 03/18/11 04-2004-9051 JOHN WIELAND HOMES AND

NEIGHBORHOODS, INC.12/21/2009 Civil Judicial Action

12/21/2009 - John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., based in Atlanta, GA, have agreed topay a $350,000 civil penalty to resolve alleged violations of the CWA. The companies have also agreed to implement company-wide storm water compliance programs at their construction sites that go beyond current regulatoryrequirements. EPA estimates that the agreement will keep approx 37 million pounds of sediment from polluting the nation s waterways each year. John Wieland Homes and Neighborhood, Inc., and John Wieland Homes and Neighborhoods of the Carolinas, Inc., primarily build homes in the southeast. Along with the federal government, the state of Tennessee has joined the settlement. The state will receive a portion of the penalties based on the number of siteslocated within the state. The government complaint alleges a common pattern of violations that was discovered by reviewing documentation submitted by the companies and through federalsite inspections. The alleged violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all. At the sites thatdid have permits, violations included failure to prevent or minimize the discharge of pollutants, such as silt and debris, in storm water runoff. The settlement requires the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems thatare detected. The companies must properly train construction managers and contractors, and are required to have trained staff present at each construction site. Theyalso must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Improving compliance at construction sites is one of EPA s national enforcement priorities. Construction projects have a high potential for environmental harm becausethey disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites canflow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil,pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality. 04-2005-1016 WILSON, GENE A. 10/21/2009 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)





Summary5/16/06 - COMPLAINT FILED, PROPOSING TO ASSESS A PENALTY. VIOLATIONS: 1. RESPONDENT VIOLATED 40 CFR 144.51(a), 144.52(a)(6) AND PERMIT #KY10376 BY FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THESUBJECT WELL AT LEAST ONCE EVERY TWO YEARS OR TO TIMELY PLUG AND ABANDON THE SUBJECT WELL. RESPONDENT VIOLATED 144.51(a) AND PERMIT #KY10376 BY FAILING TO SUBMECT ANNUAL MONITORING REPORTS AS REQUIRED BY THE PERMIT. 10/21/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF ZERO DOLLARS. 04-2005-9002 D.D. WILLIAMSON & CO., INC. 10/07/2009 Civil Judicial ActionOn April 11, 2003, DDW experienced an explosion of a feeding tank used in a caramel coloring process. This tank was subjected to pressures of up to 35 pounds persquare inch on a daily basis, but it was not equipped with a pressure safety relief valve. The explosion caused the death of an employee, the release of 8000 poundsof ammonia into the surrounding community, and resulted in debris from the tank explosion being ejected over a wide area. A five hundred piece of the tank lid landedon a commercial rail road track. People within a two block radius were evacuated and people within a one-half mile radius were required to shelter-in-place. DDWviolated the General Duty Clause by failing to: (1) identify hazards associated with its caramel coloring process and to perform a hazard analysis on the feeding tank;(2) design a safe facility by not incorporating pressure relief safety valves or other pressure relief devices on the feeding tank and by failing to design the feeding tankwith sufficient engineering design and layers of protection to prevent the explosion and subsequent release of nearby toxic chemicals; and (3) minimize theconsequences of the release by failing to train its operators as to how to respond to process upset or emergency conditions. Following the explosion, DDW did notconduct its own internal investigation of the accident. The requirement to conduct this investigation is contained in 40 CFR § 68.60. The Louisville Metro Air PollutionControl Board ( District ) joined EPA in this action. The District added RMP violations based upon an audit conducted in 2004. The CD specifies that DDW will pay acivil penalty of $600,000 and is required to use an outside engineering consultant to complete a full hazard operability study of its manufacturing operations andimplement the study s recommendations. 04-2005-9043 MFG CHEMICAL 10/16/2009 Civil Judicial Action





SummaryTHIS CASE IS FILED UNDER THE CAA GENERAL DUTY CLAUSE FOR A TOXIC RELEASE THAT OCCURRED AT MFG CHEMICAL DURING ITS INITIALPRODUCTION OF A NEW CHEMICAL. IN THE FIRST HOUR OF PRODUCTION, THE TEMPERATURE OF THE REACTION INCREASED DRAMATICALLY. THISLED TO A RUNAWAY REACTION. OVER 4,000 POUNDS OF TOXIC ALLYL ALCOHOL WAS RELEASED INTO THE COMMUNITY AS A RESULT OF THE TOXICRELEASE. IN ITS INVESTIGATION, EPA DISCOVERED THAT MFG VIOLATED THE GENERAL DUTY CLAUSE BY FAILING TO CONDUCT A HAZARDSANALYSIS, FAILING TO DESIGN A SAFE FACILITY, AND FAILING TO MINIMIZE THE CONSEQUENCES OF THE RELEASE. THE ONLY DEFENDANT IS MFG CHEMICAL. EPA IS REQUESTING A CIVIL PENALTY OF $1,011,000. MFG IS NO LONGER PRODUCING THE CHEMICAL.THEREFORE, EPA IS NOT SEEKING INJUNCTIV On April 12, 2004, during MFG s initial production run of a new chemical process, a runaway reaction occurred when allyl alcohol was mixed too quickly with otherchemicals. This lead to an extreme rise in temperature in a reactor and caused an explosion that released toxic gases to the atmosphere. As a result, the surroundingcommunity within a half mile radius of the MFG plant was evacuated. Over 150 people (including several emergency responders) were treated for exposure at thelocal hospital. One-half mile of vegetation south of the MFG plant was burned and much of the aquatic life was killed throughout several miles of surrounding creekswhich were contaminated by the water sprayed on the toxic vapor cloud in an attempt to control the vapor release. MFG violated the General Duty Clause by failingto: (1) identify hazards associated with its new chemical process; (2) design a safe facility by not incorporating measures to mitigate a runaway reaction; and (3)minimize the consequences of the release by failing to train its operators as to how to respond to process upset or emergency conditions. The Stipulation specifiesthat MFG will pay a civil penalty of $270,000. This penalty was reduced due to MFG s inability to pay the calculated civil penalty of $1,100,000. There is no injunctiverelief required because MFG is no longer using allyl alcohol in any of its processes. 04-2005-9045 ALERIS INTERNATIONAL, INC. -

TN (NATIONAL CASE) (LEAD)(KY ADDED)


EPA REGION 4 ALLEGES THAT ALERIS INTERNATIONAL, INC. VIOLATED THE HAZARDOUS AIR POLLUTANT PROVISIONS SECTION 112 OF THE CAAIMPLEMENTED BY THE REGULATIONS AT 40 CFR PART 63, SUBPART RRR (SECONDARY ALUMINUM PRODUCTION), ALSO KNOWN AS THE SECDONARYALUMINUM MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) REGULATIONS, AS WELL AS THEIR CONDITIONAL MAJOR SOURCE PERMIT. INFISCAL YEAR 2005, EPA'S OFFICE OF ENFORCEMENT AND COMPLIANCE REQURESTED THE REGIONS SELECT THREE MACT REGULATIONS TO FOCUSENFORCEMENT OF SUBSTANTIAL NONCOMPLIANCE. REGION 4 SELECTED THE SECONDARY ALUMINUM MACT AS ONE OF ITS ENFORCEMENTPRIORITIES. IMCO RECYCLING AND COMMONWEALTH ALUMINUM CORP MERGED ON DECEMBER 9, 2004, TO FORM ALERIS. THIS FACILITY EMPLOYS APPROX 70PEOPLE AND PRODUCES MOLTEN ALUMINUM, ALUMINUM "SOWS" AND ALUMINUM INGOTS BY MELTING RECOVERED ALUMINUM FROM ALUMINUMSCRAP AND DROSS. THE VIOLATIONS ALLEGED IN THE REFERRAL WERE IDENTIFIED DURING A FULL COMPLIANCE EVALUATION AT ALERIS'SECONDARY ALUMINUM PRODUCTION FACILITY IN LOUDON, TN, CONDUCTED ON FEBRUARY 22, 2004, BY EPA AND THE TENNESSEE DEPT OFENVIRONMENT AND CONSERVATION. THE VIOLATIONS ALLEGED INCLUDE: POTENTIAL EMISSIONS EXCEEDANCES, VIOLATING OPERATINGREQUIREMENT PARAMETERS, FAULTY PERFORMANCE TESTING, AND INADEQUATE/INVALID MONITORING. ADDITIONALLY, REGION 4 REFERREDNUMEROUS REPORTING VIOLATIONS. EPA IS SEEKING INJUNCTIVE RELIEF AND HAS CALCULATED APPROX $475,000 AS A PRELIMINARY PENALTYCALCULATION





Summary04-2006-9001 ST. GOBAIN CONTAINERS, INC.


THIS LETTER REFERRAL DESCRIBES VIOLATIONS AT TWO ST. GOBAIN CONTAINERS, INC. (SGCI) FACILITIES WITHIN THE JURISDICTION OF THE USEPA REGION 4. THIS REFERRAL FOLLOWS THE JULY 19, 2005, LEAD REFERRAL FROM REGION 10, REQUESTING THAT DOJ FILE A CIVIL ACTIONAGAINST SGCI FOR VIOLATIONS OF THE CAA AT 15 GLASS CONTAINER MANUFACTURING PLANTS ACROSS THE U.S. THE VIOLATIONS AT ISSUE FORTHE TWO REGION 4 FACILITIES, LOCATED IN WILSON AND HENDERSON, NC, INCLUDE MAJOR MODIFICATIONS THAT WERE COMPLETED WITHOUTOBTAINING A PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT AS REQUIRED BY 42 U.S.C. 7475 AND 40 CFR 52.21. THE COMPANY HASAGREED TO NEGOTIATION A GLOBAL SETTLEMENT WITH EPA THAT WILL INCLUDE PENALTIES, INJUNCTIVE RELIEF, AND A SEP.04-2006-9009 BOWATER, INC. 01/11/2010 Civil Judicial ActionIn 1988 Bowater undertook modifications to its power boilers numbered 1, 2, and 3, which would have required a Prevention of Significant Deterioration (PSD) permit.Instead, Bowater took emission limits to avoid the application of PSD in its permit No. 997215F issued on January 13, 1989, for sulfur dioxide (SO2) and nitrogenoxides (NOx) at the Bowater facility located in Calhoun, Tennessee. However, the limits for SO2 and NOx in this permit did not represent appropriate limits such thatPSD would be avoided. EPA and Bowater have agreed to resolve this issue by changing the emission limits in Bowater's title V permit. The SO2 emissions will bereduced to 4,562 tons per year from 18,803.3 tons per year, and the NOX emission will be reduced to 2,214 tons per year from 3,189 tons per year. In addition, Bowater is subject to the pulp and paper MACT requirements of 40 C.F.R. Part 63 Subpart S. In letters dated July 16, 2001, and November 21, 2001,Bowater provided a condensate collection calculation methodology, and indicated that due to process variability that a 21-day averaging period would be necessary toensure compliance with the condensate collection requirement of 11.1 pounds of methanol per oven dried ton of pulp 63.446(c)(3). EPA had concerns with Bowater scondensate collection calculation methodology. EPA and Bowater have agreed to resolve this issue by revising the methodology to ensure only kraft pulping processcondensates that are actually collected in the daily records to demonstrate the appropriate amount of methanol and other HAPs have been collected. On April 16, 2009, Bowater filed for relief under chapter 11 of title 11 of the United States Code. The Bankruptcy Court approved the proposed consent decree, andthe Bankruptcy Order was finalized on August 13, 2009. The agreed civil penalty amount was determined to be $ 30,000. 04-2006-9034 NORFOLK SOUTHERN

RAILWAY COMPANY05/17/2010 Civil Judicial Action

THE PURPOSE OF THIS REFERRAL IS TO REQUEST THAT DOJ FILED A CIVIL ACTION PURSUANT TO CWA SECTION 311, AS AMENDED BY THE OILPOLLUTION ACT OF 1990, AND CERCLA SECTION 109, SEEKING PENALTIES AND INJUNCTIVE RELIEF AGAINST NORFOLK SOUTHERN RAILWAYCOMPANY FOR DISCHARGES OF OIL AND HAZARDOUS SUBSTANCES INTO NAVIGABLE WATERS, SPECIFICALLY BRIDGE CREEK CANAL, BRIDGECREEK POND, BRIDGE CREEK, FLAT ROCK POND, AND HORSE CREEK AND THEIR TRIBUTARIES, IN AIKEN COUNTY, SC, AND FOR FAILING TO REPORTTHESE DISCHARGES TO THE NATIONAL RESPONSE CENTER (NRC) IN A TIMELY MANNER. THE DISCHARGES OCCURRED AS A RESULT OF A TRAINCOLLISION BETWEEN TWO NORFOLK TRAINING ON JANUARY 6, 2005, IN GRANITEVILLE, SC. IN ADDITION, NORFOLK HAS HAD AT LEAST 9 OTHERSMALLER OIL SPILL IN REGION 4 WITHIN THE PAST 5 YEARS FOR WHICH ADDITIONAL INFORMATION IS REQUIRED TO DETERMINE WHETHER AND TOWHAT EXTENT PENALTIES SHOULD BE SOUGHT UNDER THE CWA.





Summary04-2006-9900 SAVANNAH RIVER SITE (FFA/

RODS) (1992)12/01/2009 CERCLA 120E Federal Facility Agreement (FFA)

8/13/93 - FEDERAL FACILITY AGREEMENT. US EPA, REGION 4, SCDHEC AND THE US DEPT OF ENERGY IN THE MATTER OF: US DEPARTMENT OFENERGY'S SAVANNAH RIVER SITE. APPROXIMATELY 100 OUs WILL BE ADDRESSED ON A SCHEDULE ENFORCEABLE UNDER THE FFA.04-2006-9900 SAVANNAH RIVER SITE (FFA/






8/13/93 - FEDERAL FACILITY AGREEMENT. US EPA, REGION 4, SCDHEC AND THE US DEPT OF ENERGY IN THE MATTER OF: US DEPARTMENT OFENERGY'S SAVANNAH RIVER SITE. APPROXIMATELY 100 OUs WILL BE ADDRESSED ON A SCHEDULE ENFORCEABLE UNDER THE FFA.04-2007-0756 MAYO CORRECTIONAL

INSTITUTION02/23/2010 SDWA 1414G2 AO For Compliance (PWS)





Summary12/13/06 - COMPLIANCE ORDER ISSUED. SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO COMPLY WITH THEAPPLICABLE MAXIMUM CONTAMINANT LEVELS FOR TOTAL TRIHALOMETHANES (TTHMs) AND TOTAL HALO ACETIC ACIDS (HAA5) IN ACCORDANCEWITH THE STAGE 1 DISINFECTANTS AND DISINFECTION BY-PRODUCTS RULE AS REQUIRED BY 40 CFR PART 141, SUBPART G SECTION 141.64 ANDSUBPART L SECTION 141.133. ORDER REQUIRES: WITHIN 10 DAYS, SYSTEM SHALL SUBMIT TO EPA A SCHEDULE THAT WILL RETURN THE SYSTEM TO COMPLIANCE NO LATER THAN DECEMBER 2008.SCHEDULE SHOULD OUTLINE STEPS THAT WILL BE TAKEN IN ORDER TO COMPLY WITH THE MAXIMUM CONTAMINANT LEVELS FOR TTHMs ANDHAA5s AS REQUIRED BY 40 CFR PART 141, SUBPART L, SECTION 141.133(b)(1). SYSTEM SHALL COMPLY WITH TERMS AND CONDITIONS OF THE COMPLIANCE SCHEDULE WHICH IS SUBMITTED TO EPA. WITHIN 30 DAYS, SYSTEM SHALL SUBMIT ALL PRIOR TTHMs AND HAA5s MONITORING DATA TO EPA, AS SPECIFIED IN 40 CFR 141.132(b)(1). BEGINNING THE LAST QTR IN 2006, SYSTEM SHALL INCREASE ITS MONITORING TO ONE SAMPLE PER TREATMENT PLANT, PER QTR, TAKEN AT APOINT REFLECTING MAXIMUM RESIDENCE TIME IN THE DISTRIBUTION SYSTEM, UNTIL SYSTEM MEETS THE CRITERIA SPECIFIED IN SECTION 141.132(b)(1)(iv). THESE MONITORING RESULTS MUST BE SUBMITTED TO EPA NO LATER THAN DEC 30, 2007. 2/23/2010 - AMENDED AO TO INCLUDE INSTITUTIONAL CONTROLS REQUIREMENT - ENGINEERING UNDER COMPLYING ACTION/INUNCTIVE RELIEF. 04-2007-9019 CATLETTSBURG REFINING,

LLC AKA MARATHON ASHLAND(NATIONAL CASE)






SummaryCATLETTSBURG VIOLATED THE TERMS OF THE CD AND THE BENZENE NESHAP STANDARDS AT 40 CFR PART 61 SUBPART FF. CATLETTSBURG IS A SUBSIDIARY OF MARATHON PETROLEUM CO., WHO SIGNED A GLOBAL CONSENT DECREE IN 2001 UNDER THE NAME OFMARATHON ASHLAND PETROLEUM FOR VIOLATIONS AT ITS 7 U.S. REFINERIES. CATLETTSBURG MUST INCLUDE ALL APPLICABLE BENZENE WASTE STREAMS IN THEIR TOTAL ANNUAL BENZENE QUANTITY AND MUST CONTROL ALLBENZENE OPERATION EMISSIONS TO 6 MG. SETTLEMENT IS PART OF THE NATIONAL PETROLEUM REFINERY INITIATIVE. ON JUNE 30, 2010, THE SECOND MODIFICATION TO THE NOV 2005 FIRST REVISED CD FOR U.S. v. MARATHON ASHLAND PETROLEUM, LLC, WASENTERED IN U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN. THE MODIFICATION TO THE CD RESOLVES NEW VIOLATIONS OF THENESHAP FOR BENZENE-CONTAINING WASTE OPERATIONS AT ITS FACILITIES IN CATLETTSBURG, KY AND CANTON, OH, AS WELL AS VIOLATIONS OFTHE CD SIGNED BY MARATHON ASHLAND PETROLEUM ON BEHALF OF CATLETTSBURG AND CANTON IN AUGUST 2001. THE VIOLATIONS CONSIST OFNEWLY DISCOVERED VIOLATIONS AND VIOLATIONS OF THE CD THAT WERE NOT INCLUDED IN THE RELEASE FROM LIABILITY IN THE CD AND WERENOT SUBJECT TO STIPULATED PENALTIES. THE MODIFICATION INCLUDES INJUNCTIVE RELIEF REQUIRING MARATHON TO ALL APPLICABLE BENZENEWASTE STREAMS TO THEIR TOTAL ANNUAL BENZENE QUANTITY AND CONTROL BENZENE WASTE OPERATION EMISSIONS TO 6 Mg. THEMODIFICATION ALSO INCLUDES A PENALTY IN THE AMOUNT OF $151,770 AND SEPs IN THE AMOUNT OF $525,000 FOR THE CATLETTSBURG FACILITY.THE MODIFICAITON WAS ENTERED AFTER A 30-DAY PUBLIC COMMENT PERIOD DURING WHICH THERE WERE NO COMMENTS.04-2008-5508 CORR, RODNEY O. 01/07/2010 CWA 309G2B AO For Class II Penalties





Summary9/4/2008 - COMPLAINT FILED PROPOSING A PENALTY OF $157,500. COMPLAINT ALLEGES: RESPONDENT DISCHARGED DREDGED AND/OR FILLMATERIAL AT THE SITE WITHOUT A 404 PERMIT. MR. RODNEY O. CORR WAS THE OWNER AND OPERATOR OF A TRACT OF LAND LOCATED ADJACENT TO HWY 603 AND FARVE LANE, NORTH OFWAVELAND, MISSISSIPPI. COMMENCING ON OR ABOUT MAY 26, 2004, RESPONDENT, OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGEDREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIESASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR COMMERCIAL DEVELOPMENT. RESPONDENT IMPACTED APPROX 14 ACRES OFWETLANDS THAT ARE ADJACENT TO EDWARDS BAYOU, WHICH IS TRIBUTARY TO THE JOURDAN RIVER, A NAVIGABLE WATER OF THE U.S. 1/7/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $100,000, DUE IN INSTALLMENT PAYMENTS. PAYMENTS DUE ASFOLLOWS: WITHIN 21 DAYS: $25,563,16; 6 MONTHS AFTER EXECUTION: $25,563.16; 12 MONTHS AFTER EXECUTION: $25,563.16; 18 MONTHS AFTER EXECUTION: $25,563.16. 04-2008-9108 WINSTON-SALEM STATE

UNIVERSITY06/17/2010 CWA 311B6B1 AO For Class I Penalty





Summary6/17/10 - NOTICE OF DETERMINATION ISSUED. FINDINGS OF FACT: VIOLATION 1: DID NOT CONDUCT WEEKLY INSPECTIONS OF HAZARDOUS WASTE STORAGE LOCATIONS, AS REQUIRED BY 40 CFR 262.34 (CAMPUSWIDE). VIOLATION 2: DID NOT LABEL OR CLEARLY MARK CONTAINERS CONTAINING OBSOLETE CHEMICALS WITH THE WORDS "HAZARDOUS WASTE," ASREQUIRED BY 40 CFR 262.34(a)(3) (OFF-SITE PIEDMONT TRIAD COMMUNITY RESEARCH CENTER). VIOLATION 3: DID NOT CLEARLY MARK CONTAINERS CONTAINING OBSOLETE CHEMICALS WITH THE DATE UP WHICH EACH PERIOD OFACCUMULATION BEGAN, AS REQUIRED BY 40 CFR 262.34(a)(2) AND 262.34(a)(3) (OFF-SITE PIEDMONT TRIAD COMMUNITY RESEARCH CENTER). VIOLATION 4: DID NOT PROVIDE HAZARDOUS WASTE TRAINING, AS REQUIRED BY 40 CFR 262.34(d)(5)(iii) (CAMPUS WIDE). VIOLATION 5: DID NOT HAVE A FINAL SPCC, WHICH WAS IN COMPLIANCE WITH THE REQUIREMENTS OF 40 CFR 112.7 (CAMPUS WIDE). THE FOLLOWING VIOLATIONS WERE SELF-DISCLOSED BY WINSTON-SALEM STATE UNIVERSITY, BUT HAVE BEEN DETERMINED BY EPA NOT TO HAVEBEEN VIOLATIONS. CWA - FAILURE TO HAVE AN NPDES PERMIT FOR AUTOMOBILE WASHING. RCRA - LACK OF SECONDARY CONTAINMENT AT THE DESIGNATED HAZARDOUS WASTE STORAGE AREA AT THE FL ATKINSON BUILDING AND OFF-SITE PIEDMONT TRIAD COMMUNITY CENTER (PTRC). RCRA - DID NOT HAVE RECORDS FOR SHIPMENTS OF UNIVERSAL WASTE.04-2008-9108 WINSTON-SALEM STATE






Summary6/17/10 - NOTICE OF DETERMINATION ISSUED. FINDINGS OF FACT: VIOLATION 1: DID NOT CONDUCT WEEKLY INSPECTIONS OF HAZARDOUS WASTE STORAGE LOCATIONS, AS REQUIRED BY 40 CFR 262.34 (CAMPUSWIDE). VIOLATION 2: DID NOT LABEL OR CLEARLY MARK CONTAINERS CONTAINING OBSOLETE CHEMICALS WITH THE WORDS "HAZARDOUS WASTE," ASREQUIRED BY 40 CFR 262.34(a)(3) (OFF-SITE PIEDMONT TRIAD COMMUNITY RESEARCH CENTER). VIOLATION 3: DID NOT CLEARLY MARK CONTAINERS CONTAINING OBSOLETE CHEMICALS WITH THE DATE UP WHICH EACH PERIOD OFACCUMULATION BEGAN, AS REQUIRED BY 40 CFR 262.34(a)(2) AND 262.34(a)(3) (OFF-SITE PIEDMONT TRIAD COMMUNITY RESEARCH CENTER). VIOLATION 4: DID NOT PROVIDE HAZARDOUS WASTE TRAINING, AS REQUIRED BY 40 CFR 262.34(d)(5)(iii) (CAMPUS WIDE). VIOLATION 5: DID NOT HAVE A FINAL SPCC, WHICH WAS IN COMPLIANCE WITH THE REQUIREMENTS OF 40 CFR 112.7 (CAMPUS WIDE). THE FOLLOWING VIOLATIONS WERE SELF-DISCLOSED BY WINSTON-SALEM STATE UNIVERSITY, BUT HAVE BEEN DETERMINED BY EPA NOT TO HAVEBEEN VIOLATIONS. CWA - FAILURE TO HAVE AN NPDES PERMIT FOR AUTOMOBILE WASHING. RCRA - LACK OF SECONDARY CONTAINMENT AT THE DESIGNATED HAZARDOUS WASTE STORAGE AREA AT THE FL ATKINSON BUILDING AND OFF-SITE PIEDMONT TRIAD COMMUNITY CENTER (PTRC). RCRA - DID NOT HAVE RECORDS FOR SHIPMENTS OF UNIVERSAL WASTE.04-2008-9152 SOUTHERN ADVENTIST

UNIVERSITY03/18/2010 CWA 311B6B1 AO For Class I Penalty

3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A FEB 28, 2008, LETTER TO EPA, SOUTHERN ADVENTIST UNIVERSITY DISCLOSED VIOLATIONS OFTHE CWA, EPCRA, AND RCRA. ON AUG 15, 2008, SOUTHERN ADVENTIST UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINEDADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. THE FOLLOWING VIOLATIONS WERE DISCLOSED: CWA: 1. 40 CFR 112.3, FAILURE TO HAVE AN SPCC FOR THE FACILITY (1 VIOLATION, CAMPUS-WIDE). 2. 40 CFR 112.7(c), FAILURE TO PROVIDE ADEQUATE CONTAINMENT FOR MOBILE AND PORTABLE STORAGE CONTAINERS (1 VIOLATION, CAMPUS-WIDE; 1 VIOLATION, FLEMING PLAZA; 1 VIOLATION, WRIGHT). 3. 40 CFR 112.7(e), FAILURE TO MAINTAIN WRITTEN RECORDS OF INSPECTIONS AND TESTS (1 VIOLATION, CAMPUS-WIDE). 4. 40 CFR 112.7(f), FAILURE TO CONDUCT TRAINING FOR OIL HANDLING PERSONNEL ON THE OPERATION AND MAINTENANCE OF EQUIPOMENT TOPREVENT DISCHARGES (1 VIOLATION, CAMPUS-WIDE). 5. 40 CFR 403.5, DISCHARGE TO PUBLICALLY OWNED TREATMENT WORKS WITHOUT A PERMIT (1 VIOLATION, ART ANNEX; 4 VIOLATIONS, BROCK; 13VIOLATIONS, HICKMAN; 3 VIOLATIONS, LEDFORD; AND 2 VIOLATIONS, TALGE). EPCRA: 6. 40 CFR 355.30, 370.22, 370.22, 370.28, FAILURE TO CALCULATE THE QUANTITY OF EXTREMELY HAZ CHEMICALS AND/OR MIXTURES PRESENT ATTHE FACILITY, AND TO NOTIFY THE FIRE DEPT, STATE EMERGENCY RESPONSE COMMITTEE, LOCAL EMERGENCY PLANNING COMMITTEE OF NAMEOF EMERGENCY CONTACT, IF APPROPRIATE (1 VIOLATION, CAMPUS-WIDE). RCRA: 7. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (3 VIOLATIONS, ART ANNEX; 6 VIOLATIONS, BROCK; 21 VIOLATIONS, HICKMAN;1 VIOLATION, LANDSCAPE SERVICES; 13 VIOLATIONS, LEDFORD; 2 VIOLATIONS, TALGE; 4 VIOLATIONS, TRANSPORATION; 2 VIOLATIONS, WOOD). 8. 40 CFR 262.12, FAILLURE TO NOTIFY OF FACILITY STATUS (1 VIOLATION, CAMPUS-WIDE). 9. 40 CFR 262.34(a), FAILURE TO LABEL CONTAINERS USED TO STORE HAZ WASTE WITH A LIST OF KNOWN CONSTITUENTS AND/OR THE WORDS"HAZARDOUS WASTE" (1 VIOLATION, CAMPUS-WIDE; 14 VIOLATIONS, HICKMAN; 4 VIOLATIONS, LEDFORD). 10. 40 CFR 262.34(d), FAILURE TO IDENTIFY EMERGENCY COORDINATOR (CAMPUS-WIDE). 11. 40 CFR 265, FAILURE TO MAINTAIN A HAZ WASTE MINIMIZATION PLAN (1 VIOLATION, CAMPUS-WIDE). 12. 40 CFR 265.16, FAILURE TO PROVIDE ADEQUATE EMPLOYEE TRAINING IN THE HANDLING OF HAZ WASTE (1 VIOLATION, HICKMAN). 13. 40 CFR 265.51, FAILURE TO MAINTAIN A CONTINGENCY PLAN FOR MANAGEMENT OF HAZ WASTE (1 VIOLATION, CAMPUS-WIDE). 14. 40 CFR 265.171, FAILURE TO STORE HAZ WASTE IN CONTAINERS THAT ARE IN GOOD CONDITION (1 VIOLATION, HICKMAN). 15. 40 CFR 265.172, FAILURE TO STORE HAZ WASTE IN COMPATIBLE CONTAINERS (2 VIOLATIONS, HICKMAN). 16. 40 CFR 265.173, FAILURE TO SECURELY CLOSE CONTAINERS HOLDING HAZ WASTE (3 VIOLATIONS, HICKMAN). 17. 40 CFR 265.177, FAILURE TO STORE CONTAINERS OF INCOMPATIBLE HAZ WASTE IN SEPARATE CONTAINMENT BINS OR IN AN AREA SEPARATEDBY SOME OTHER PHYSICAL BARRIER (2 VIOLATIONS, HICKMAN). 18. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTOTHE ENVIRONMENT (1 VIOLATION, HERIN; 3 VIOLATIONS, HICKMAN; 1 VIOLATION, LEDFORD; 1 VIOLATION, THATCHER). 19. 40 CFR 273.14, FAILURE TO MARK UNIVERSAL WASTE (1 VIOLATION, ENERGY MGMT; 1 VIOLATION, FACILITIES; 1 VIOLATION, HERIN; 1 VIOLATION,THATCHER; 2 VIOLATIONS, WRIGHT). 20. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, ENERGY MGMT; 2 VIOLATIONS, WRIGHT). THE FOLLOWING VIOLATIONS WERE DISCLOSED BY SOUTHERN ADVENTIST UNIVERSITY, BUT HAVE BEEN DETERMINED BY EPA NOT TO HAVE BEENVIOLATIONS: CAA: 1. 40 CFR 70.1, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TO DETERMINE TITLE V APPLICABILITY. TSCA: 2 40 CFR 745.100, FAILURE TO DISCLOSE ANY KNOWN LEAD-BASED PAINT HAZARDS TO LESSEES.





Summary






Summary

3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A FEB 28, 2008, LETTER TO EPA, SOUTHERN ADVENTIST UNIVERSITY DISCLOSED VIOLATIONS OFTHE CWA, EPCRA, AND RCRA. ON AUG 15, 2008, SOUTHERN ADVENTIST UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINEDADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. THE FOLLOWING VIOLATIONS WERE DISCLOSED: CWA: 1. 40 CFR 112.3, FAILURE TO HAVE AN SPCC FOR THE FACILITY (1 VIOLATION, CAMPUS-WIDE). 2. 40 CFR 112.7(c), FAILURE TO PROVIDE ADEQUATE CONTAINMENT FOR MOBILE AND PORTABLE STORAGE CONTAINERS (1 VIOLATION, CAMPUS-WIDE; 1 VIOLATION, FLEMING PLAZA; 1 VIOLATION, WRIGHT). 3. 40 CFR 112.7(e), FAILURE TO MAINTAIN WRITTEN RECORDS OF INSPECTIONS AND TESTS (1 VIOLATION, CAMPUS-WIDE). 4. 40 CFR 112.7(f), FAILURE TO CONDUCT TRAINING FOR OIL HANDLING PERSONNEL ON THE OPERATION AND MAINTENANCE OF EQUIPOMENT TOPREVENT DISCHARGES (1 VIOLATION, CAMPUS-WIDE). 5. 40 CFR 403.5, DISCHARGE TO PUBLICALLY OWNED TREATMENT WORKS WITHOUT A PERMIT (1 VIOLATION, ART ANNEX; 4 VIOLATIONS, BROCK; 13VIOLATIONS, HICKMAN; 3 VIOLATIONS, LEDFORD; AND 2 VIOLATIONS, TALGE). EPCRA: 6. 40 CFR 355.30, 370.22, 370.22, 370.28, FAILURE TO CALCULATE THE QUANTITY OF EXTREMELY HAZ CHEMICALS AND/OR MIXTURES PRESENT ATTHE FACILITY, AND TO NOTIFY THE FIRE DEPT, STATE EMERGENCY RESPONSE COMMITTEE, LOCAL EMERGENCY PLANNING COMMITTEE OF NAMEOF EMERGENCY CONTACT, IF APPROPRIATE (1 VIOLATION, CAMPUS-WIDE). RCRA: 7. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (3 VIOLATIONS, ART ANNEX; 6 VIOLATIONS, BROCK; 21 VIOLATIONS, HICKMAN;1 VIOLATION, LANDSCAPE SERVICES; 13 VIOLATIONS, LEDFORD; 2 VIOLATIONS, TALGE; 4 VIOLATIONS, TRANSPORATION; 2 VIOLATIONS, WOOD). 8. 40 CFR 262.12, FAILLURE TO NOTIFY OF FACILITY STATUS (1 VIOLATION, CAMPUS-WIDE). 9. 40 CFR 262.34(a), FAILURE TO LABEL CONTAINERS USED TO STORE HAZ WASTE WITH A LIST OF KNOWN CONSTITUENTS AND/OR THE WORDS"HAZARDOUS WASTE" (1 VIOLATION, CAMPUS-WIDE; 14 VIOLATIONS, HICKMAN; 4 VIOLATIONS, LEDFORD). 10. 40 CFR 262.34(d), FAILURE TO IDENTIFY EMERGENCY COORDINATOR (CAMPUS-WIDE). 11. 40 CFR 265, FAILURE TO MAINTAIN A HAZ WASTE MINIMIZATION PLAN (1 VIOLATION, CAMPUS-WIDE). 12. 40 CFR 265.16, FAILURE TO PROVIDE ADEQUATE EMPLOYEE TRAINING IN THE HANDLING OF HAZ WASTE (1 VIOLATION, HICKMAN). 13. 40 CFR 265.51, FAILURE TO MAINTAIN A CONTINGENCY PLAN FOR MANAGEMENT OF HAZ WASTE (1 VIOLATION, CAMPUS-WIDE). 14. 40 CFR 265.171, FAILURE TO STORE HAZ WASTE IN CONTAINERS THAT ARE IN GOOD CONDITION (1 VIOLATION, HICKMAN). 15. 40 CFR 265.172, FAILURE TO STORE HAZ WASTE IN COMPATIBLE CONTAINERS (2 VIOLATIONS, HICKMAN). 16. 40 CFR 265.173, FAILURE TO SECURELY CLOSE CONTAINERS HOLDING HAZ WASTE (3 VIOLATIONS, HICKMAN). 17. 40 CFR 265.177, FAILURE TO STORE CONTAINERS OF INCOMPATIBLE HAZ WASTE IN SEPARATE CONTAINMENT BINS OR IN AN AREA SEPARATEDBY SOME OTHER PHYSICAL BARRIER (2 VIOLATIONS, HICKMAN). 18. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTOTHE ENVIRONMENT (1 VIOLATION, HERIN; 3 VIOLATIONS, HICKMAN; 1 VIOLATION, LEDFORD; 1 VIOLATION, THATCHER). 19. 40 CFR 273.14, FAILURE TO MARK UNIVERSAL WASTE (1 VIOLATION, ENERGY MGMT; 1 VIOLATION, FACILITIES; 1 VIOLATION, HERIN; 1 VIOLATION,THATCHER; 2 VIOLATIONS, WRIGHT). 20. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, ENERGY MGMT; 2 VIOLATIONS, WRIGHT). THE FOLLOWING VIOLATIONS WERE DISCLOSED BY SOUTHERN ADVENTIST UNIVERSITY, BUT HAVE BEEN DETERMINED BY EPA NOT TO HAVE BEENVIOLATIONS: CAA: 1. 40 CFR 70.1, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TO DETERMINE TITLE V APPLICABILITY. TSCA: 2 40 CFR 745.100, FAILURE TO DISCLOSE ANY KNOWN LEAD-BASED PAINT HAZARDS TO LESSEES. 04-2008-9152 SOUTHERN ADVENTIST

UNIVERSITY03/18/2010 EPCRA 325 Action For Penalty






Summary

3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A FEB 28, 2008, LETTER TO EPA, SOUTHERN ADVENTIST UNIVERSITY DISCLOSED VIOLATIONS OFTHE CWA, EPCRA, AND RCRA. ON AUG 15, 2008, SOUTHERN ADVENTIST UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINEDADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. THE FOLLOWING VIOLATIONS WERE DISCLOSED: CWA: 1. 40 CFR 112.3, FAILURE TO HAVE AN SPCC FOR THE FACILITY (1 VIOLATION, CAMPUS-WIDE). 2. 40 CFR 112.7(c), FAILURE TO PROVIDE ADEQUATE CONTAINMENT FOR MOBILE AND PORTABLE STORAGE CONTAINERS (1 VIOLATION, CAMPUS-WIDE; 1 VIOLATION, FLEMING PLAZA; 1 VIOLATION, WRIGHT). 3. 40 CFR 112.7(e), FAILURE TO MAINTAIN WRITTEN RECORDS OF INSPECTIONS AND TESTS (1 VIOLATION, CAMPUS-WIDE). 4. 40 CFR 112.7(f), FAILURE TO CONDUCT TRAINING FOR OIL HANDLING PERSONNEL ON THE OPERATION AND MAINTENANCE OF EQUIPOMENT TOPREVENT DISCHARGES (1 VIOLATION, CAMPUS-WIDE). 5. 40 CFR 403.5, DISCHARGE TO PUBLICALLY OWNED TREATMENT WORKS WITHOUT A PERMIT (1 VIOLATION, ART ANNEX; 4 VIOLATIONS, BROCK; 13VIOLATIONS, HICKMAN; 3 VIOLATIONS, LEDFORD; AND 2 VIOLATIONS, TALGE). EPCRA: 6. 40 CFR 355.30, 370.22, 370.22, 370.28, FAILURE TO CALCULATE THE QUANTITY OF EXTREMELY HAZ CHEMICALS AND/OR MIXTURES PRESENT ATTHE FACILITY, AND TO NOTIFY THE FIRE DEPT, STATE EMERGENCY RESPONSE COMMITTEE, LOCAL EMERGENCY PLANNING COMMITTEE OF NAMEOF EMERGENCY CONTACT, IF APPROPRIATE (1 VIOLATION, CAMPUS-WIDE). RCRA: 7. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (3 VIOLATIONS, ART ANNEX; 6 VIOLATIONS, BROCK; 21 VIOLATIONS, HICKMAN;1 VIOLATION, LANDSCAPE SERVICES; 13 VIOLATIONS, LEDFORD; 2 VIOLATIONS, TALGE; 4 VIOLATIONS, TRANSPORATION; 2 VIOLATIONS, WOOD). 8. 40 CFR 262.12, FAILLURE TO NOTIFY OF FACILITY STATUS (1 VIOLATION, CAMPUS-WIDE). 9. 40 CFR 262.34(a), FAILURE TO LABEL CONTAINERS USED TO STORE HAZ WASTE WITH A LIST OF KNOWN CONSTITUENTS AND/OR THE WORDS"HAZARDOUS WASTE" (1 VIOLATION, CAMPUS-WIDE; 14 VIOLATIONS, HICKMAN; 4 VIOLATIONS, LEDFORD). 10. 40 CFR 262.34(d), FAILURE TO IDENTIFY EMERGENCY COORDINATOR (CAMPUS-WIDE). 11. 40 CFR 265, FAILURE TO MAINTAIN A HAZ WASTE MINIMIZATION PLAN (1 VIOLATION, CAMPUS-WIDE). 12. 40 CFR 265.16, FAILURE TO PROVIDE ADEQUATE EMPLOYEE TRAINING IN THE HANDLING OF HAZ WASTE (1 VIOLATION, HICKMAN). 13. 40 CFR 265.51, FAILURE TO MAINTAIN A CONTINGENCY PLAN FOR MANAGEMENT OF HAZ WASTE (1 VIOLATION, CAMPUS-WIDE). 14. 40 CFR 265.171, FAILURE TO STORE HAZ WASTE IN CONTAINERS THAT ARE IN GOOD CONDITION (1 VIOLATION, HICKMAN). 15. 40 CFR 265.172, FAILURE TO STORE HAZ WASTE IN COMPATIBLE CONTAINERS (2 VIOLATIONS, HICKMAN). 16. 40 CFR 265.173, FAILURE TO SECURELY CLOSE CONTAINERS HOLDING HAZ WASTE (3 VIOLATIONS, HICKMAN). 17. 40 CFR 265.177, FAILURE TO STORE CONTAINERS OF INCOMPATIBLE HAZ WASTE IN SEPARATE CONTAINMENT BINS OR IN AN AREA SEPARATEDBY SOME OTHER PHYSICAL BARRIER (2 VIOLATIONS, HICKMAN). 18. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTOTHE ENVIRONMENT (1 VIOLATION, HERIN; 3 VIOLATIONS, HICKMAN; 1 VIOLATION, LEDFORD; 1 VIOLATION, THATCHER). 19. 40 CFR 273.14, FAILURE TO MARK UNIVERSAL WASTE (1 VIOLATION, ENERGY MGMT; 1 VIOLATION, FACILITIES; 1 VIOLATION, HERIN; 1 VIOLATION,THATCHER; 2 VIOLATIONS, WRIGHT). 20. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, ENERGY MGMT; 2 VIOLATIONS, WRIGHT). THE FOLLOWING VIOLATIONS WERE DISCLOSED BY SOUTHERN ADVENTIST UNIVERSITY, BUT HAVE BEEN DETERMINED BY EPA NOT TO HAVE BEENVIOLATIONS: CAA: 1. 40 CFR 70.1, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TO DETERMINE TITLE V APPLICABILITY. TSCA: 2 40 CFR 745.100, FAILURE TO DISCLOSE ANY KNOWN LEAD-BASED PAINT HAZARDS TO LESSEES. 04-2008-9152 SOUTHERN ADVENTIST







Summary






Summary

3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A FEB 28, 2008, LETTER TO EPA, SOUTHERN ADVENTIST UNIVERSITY DISCLOSED VIOLATIONS OFTHE CWA, EPCRA, AND RCRA. ON AUG 15, 2008, SOUTHERN ADVENTIST UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINEDADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. THE FOLLOWING VIOLATIONS WERE DISCLOSED: CWA: 1. 40 CFR 112.3, FAILURE TO HAVE AN SPCC FOR THE FACILITY (1 VIOLATION, CAMPUS-WIDE). 2. 40 CFR 112.7(c), FAILURE TO PROVIDE ADEQUATE CONTAINMENT FOR MOBILE AND PORTABLE STORAGE CONTAINERS (1 VIOLATION, CAMPUS-WIDE; 1 VIOLATION, FLEMING PLAZA; 1 VIOLATION, WRIGHT). 3. 40 CFR 112.7(e), FAILURE TO MAINTAIN WRITTEN RECORDS OF INSPECTIONS AND TESTS (1 VIOLATION, CAMPUS-WIDE). 4. 40 CFR 112.7(f), FAILURE TO CONDUCT TRAINING FOR OIL HANDLING PERSONNEL ON THE OPERATION AND MAINTENANCE OF EQUIPOMENT TOPREVENT DISCHARGES (1 VIOLATION, CAMPUS-WIDE). 5. 40 CFR 403.5, DISCHARGE TO PUBLICALLY OWNED TREATMENT WORKS WITHOUT A PERMIT (1 VIOLATION, ART ANNEX; 4 VIOLATIONS, BROCK; 13VIOLATIONS, HICKMAN; 3 VIOLATIONS, LEDFORD; AND 2 VIOLATIONS, TALGE). EPCRA: 6. 40 CFR 355.30, 370.22, 370.22, 370.28, FAILURE TO CALCULATE THE QUANTITY OF EXTREMELY HAZ CHEMICALS AND/OR MIXTURES PRESENT ATTHE FACILITY, AND TO NOTIFY THE FIRE DEPT, STATE EMERGENCY RESPONSE COMMITTEE, LOCAL EMERGENCY PLANNING COMMITTEE OF NAMEOF EMERGENCY CONTACT, IF APPROPRIATE (1 VIOLATION, CAMPUS-WIDE). RCRA: 7. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (3 VIOLATIONS, ART ANNEX; 6 VIOLATIONS, BROCK; 21 VIOLATIONS, HICKMAN;1 VIOLATION, LANDSCAPE SERVICES; 13 VIOLATIONS, LEDFORD; 2 VIOLATIONS, TALGE; 4 VIOLATIONS, TRANSPORATION; 2 VIOLATIONS, WOOD). 8. 40 CFR 262.12, FAILLURE TO NOTIFY OF FACILITY STATUS (1 VIOLATION, CAMPUS-WIDE). 9. 40 CFR 262.34(a), FAILURE TO LABEL CONTAINERS USED TO STORE HAZ WASTE WITH A LIST OF KNOWN CONSTITUENTS AND/OR THE WORDS"HAZARDOUS WASTE" (1 VIOLATION, CAMPUS-WIDE; 14 VIOLATIONS, HICKMAN; 4 VIOLATIONS, LEDFORD). 10. 40 CFR 262.34(d), FAILURE TO IDENTIFY EMERGENCY COORDINATOR (CAMPUS-WIDE). 11. 40 CFR 265, FAILURE TO MAINTAIN A HAZ WASTE MINIMIZATION PLAN (1 VIOLATION, CAMPUS-WIDE). 12. 40 CFR 265.16, FAILURE TO PROVIDE ADEQUATE EMPLOYEE TRAINING IN THE HANDLING OF HAZ WASTE (1 VIOLATION, HICKMAN). 13. 40 CFR 265.51, FAILURE TO MAINTAIN A CONTINGENCY PLAN FOR MANAGEMENT OF HAZ WASTE (1 VIOLATION, CAMPUS-WIDE). 14. 40 CFR 265.171, FAILURE TO STORE HAZ WASTE IN CONTAINERS THAT ARE IN GOOD CONDITION (1 VIOLATION, HICKMAN). 15. 40 CFR 265.172, FAILURE TO STORE HAZ WASTE IN COMPATIBLE CONTAINERS (2 VIOLATIONS, HICKMAN). 16. 40 CFR 265.173, FAILURE TO SECURELY CLOSE CONTAINERS HOLDING HAZ WASTE (3 VIOLATIONS, HICKMAN). 17. 40 CFR 265.177, FAILURE TO STORE CONTAINERS OF INCOMPATIBLE HAZ WASTE IN SEPARATE CONTAINMENT BINS OR IN AN AREA SEPARATEDBY SOME OTHER PHYSICAL BARRIER (2 VIOLATIONS, HICKMAN). 18. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTOTHE ENVIRONMENT (1 VIOLATION, HERIN; 3 VIOLATIONS, HICKMAN; 1 VIOLATION, LEDFORD; 1 VIOLATION, THATCHER). 19. 40 CFR 273.14, FAILURE TO MARK UNIVERSAL WASTE (1 VIOLATION, ENERGY MGMT; 1 VIOLATION, FACILITIES; 1 VIOLATION, HERIN; 1 VIOLATION,THATCHER; 2 VIOLATIONS, WRIGHT). 20. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, ENERGY MGMT; 2 VIOLATIONS, WRIGHT). THE FOLLOWING VIOLATIONS WERE DISCLOSED BY SOUTHERN ADVENTIST UNIVERSITY, BUT HAVE BEEN DETERMINED BY EPA NOT TO HAVE BEENVIOLATIONS: CAA: 1. 40 CFR 70.1, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TO DETERMINE TITLE V APPLICABILITY. TSCA: 2 40 CFR 745.100, FAILURE TO DISCLOSE ANY KNOWN LEAD-BASED PAINT HAZARDS TO LESSEES. 04-2008-9186 LINGER LONGER

DEVELOPMENT COMPANY01/27/2010 EPCRA 325 Action For Penalty

1/27/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED MAY 30, 2008, LINGER LONGER DEVELOPMENT COMPANY ADMITTED THEFOLLOWING VIOLATIONS OF EPCRA: LONGER LONGER DEVELOPMENT COMPANY FAILED TO TIMELY SUBMIT TIER II FORMS FOR CHEMICALS INCLUDING PROPANE, GASOLINE, LIME, ANDFERTILIZER, FOR 12 FACILITIES IN GA FOR REPORTING YEARS 2005, 2006, AND 2007, TO THE STATE EMERGENCY RESPONSE COMMISSION (SERC),THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE (LEPC), AND THE FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRASECTION 312. 1. LINGER LONGER DEVELOPMENT COMPANY FAILED TO TIMELY SUBMIT TIER II FORMS FOR: PROPANE FOR REPORTING YEARS 2005, 2006, AND 2007, FOR ITS LAKE CLUB CLUBHOUSE FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YRS 2005, 2006, AND 2007 FOR ITS GRANITE SHOALS MARINA FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPARTMENT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YRS 2005, 2006, AND 2007 FOR ITS GREAT WATERS MARINA FACILITY IN EATONTON, GA, TO THE SERC, THE LEPC, ANDTHE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YEARS 2005, 2006, AND 2007 FOR ITS REYNOLDS PLANTATION MARINA FACILITY IN GREENSBORO, GA, TO THE SERC,THE LEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS LAKE CLUB MARINA FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC, ANDTHE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. LIME FOR REPORTING YRS 2005, 2006, AND 2007 FOR ITS PROPERTY OWNERS ASSOCIATION FACILITY IN GREENSBORO, GA, TO THE SERC, THELEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS CREEK CLUB FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC, AND THELOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS REYNOLDS LANDING GOLF COURSE FACILITY IN GREENSBORO, GA, TO THE SERC,THE LEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS GREAT WATERS GOLF COURSE FACILITY IN EATONTON, GA, TO THE SERC, THELEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS NATIONAL GOLF COURSE FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS OCONEE GOLF COURSE FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YEARS 2005, 2006, AND 2007, FOR ITS ACHASTA GOLF COURSE FACILITY IN DAHLONEGA, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. ON MAY 30, 2008, LINGER LONGER DEVELOPMENT COMPANY SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES.





Summary

1/27/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED MAY 30, 2008, LINGER LONGER DEVELOPMENT COMPANY ADMITTED THEFOLLOWING VIOLATIONS OF EPCRA: LONGER LONGER DEVELOPMENT COMPANY FAILED TO TIMELY SUBMIT TIER II FORMS FOR CHEMICALS INCLUDING PROPANE, GASOLINE, LIME, ANDFERTILIZER, FOR 12 FACILITIES IN GA FOR REPORTING YEARS 2005, 2006, AND 2007, TO THE STATE EMERGENCY RESPONSE COMMISSION (SERC),THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE (LEPC), AND THE FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRASECTION 312. 1. LINGER LONGER DEVELOPMENT COMPANY FAILED TO TIMELY SUBMIT TIER II FORMS FOR: PROPANE FOR REPORTING YEARS 2005, 2006, AND 2007, FOR ITS LAKE CLUB CLUBHOUSE FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YRS 2005, 2006, AND 2007 FOR ITS GRANITE SHOALS MARINA FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPARTMENT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YRS 2005, 2006, AND 2007 FOR ITS GREAT WATERS MARINA FACILITY IN EATONTON, GA, TO THE SERC, THE LEPC, ANDTHE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YEARS 2005, 2006, AND 2007 FOR ITS REYNOLDS PLANTATION MARINA FACILITY IN GREENSBORO, GA, TO THE SERC,THE LEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. GASOLINE FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS LAKE CLUB MARINA FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC, ANDTHE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. LIME FOR REPORTING YRS 2005, 2006, AND 2007 FOR ITS PROPERTY OWNERS ASSOCIATION FACILITY IN GREENSBORO, GA, TO THE SERC, THELEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS CREEK CLUB FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC, AND THELOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS REYNOLDS LANDING GOLF COURSE FACILITY IN GREENSBORO, GA, TO THE SERC,THE LEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS GREAT WATERS GOLF COURSE FACILITY IN EATONTON, GA, TO THE SERC, THELEPC, AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS NATIONAL GOLF COURSE FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YRS 2005, 2006, AND 2007, FOR ITS OCONEE GOLF COURSE FACILITY IN GREENSBORO, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. FERTILIZER FOR REPORTING YEARS 2005, 2006, AND 2007, FOR ITS ACHASTA GOLF COURSE FACILITY IN DAHLONEGA, GA, TO THE SERC, THE LEPC,AND THE LOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SECTION 312. ON MAY 30, 2008, LINGER LONGER DEVELOPMENT COMPANY SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES. 04-2008-9187 BREMMER, INC. 02/02/2010 CERCLA 109 Action For Penalty2/2/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO MAKE IMMEDIATE NOTIFICATION TO THE NATIONAL RESPONSE CENTER ASSOON AS THE COMPANY HAD KNOWLEDGE OF RELEASES OF AMMONIA IN QUANTITIES GREATER THAN THE REPORTABLE QUANTITY, AS REQUIREDBY SSECTION 103(a) OF CERCLA. ON JUNE 9, 2008, RESPONDENT REPORTED THE RELEASE TO THE APPROPRIATE AGENCY.04-2008-9199 CIGARETTE RACING TEAM,


11/13/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED JUNE 23, 2008, CIGARETTE RACING TEAM, LLC, ADMITTED THE FOLLOWINGVIOLATION OF EPCRA: CIGARETTE RACING TEAM, LLC, FAILED TO TIMELY SUBMIT TRI FORMS FOR STYRENE FOR REPORTING YEAR 2006, TO EPA AND THE STATE ASREQUIRED BY EPCRA SEC 313. CIGARETTE RACING TEAM, LLC, DISCOVERED THE VIOLATION ON JUNE 16, 2008, AFTER RECEIVING GUIDANCE ONCOMPLIANCE ASSISTANCE. CIGARETTE RACING TEAM, LLC SUBMITTED THE TRI REPORTS TO THE APPROPRIATE AGENCIES ON JUNE 23, 2008.





Summary04-2008-9201 MARION MILITARY INSTITUTE 01/29/2010 CWA 309G2A AO For Class I Penalties1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OFTHE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOWAND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.





Summary

1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OFTHE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOWAND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.04-2008-9201 MARION MILITARY INSTITUTE 01/29/2010 RCRA 3008A AO For Comp And/Or Penalty1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OFTHE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOWAND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.





Summary

1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OFTHE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOWAND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.04-2008-9201 MARION MILITARY INSTITUTE 01/29/2010 TSCA 16 Action For Penalty1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OFTHE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOWAND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.





Summary

1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OFTHE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOWAND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.





Summary

1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OFTHE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOWAND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.04-2008-9206 SMITH & NEPHEW, INC. 10/28/2009 EPCRA 325 Action For Penalty10/28/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED JULY 8, 2008, SMITH & NEPHEW, INC., ADMITTED THE FOLLOWING VIOLATION OFEPCRA: SMITH AND NEPHEW, INC., FAILED TO TIMELY SUBMIT FOR ITS FACILITY IN MEMPHIS, TN, TRI REPORTS FOR MDI FOR REPORTING YEARS 2004, 2005,2006, AND 2007 TO EPA AND THE STATE AS REQUIRED BY EPCRA SEC 313. ON OR ABOUT AUG 7, 2008, SMITH AND NEPHEW, INC., SUBMITTED THEREPORTS TO THE APPROPRIATE AGENCIES. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF$175,376, COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.04-2008-9213 QUALITY INDUSTRIES, INC. 10/28/2009 EPCRA 325 Action For Penalty10/28/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED JULY 17, 2008, QUALITY INDUSTRIES, INC., ADMITTED THE FOLLOWINGVIOLATIONS OF EPCRA: QUALITY INDUSTRIES, INC., FAILED TO TIMELY SUBMIT A TRI INVENTORY FORM FOR ITS FACILITY IN LAVERGNE, TN, FOR CHROMIUM AND NICKELFOR REPORTING YEARS 2003, 2004, 2005, AND 2006 TO EPA AND THE STATE AS REQUIRED BY EPCRA SEC 313. ON JULY 17, 2008, QUALITYINDUSTRIES, INC., SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF $263,064 COULD HAVE BEEN ASSESSED FOR THESENON-REPORTING VIOLATIONS.04-2008-9217 DURABLE PRODUCTS, INC. 10/28/2009 EPCRA 325 Action For Penalty10/28/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED JULY 22, 2008, DURALBE PRODUCTS, INC., ADMITTED THE FOLLOWINGVIOLATIONS OF EPCRA: DURABLE PRODUCTS, INC., FAILED TO TIMELY SUBMIT FOR ITS FACILITY IN CROSSVILLE, TN, TRI REPORTS FOR REPORTING YEARS 2004, 2005, 2006,AND 2007 TO EPA AND THE STATE AS REQUIRED BY EPCRA SEC 313. ON OR ABOUT SEPT 28, 2008, DURABLE PRODUCTS, INC., SUBMITTED THEREPORTS TO THE APPROPRIATE AGENCIES. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF$149,260 COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.04-2008-9221 CAROLINA CHEMICALS, LLC 03/19/2010 EPCRA 325 Action For Penalty





Summary3/19/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 27, 2008 LETTER TO EPA, CAROLINA CERAMINCS DISCLOSED VIOLATIONS OF EPCRA 312AND 313 OF EPCRA, THAT INCLUDED FAILURE TO FILE TIER II AND FORM R REPORTS FOR THE 2005, 2006 AND 2007 REPORTING YEARS FORMANGANESE, WHICH WAS PRESENT AT THE FACILTY EACH YEAR IN AMOUNTS GREATER THAN THE 10,000 POUND PER YR THRESHOLD QUANTITY.THE LETTER ALSO CONTAIN INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY CAROLINA CERAMICS TO COME BACK INTOCOMPLIANCE.04-2008-9225 TRITON SYSTEMS OF

DELAWARE03/09/2010 EPCRA 325 Action For Penalty

3/9/10 - NOTICE OF DETERMINATION ISSUED. IN AN AUGUST 6, 2008, LETTER TO EPA, TSD DISCLOSED VIOLATIONS OF EPCRA SEC 312 AND 313 THATINCLUDED FAILURE TO FILE TIER II AND FORM R REPORTS FOR THE 2007 REPORTING YEAR FOR DIPHENYLMETHANE DIISOCYNATE. THE LETTERCONTAINED INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY TSD TO COME BACK INTO COMPLIANCE. 04-2008-9226 U.S. DEPARTMENT OF

ENERGY, SAVANNAH RIVEROPERATIONS


3/4/2010 - NOTICE OF DETERMINATION ISSUED. DOE SAVANNAH RIVER SITE FAILED TO TIMELY SUBMIT TIER II FORMS FOR ITS FACILITY IN AIKEN,SOUTH CAROLINA, FOR NITRATE COMPOUNDS FOR REPORTING YEARS 2002, 2003, 2004, 2005, AND 2006, TO THE STATE EMERGENCY RESPONSECOMMISSION, THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE, AND THE FIRE DEPARTMENT WITH JURISDICTION IN THE AREA, AS REQUIRED BYSECTION 312 OF EPCRA. DOE SAVANNAH RIVER SITE ALSO FAILED TO TIMELY SUBMIT ACCURATE TRI REPORTS FOR NITRATE COMPOUNDS FORREPORTING YEARS 2002, 2003, 2004, 2005, AND 2006, TO EPA AND THE STATE, AS REQUIRED BY SECTION 313 OF EPCRA. ON OCTOBER 21, 2008, DOESAVANNAH RIVER SITE SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES.04-2008-9227 KBH CORPORATION 02/02/2010 EPCRA 325 Action For Penalty2/2/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT VIOLATED SECTION 312 OF EPCRA BY FAILING TO TIMELY SUBMIT TIER II REPORTSFOR XYLENE FOR REPORTING YEARS 2005, 2006, AND 2007, TO THE STATE EMERGENCY RESPONSE COMMISSION, THE LOCAL EMERGENCYRESPONSE COMMISSION, THE LOCAL EMERGENCY PLANNING COMMITTEE, AND THE FIRE DEPARTMENT WITH JURISDICTION IN THE AREA.RESPONDENT DISCOVERED THE VIOLATIONS ON AUGUST 5, 2008, AND SUBBMITTED THE TIER II REPORTS TO THE APPROPRIATE AGENCIES ON ORABOUT SEPTEMBER 26, 2008.04-2008-9228 DIVERSIFIED STRUCTURAL

COMPOSITES02/19/2010 EPCRA 325 Action For Penalty

2/19/10 - NOTICE OF DETERMINATION ISSUED. IN A JULY 31, 2008, LETTER TO EPA, DSC DISCLOSED VIOLATIONS OF EPCRA SECTION 313 AND 40 CFR372.30, FAILURE TO REPORT FORM R FOR THE 2007 REPORTING YEAR FOR STYRENE, WHICH IS A TOXIC CHEMICAL THAT WAS PRESENT AT THE DSCFAILITY IN AN AMOUNT GREATER THAN THE THRESHOLD QUANTITY OF 10,000 POUNDS DURING THE 2006 CALENDAR YEAR. THE JULY 31, 2008LETTER ALSO CONTAINED INFO CONCERNING CORRECTIVE ACTIONS TAKEN BY DSC TO COME BACK INTO COMPLIANCE.04-2008-9233 R.T. VANDERBILT CO. 02/23/2010 EPCRA 325 Action For Penalty





Summary2/23/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED AUG 26, 2008, R.T. VANDERBILT CO., ADMITTED THE FOLLOWING VIOLATIONS OFEPCRA: R.T. VANDERBILT CO., FAILED TO TIMELY SUBMIT TRI REPORTS FOR BUTOXYTRIGLYCOL FOR REPORTING YRS 2005, 2006, AND 2007 TO EPA AND THESTATE AS REQUIRED BY EPCRA SEC 313. ON SEPT 9, 2009, R.T. VANDERBILT CO., SUBMITTED THE REPORTS TO THE APPROPRIATE AGENCIES. 04-2008-9235 PENN NATIONAL GAMING DBA

BOOMTOWN CASINO02/19/2010 EPCRA 325 Action For Penalty

2/19/10 - NOTICE OF DETERMINATION ISSUED. IN A SEPT 12, 2008, LETTER TO EPA, BOOMTOWN DISCLOSED VIOLATIONS OF SECTION 312 OF EPCRA,THAT INCLUDED THE FOLLOWING VIOLATIONS THAT ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING"INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS." - 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2005 REPORTING YEAR FOR FUEL OIL, PRESENT AT THE FACILITY IN AN AMOUNTGREATER THAN 10,000 POUNDS. - 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2006 REPORTING YEAR FOR FUEL OIL, PRESENT AT THE FACILTY IN AN AMOUNTGREATER THAN 10,000 POUNDS. - 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2007 REPORTING YEAR FOR FUEL OIL, PRESENT AT THE FACILIY IN AN AMOUNTGREATER THAN 10,000 POUNDS. THE LETTER CONTAINED INFO CONCERNING CORRECTIVE ACTIONS TAKEN BY BOOMTOWN TO COME BACK INTO COMPLIANCE.04-2009-0001 DILBAG KHERA - AM FOOD

AND GAS12/17/2009 RCRA 9006 AO For Comp And/Or Pen (UST)

6/1/2009 - COMPLAINT FILED PROPOSING A PENALTY OF $15,544. COMPLAINT ALLEGES: COUNT 1: RESPONDENT FAILED TO COMPLY WITH USTRELEASE DETECTION REQUIREMENTS FOR TANKS AT ITS FACILITY. THESE ACTS OF OMISIONS CONSITUTE A VIOLATION OF SECTION 9030 OF RCRA.COUNT 2: RESPONDENT FAILED TO COMPLY WITH THE RELEASE DETECTION REQUIREMENTS FOR UNDERGROUND PIPING AT ITS FACILITY. THESEACTS OF OMISSIONS CONSTITUTE A VIOLATION OF SECTION 9003 OF RCRA. COUNT 3: RESPONDENT FAILED TO COMPLY WITH THE UST OVERFILLPREVENTION REQUIREMENTS AT THE FACILITY. THESE ACTS OF OMISSIONS CONSTITUTE VILATION OF SECTION 9003 OF RCRA. COUNT 4:RESPONDENT FAILED TO COMPLY WITH UST RECORDKEEPING REQUIREMENTS AT ITS FACILITY. THESE ACTS OR OMISSIONS CONSTITUTEVIOLATIONS OF SECTION 9003 OF RCRA. COUNT 5: RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENT TO PROVIDE INFORMATION WHENREQUESTED BY EPA. THESE ACTS OR OMISSIONS CONSTITUTE VIOLATIONS OF SECTION 9005 OF RCRA. 12/17/09 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $9,500, DIVIDED INTO 4 INSTALLMENT PAYMENTS, INCLUDING INTEREST. ONEPAYMENT OF $2,401.68 MUST BE RECEIVED BY EACH OF THE FOLLOWING DATES: JANUARY 30, 2010; APRIL 30, 2010; JULY 30, 2010; AND OCT 30, 2010.





Summary04-2009-1512 BAGGOTT, THOMAS E. 10/13/2009 CAA 113D1 Action For Penalty10/13/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,224. RESPONDENT SHALL MAKE EIGHT QUARTERLYINSTALLMENT PAYMENTS OVER A TWO YEAR PERIOD. THE FIRST PAYMENT OF $1,088.84 IS DUE BY NOVEMBER 2009. THE LAST PAYMENT IS DUE BYNOVEMBER 2011. ORDER ALLEGES: RESPONDENT FAILED TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITIONACTIVITIES.04-2009-1520 INSTAR SERVICES GROUP 10/13/2009 CAA 113D1 Action For Penalty10/13/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,324. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT IMPROPERLY PREPARED A WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITIES PRIOR TOTHE INITIATION OF DEMOLITION ACTIVITIES.04-2009-1521 RADIANT BUILDERS, LLC 10/13/2009 CAA 113D1 Action For Penalty10/13/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,256, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: SOMETIME AFTER MAY 1, 2009, RESPONDENT DEMOLISHED HOUSING LOCATED IN THE 400 BLOCK OF HICKORY LANE IN ALBANY, GA. RESPONDENTVIOLATED CAA SEC 112 AND 40 CFR 61.145(a) BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OFDEMOLITION ACTIVITIES. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(a) BY FILING TO PROVIDE WRITTEN NOTICE OF INTENTION TODEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. 04-2009-1524 THE PLACE AT AUGUSTA, LLC 10/13/2009 CAA 113D1 Action For Penalty10/13/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,741.00. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITIONACTIVITIES.04-2009-1526 DAVIS APPLIANCE REPAIR,

INC.11/17/2009 CAA 113D1 Action For Penalty





Summary11/17/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,797. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT VIOLATED SECTION 112 OF THE CAA BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OFASBESTOS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT VIOLATED SECTION 112 OF THE CAA BY FAILING TO PROVIDEWRITTEN NOTICE OF INTENTION OT DEMOLISH OR RENOVATE A REGULATED FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.04-2009-2900 GRAFTECH INTERNATIONAL

HOLDINGS, INC.02/25/2010 TSCA 16 Action For Penalty

2/25/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,100, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TOCOMPLETE A SEP. RESPONDENT FAILED TO REGISTER TWO NEWLY-IDENTIFIED PCB TRANSFORMERS WITH EPA WITHIN 30 DAYS AFTER BEING IDENTIFIED, INVIOLATION OF 40 CFR 761.30(a)(1)(vi)(A)(1). RESPONDENT'S FAILURE TO REGISTER THE TWO PCB TRANSFORMERS WITHIN 30 DAYS AFTER DISCOVERING THAT PCB CONCENTRATIONS WEREABOVE 500 PPM, IS A VIOLATION OF 40 CFR 761.30(a)(1)(vi)(A)(1) AND IS CONSTITUTED AS AN UNAUTHORIZED USE OF THE PCB TRANSFORMERSPURSUANT TO 40 CFR 761.30(a)(1)(vi)(D). RESPONDENT'S UNAUTHORIZED USE OF ITS PCB TRANSFORMERS CONSTITUTES A FAILURE TO COMPLY WITH 40 CFR 761.30(a)(1)(vi)(D), WHICH IS AVIOLATION OF TSCA SECTION 15(1)(C). 04-2009-2908 BEALIEU FIBERS AND FABRICS 07/27/2010 TSCA 16 Action For Penalty7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $47,745, DUE WITHIN 30 DAYS. RESPONDENT'S FACILITY IS A USER OF PCB ITEMS OPERATING IN THE STATE OF ALABAMA. ON OR ABOUT DEC 16, 2008, AN INSPECTION WASCONDUCTED BY ADEM AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER SECTION 6(e) OF TSCAPERTAINING TO PCBs. DURING THE INSPECTION, ADEM OBSERVED THAT RESPONDENT HAD TWO LARGE ALLIS CHALMERS TRANSFORMERS IN SERVICE, EACHCONTAINING 500 GALLONS OF DIELECTRIC FLUID. BOTH TRANSFORMERS CONTAINED PCBs IN CONCENTRATION EXCEEDING 500 PPM THEREBYCLASSIFYING THEM AS PCB TRANSFORMERS. ANALYTICAL RESULTS OF SAMPLES COLLECTED BY RESPONDENT BY RESPONDENT FROM THE TWOTRANSFORMERS SHOWED AS FOLLOWS: A. ALLIS CHALMERS TRANSFORMER, SERIAL NUMBER 5017302, LOCATED AT SUBSTATION #1, CONTAINED PCBs AT A CONCENTRATION OF 22,632PPM. B. ALLIS CHALMERS TRANSFORMER, SERIAL NUMBER 5017303, LOCATED AT SUBSTATION #2, CONTAINED PCBs AT A CONCENTRATION OF 25,414PPM. EPA ALLEGES THAT RESPONDENT FAILED TO REGISTER THE TWO PCB TRANSFORMERS IDENTIFIED ABOVE WITH EPA AS REQUIRED BY 40 CFR761,30(a)(1)(vi)(A). THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 15 OF TSCA. PURSUANT TO 40 CFR 761.40(a)(2), OWNERS OF PCB TRANSFORMERS SHALL ENSURE THAT ALL PCB TRANSFORMERS ARE MARKED WITH THE MLMARKING AS DESCRIBED IN 40 CFR 761.45(a). THE TWO TRANSFORMERS DID NOT HAVE THE REQUIRED PCB ML MARKINGS. THEREFORE, EPAALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(a)(2). PURSUANT TO 40 CFR 761.40(j), OWNERS OF PCB TRANSFORMERS SHALL ENSURE THAT ALL ACCESS WAYS TO PCB TRANSFORMERS ARE MARKEDWITH PCB ML MARKINGS AS DESCRIBED IN 40 CFR 761.45(a). THE PCB TRANSFORMER ACCESS WAYS DID NOT HAVE PCB ML MARKINGS.THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(j). PURSUANT TO 40 CFR 761.180(a), A WRITTEN ANNUAL DOCUMENT LOG SHALL BE PREPARED AND MAINTAINED FOR AT LEAST 3 YEARS. NO ANNUALDOCUMENT LOGS WERE MADE AVAILABLE DURING THE INSPECTION. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(a). PURSUANT TO 40 CFR 761.30(a)(1)(ix), QUARTERLY INSPECTIONS SHALL BE PERFORMED ON ALL PCB CONTAINING EQUIPMENT. IN ADDITION,RECORDS OF THESE INSPECTION SHOULD BE KEPT ON SITE. NO RECORDS OF INPSECTIONS WERE MADE AVAILABLE FOR REVIEW AT THE TIME OFEPA'S INSPECTION, ALTHOUGH RESPONDENT LATER PRESENTED EVIDENCE INDICATING THAT INSPECTIONS HAD BEEN CONDUCED. BECAUSE THERECORDS WERE NOT MADE AVAILABLE FOR REVIEW AT THE TIME OF THE INSPECTION, HOWEVER, EPA ALLEGES THAT RESPONDENT VIOLATED 40CFR 761.30(a)(1)(ix).





Summary

7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $47,745, DUE WITHIN 30 DAYS. RESPONDENT'S FACILITY IS A USER OF PCB ITEMS OPERATING IN THE STATE OF ALABAMA. ON OR ABOUT DEC 16, 2008, AN INSPECTION WASCONDUCTED BY ADEM AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER SECTION 6(e) OF TSCAPERTAINING TO PCBs. DURING THE INSPECTION, ADEM OBSERVED THAT RESPONDENT HAD TWO LARGE ALLIS CHALMERS TRANSFORMERS IN SERVICE, EACHCONTAINING 500 GALLONS OF DIELECTRIC FLUID. BOTH TRANSFORMERS CONTAINED PCBs IN CONCENTRATION EXCEEDING 500 PPM THEREBYCLASSIFYING THEM AS PCB TRANSFORMERS. ANALYTICAL RESULTS OF SAMPLES COLLECTED BY RESPONDENT BY RESPONDENT FROM THE TWOTRANSFORMERS SHOWED AS FOLLOWS: A. ALLIS CHALMERS TRANSFORMER, SERIAL NUMBER 5017302, LOCATED AT SUBSTATION #1, CONTAINED PCBs AT A CONCENTRATION OF 22,632PPM. B. ALLIS CHALMERS TRANSFORMER, SERIAL NUMBER 5017303, LOCATED AT SUBSTATION #2, CONTAINED PCBs AT A CONCENTRATION OF 25,414PPM. EPA ALLEGES THAT RESPONDENT FAILED TO REGISTER THE TWO PCB TRANSFORMERS IDENTIFIED ABOVE WITH EPA AS REQUIRED BY 40 CFR761,30(a)(1)(vi)(A). THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 15 OF TSCA. PURSUANT TO 40 CFR 761.40(a)(2), OWNERS OF PCB TRANSFORMERS SHALL ENSURE THAT ALL PCB TRANSFORMERS ARE MARKED WITH THE MLMARKING AS DESCRIBED IN 40 CFR 761.45(a). THE TWO TRANSFORMERS DID NOT HAVE THE REQUIRED PCB ML MARKINGS. THEREFORE, EPAALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(a)(2). PURSUANT TO 40 CFR 761.40(j), OWNERS OF PCB TRANSFORMERS SHALL ENSURE THAT ALL ACCESS WAYS TO PCB TRANSFORMERS ARE MARKEDWITH PCB ML MARKINGS AS DESCRIBED IN 40 CFR 761.45(a). THE PCB TRANSFORMER ACCESS WAYS DID NOT HAVE PCB ML MARKINGS.THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(j). PURSUANT TO 40 CFR 761.180(a), A WRITTEN ANNUAL DOCUMENT LOG SHALL BE PREPARED AND MAINTAINED FOR AT LEAST 3 YEARS. NO ANNUALDOCUMENT LOGS WERE MADE AVAILABLE DURING THE INSPECTION. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(a). PURSUANT TO 40 CFR 761.30(a)(1)(ix), QUARTERLY INSPECTIONS SHALL BE PERFORMED ON ALL PCB CONTAINING EQUIPMENT. IN ADDITION,RECORDS OF THESE INSPECTION SHOULD BE KEPT ON SITE. NO RECORDS OF INPSECTIONS WERE MADE AVAILABLE FOR REVIEW AT THE TIME OFEPA'S INSPECTION, ALTHOUGH RESPONDENT LATER PRESENTED EVIDENCE INDICATING THAT INSPECTIONS HAD BEEN CONDUCED. BECAUSE THERECORDS WERE NOT MADE AVAILABLE FOR REVIEW AT THE TIME OF THE INSPECTION, HOWEVER, EPA ALLEGES THAT RESPONDENT VIOLATED 40CFR 761.30(a)(1)(ix). 04-2009-2913 MPD, INC. 02/25/2010 TSCA 16 Action For Penalty2/25/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,425. RESPONDENT WAS NOT MAINTAINING COMPLETE ANNUALRECORDS FOR PCB TRANSFORMERS AND PCB CAPACITORS AS REQUIRED BY 40 CFR 761.180(a). IN PARTICULAR, RESPONDENT'S RECORDS DID NOTINCLUDE THE FOLLOWING REQUIRED INFORMATION: THE DATE THAT TWO CAPACITORS HAD BEEN REMOVED FROM SERVICE FOR DISPOSAL ANDTHE CORRESPONDING MANIFEST NUMBER OF THE ITEMS. THEREFORE, RESPONDENT VIOLATED SECTION 15 OF TSCA AND 40 CFR 761.180(a).04-2009-3027 SPRING LAKE GARDENS, INC. 02/01/2010 FIFRA 14A Action For Penalty6/4/2009 - COMPLAINT FILED PROPOSING A PENALTY OF $4,600. COMPLAINT ALLEGES: AT THE TIME OF INSPECTION(5/30/2006), THE "VEREEN'S 18-5-9w.86% PENDIMETHALIN 25% PSCU" BEING DISTRIBUTED BY THE RESPONDENT WAS NOT REGISTERED WITH THE EPA. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). 2/1/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $840. FOUR PAYMENTS WILL BE MADE TO COMPLETE PAYMENT OFTHE ENTIRE CIVIL PENALTY, INCLUDING INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAYSINTERVALS THEREAFTER.





Summary04-2009-3040 DOLLAR GENERAL


10/13/09 = CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,265, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT MAY 17, 2007, AN AUTHORIZED REPRESENTATIVE OF EPA CONDUCTED AN INSPECTION AT DOLLAR GENERAL STORE #880, 704 EASTSTREET, PITTSBORO, NC. DURING THE INSPECTION, THE PRODUCT ANTI-BACTERIAL WIPES WAS IDENTIFIED AS BEING OFFERED FOR SALE BY THERESPONDENT. AT THE TIME OF THE INSPECTION, "ANTI-BACTERIAL WIPES" MADE PESTICIDAL CLAIMS ON THE PRODUCT LABEL AND WAS NOTREGISTERED AS A PESTICIDE WITH EPA. UNDER FIFRA SEC 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELLANY PESTICIDE THAT IS NOT REGISTERED UNDER FIFRA SEC 3. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) ON AT LEAST ONE OCCASION AND ISTHEREFORE SUBJECT TO THE ASSESSMENT OF CIVIL PENALTIES UNDER FIFRA SEC 14. 04-2009-3818 VERTUT BLENDING AND

PACKAGING SITE10/20/2009 CERCLA 122h Agrmt For Cost Recovery

10/20/09 - AGMT FOR RECOVERY OF PAST RESPONSE COSTS. RESPONDENTS: OSMOSE, INC.; THE TERMINIX INTERNATIONAL COMPANY L.P.,VELSICAOL CHEMICAL LLC. WITHIN 30 DAYS: OSMOSE, INC. SHALL PAY TO EPA $300,000 TERMINIX SHALL PAY $200,000 VELSICOL CHEMICAL SHALL PAY $50,000. ONE YR FROM EFFECTIVE DATE OF THIS AGMT, VELSICOL SHALL PAY $100,000 PLUS INTEREST.04-2009-4257 UNIVERSITY OF FLORIDA

BOARD OF TRUSTEES(COMMONLY KNOWN ASUNIVERSITY OF FLORIDA)


12/22/2009 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $175,000, DUE WITHIN 30 DAYS.04-2009-4259 METAL CONVERSION

TECHNOLOGIES, INC.01/05/2010 RCRA 3013A AO For Testing & Reporting

1/5/2010 - RCRA 3013 ORDER (ADMINISTRATIVE ORDER REQUIRING MONITORING, TESTING, ANALYSIS, AND REPORTING) ISSUED.04-2009-4260 MOOG, INC. / NORTHRUP

GRUMMAN & ELECTRONICSCOMPANY, INC.

02/12/2010 RCRA 3008H AO For Corrective Action

02/12/2010 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. 04-2009-4261 TRADEMARK NITROGEN






Summary12/10/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON APRIL 20, 2009, EPA AND FDEP CONDUCTED A JOINT RCRA COMPLIANCE EVALUATION INSPECTION (CEI)OF RESPONDENT'SFACILITY. ON OR ABOUT NOV 17, 2008, RESPONDENT CLEANED OUT A PHOSPHORIC ACID TANK WHICH WAS SUBSEQUENTLY TAKEN OUT OFSERVICE. AS A RESULT OF THIS ACTIVITY, RESPONDENT GENERATED A WASTE THAT IS A "SOLID WASTE" AS DEFINED IN 40 CFR 261.2. SAMPLINGRESULTS TAKEN ON DEC 15, 2008, REVEALED THAT THE WASTE CONTAINED LEVELS OF CADMIUM THAT EXCEEDED THE REGULATORY LIMIT. ASECOND SAMPLE TAKEN ON JAN 19, 2009 CONFIRMED THAT THE LEVELS OF CADMIUM WERE ABOVE THE REGULATORY LIMIT. THEREFORE, THEWASTE WAS HAZARDOUS AND BORE THE DESIGNATED WASTE CODE D006. AS A RESULT, EPA ALLEGES THAT THE RESPONENT WAS A GENERATOROF HAZARDOUS WASTE. THE QUANTITY WAS APPROX 90,000 POUNDS; THEREFORE, EPA ALLEGES THAT RESPONDENT WAS A "LARGE QUANTITYGENERATOR" DURING THE TIME PERIOD THIS WAS WAS ACCUMULATED ON-SITE. RESPONDENT FAILED TO SUBMIT NOTIFICATION TO FDEP OF ITSCHANGE IN GENERATOR STATUS FROM "CONDITIONALLY-EXEMPT SMALL QUANTITY GENERATOR" TO "LARGE QUANTITY GENERATOR" OF HAZWASTE - IN VIOLATION OF RULE 62.730.150(2)(b), F.A.C. RESPONDENT'S WASTE WAS STORED IN A CONTAINMENT BIN THAT DID NOT APPEAR TO MEET THE REQUIREMENTS FOR A CONTAINER, TANK, DRIPPAD, OR CONTAINMENT BUILDING SET FORTH IN 40 CFR PART 265, SUBPART J. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC3005 BY FAILING TO MEET THE CONDITIONS FOR EXEMPTION FOUND IN 40 CFR 262.34(a)(1) AND PART 265, SUBPART J, AS ADOPTED BY REFERENCEIN RULE 62-730.180, F.A.C. RESPONDENT STORED THE HAZ WASTE AT ITS TAMPA FACILITY FOR LONGER THAN 90 DAYS PRIOR TO SENDING THE WASTE OFF-SITE. EPATHEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 FOR STORING HAZ WASTE FOR LONGER THAN 90 DAYS WITHOUT OBTAINING APERMIT OR INTERIM STATUS. ON MARCH 16, 2009, RESPONDENT OFFERED FOR TRANSPORT HAZ WASTE SOLVENTS (WASTE CODE D039) WITHOUT PREPARING A PROPER HAZWASTE MANIFEST. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.20. RESPONDENT, AS A RESULT OF FACILITY OPERATIONS, IS A "SMALL QUANTITY HANDLER OF UNIVERSAL WASTE" AS DEFINED IN 40 CFR 273.9, ANDRULE 62-730.185, F.A.C. AT THE TIME OF THE CEI, RESPONDENT HAD NOT LABELED UNIVERSAL WASTE LAMPS OR CONTAINERS OR PACKAGES IN WHICH THEY WERESTORED WITH ONE OF THE FOLLOWING PHRASES: "UNIVERSAL WASTE-LAMP(S)" OR "WASTE LAMP(S)." EPA THEREFORE ALLEGES THERESPONDENT VIOLATED 40 CFR 273.14(e)(1), AND RULE 62.730.185, F.A.C. AT THE TIME OF THE CEI, RESPONDENT WAS NOT STORING UNIVERSAL WASTE LAMPS IN CLOSED CONTAINERS THAT WERE STRUCTURALLY SOUNDAND ADEQUATE TO PREVENT BREAKAGE. EPA THEREFORE ALLEGES THE RESPONDENT VIOLATED 40 CFR 273.13(d)(1) AND RULE 62.185, F.A.C.





Summary04-2009-4804 PONTOTOC UNION LEE

ALLIANCE AND EUTAWCONSTRUCTION COMPANY -BLUE SPRINGS RAIL SPUR


10/6/2009 - ADMINISTRATIVE ORDER ISSUED. RESPONDENT FAILED TO COMPLY WITH THE MDEQ PERMIT, AND FOR DISCHARGES NOT AUTHORIZEDBY THE PERMIT. IN VIOLATION OF CWA SECTIONS 301 AND 402.04-2009-4805 KINGS MOUNTAIN LANDING,

INC. (KINGS MOUNTAINLANDING)






Summary12/4/09 - ADMINISTRATIVE ORDER ISSUED. ON MAY 18, 2009, EPA AND GAEPA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION(CSWEI) AT KINGS MOUNTAIN'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA,THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26, AND THE PERMIT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. SILT FENCES WERE DOWN AND/OR IN NEED OF MAINTENANCE AT OVER 85 PERCENT OF THE DEVELOPMENT. B. INSPECTIONS WERE NOT CONDUCTED BY CERTIFIED PERSONNEL OF VEHICLE ENTRANCE AND EXITS, DISTURBED AREAS, AREAS OF STORAGE,STRUCTURAL CONTROLS, OR AREAS THAT HAVE UNDERGONE FINAL STABILIZATION. C. MONITORING OF NEPHELOMETRIC TURBIDITY IN RECEIVING WATERS OR OUTFALLS WAS NOT BEING CONDUCTED. D. THERE WAS EVIDENCE OF OFFSITE ACCUMULATION OF SEDIMENT INTO AN UNNAMED TRIBUTARY AND THENCE TO LAKE HARTWELL. ALLREASONABLE STEPS WERE NOT TAKEN TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELYAFFECTING HUMAN HEALTH OR THE ENVIRONMENT. E. RECORDS OF MONITORING INFO WERE NOT KEPT ONSITE OR AT A READILY AVAILABLE DESIGNATED ALTERNATE LOCATION. THEREFORE, KINGS MOUNTAIN VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH THE GAEPA PERMIT; AND ALSO FORDISCHARGES NOT AUTHORIZED BY THE GAEPA PERMIT. ORDER REQUIRES: A. IMMEDIATELY, PROPERLY DESIGN, INSTALL AND MAINTAIN BMPs INCLUDING SILT FENCES ALONG THE PERIMETER OF THE DEVELOPMENT. WITHIN30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, BEING CONDUCTING INSPECTIONS BY CERTIFIED PERSONNEL OF VEHICLE ENTRANCE AND EXITS, DISTURBED AREAS, AREAS OFSTORAGE, STRUCTURAL CONTROLS, AND AREAS THAT HAVE UNDERGONE FINAL STABILIZATION. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THATTHIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, BEING MONITORING NEPHELOMETRIC TURBIDITY IN RECEIVING WATERS OR OUTFALLS. WITHIN 30 DAYS, SUBMITDOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, BEING TAKING ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OFADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT. SPECIFICALLY, CEASE THE DISCHARGE OF OFF SITE SEDIMENT INTO AN UNNAMEDTRIBUTARY AND THENSE TO LAKE HARTWELL. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. E. WITHIN 30 DAYS, SUBMIT RECORDS OF MONITORING INFORMATION FROM MAY 2009 UNTIL PRESENT, INCLUDING INSPECTION RESULTS,MONITORING INFORMATION, VIOLATION SUMMARY REPORTS, AND RAINFALL INFORMATION.





Summary04-2009-4807 PONTOTOC UNION LEE

ALLIANCE AND L& TCONSTRUCTION, INC. - BLUESPRINGS NORTH LOOP


10/6/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO COMPLY WITH THE MDEQ PERMIT, AND FOR DISCHARGESNOT AUTHORIZED BY THE PERMIT. IN VIOLATION OF CWA SECTIONS 301 AND 402.04-2009-4808 PEACHY DAIRY, INC. 10/16/2009 CWA 309A AO For Compliance10/16/09 - ADMINISTRATIVE ORDER ISSUED. ON MARCH 23, 2009, EPA REGION 4 AND FDEP PERFORMED A COMPLIANCE EVALUATION INSPECTION(CEI) AT THE FACILITY. DURING THE CEI, EPA REQUESTED COPIES OF ALL RECORDS REQUIRED AS PART OF THE FACILITY'S PERMIT, INCLUDINGRECORDS OF THE SAMPLING RESULTS FOR IMP-2. PART IV.(2) OF THE PERMIT REQUIRES THAT SAMPLE POINT IMP-2 WASTE STORAGE POND NO. 2BE SAMPLED AT LEAST QUARTERLY TO DETERMINE THE NUTRIENT CONTENT. EPA ALSO REQUESTED THE ABOVE INFO IN A 308 LETTER DATED MAY6, 2009. THE SAMPLING RECORDS WERE NOT PROVIDED FOR WASTE STORAGE POND IMP-2. DURING THE MARCH 23, 2009 CEI, EPA OVSERVED THAT THE FACILITY'S MOTRALITIES (I.E., DEAD ANIMALS) HAD BEEN DISPOSED OF ABOVE-GROUND WITH NO SUITABLE SOIL COVER. PART V.C.(1) OF THE PERMIT REQUIRES PROPER MANAGEMENT OF MORTALITIES IN ACCORDANCE WITHSECTION 823.041, OF THE FS. SECTION 823.041(1) OF THE FS REQUIRES THAT DEAD ANIMALS BE BURIED AT LEAST 2 FEET BELOW THE SURFACE OFTHE GROUND. THEREFORE, PEACHY DAIRY VIOLATED THE CWA SEC 402 BY FAILING TO COMPLY WITH APPROVED PERMIT CONDITIONS; AND BYFAILING TO OPERATE AND MAINTAIN THE FACILITY IN ACCORDANCE WITH THE APPROVED OPERATION AND MAINTENANCE PLAN OR NMP WHICH ISPART OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY CEASE THE IMPROPER DISPOSAL OF MORTALITIES; B. IMMEDIATELY COME INTO COMPLIANCE BY DISPOSING OF MORTALITIES ACCORDING TO THE PERMIT, THE FACILITY'S APPROVED NMP, ANDFLORIDA STATUTE, CHAPTER 823.041. C. IMMEDIATELY PROVIDE DOCUMENTATION OF SAMPLE REPORTS FOR SAMPLE POINT IMP-2 WASTE STORAGE POND NO.2 AND SAMPLE POINTIMP-2 STORAGE POND NO. 2 QUARTERLY TO DETERMINE NUTRIENT LEVEL AS REQUIRED BY PART IV2 OF THE PERMIT. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER, PEACHY DAIRY SHALL SUBMIT DOCUMENTATION THAT EACH REQUIREMENT OF THIEORDER HAS BEEN MET. 04-2009-4813 LOUDON UTILITIES 10/01/2009 CWA 309A AO For Compliance





Summary10/1/09 - ADMINISTRATIVE ORDER ISSUED. THE UTILITY PARTICIPATED IN THE EPA REGION 4 MANAGEMENT, OPERATION, AND MAINTENANCE (MOM)PROGRAMS PROJECT. THE UTILITY PARTICIPATED IN THE MOM PROJECT BY CONDUCTING A VOLUNTARY, GOOD FAITH, SELF-ASSESSMENT OF ITSSEWERAGE INFRASTRUCTUR MOM PROGRAMS. ON FEB 8, 2002, THE UTILITY SUBMITTED THE SELF-ASSESSMENT REPORT TO EPA. THEDEFICIENCIES IN THE UTILITY'S SEWERAGE INFRASTRUCTURE MOM PROGRAMS FOUND IN THE SELF-ASSESSMENT LED EPA REGION 4 AND THEUTILITY TO ENTER INTO CONSENT AGMT AND CONSENT ORDER FOR COMPLIANCE NO. CWA-04-2003-4789, FILED ON MARCH 13, 2003. THE CONSENTAGMT REQUIRES THE UTILITY TO DEVELOP AND IMPLEMENT VARIOUS MOM PROGRAMS FOR THE UTILITY'S WASTEWATER COLLECTION ANDTRANSMISSION SYSTEM (CTS) TO ENSURE ELIMINATION OF SSOs. THIS AO SUPERSEDES CONSENT AGMT NO. CWA-04-2003-4789. THE UTILITY HAS VIOLATED SECTION 301(a) OF THE CWA AND PART II OF ITS NPDES PERMIT, IN THAT THE UTILITY FAILED TO OPERATE ANDMAINTAIN THE CTS RESULTING IN DISCHARGED POLLUTANTS FROM SSOs INTO WATERS OF THE U.S. THE UTILITY HAS VIOLATED THE CONDITIONS SET FORTH IN THE CONSENT AGMT BY FAILING TO DEVELOP AND/OR IMPLEMENT, IN WHOLE OR INPART, THE MOM PROGRAMS AS OUTLINE IN PARAGRAPHS 8, 9, AND 10 OF THE CONSENT AGMT AND BY FAILING TO SUBMIT SEMI-ANNUAL REPORTSAS SPECIFIED IN PARAGRAPHS 11, 12, AND 13 OF THE CONSENT AGMT.04-2009-5024 CAMPBELL OIL & GAS

COMPANY10/02/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)10/2/2009 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,000. ON APRIL 20, 2009, RESPONDENT DISCHARGEDAN ESTIMATED 1,900 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON THE UNNAMED CREEK WHICH FLOWS INTO THE WHITE MARSH, WHICHFLOWS INTO THE WACCCAMAW RIVER, WHICH IS PART OF THE LUMBER RIVER BASIN, AND ADJOINING SHORELINES.04-2009-5025 RAPID TRANSPORT 10/01/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)10/1/2009 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. ON JULY 1, 2009, RESPONDENT DISCHARGED ANESTIMATED 100 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON THE PASCAGOULA RIVER AND ADJOINING SHORELINES.04-2009-5027 HUFFMAN OIL CO., INC. 12/02/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)12/2/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,500. ON AUGUST 1, 2009, RESPONDENT DISCHARGED ANESTIMATED 2,879 GALLONS OF OIL INTO OR UPON AN UNNAMED TRIBUTARY OF THE FLAT RIVER AND ADJOINING SHORELINES.04-2009-5141 EAST KENTUCKY POWER

COOPERATIVE, INC.10/23/2009 CWA 311B6B2 AO For Class II Penalty





Summary10/23/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,100. ALLEGATIONS: ON AUG 12, 2007, A TRANSFORMER, OWNED AND OPERATED BY THE RESPONDENT, CONTAINING APPROX 10,000 GALLONS OF MINERAL OILEXPLODED AND DISCHARGED APPROX 6,000 GALLONS OF OIL INTO OR UPON THE OHIO RIVER AND ITS ADJOINING SHORELINES. RESPONDENT'SAUG 12, 2007, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE OHIO RIVERAND/OR ITS ADJOINING SHORELINES, AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3,IN VIOLATION OF SECTION 311(b)(3) OF THE CWA.04-2009-5142 EAST KENTUCKY POWER

COOPERATIVE, INC.10/23/2009 CWA 311B6B2 AO For Class II Penalty

10/23/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $93,936. ALLEGATIONS: ON AUG 12, 2007, RESPONDENT'S 10,000 GALLON TRANSFORMER AT THE H.L. SPURLOCK GENERATING STATION EXPLODED, DISCHARGINGAPPROXIMATELY 6,000 GALLONS OF MINERAL OIL INTO OR UPON THE OHIO RIVER AND ITS ADJOINING SHORELINES. ON DEC 18, 2007, EPA CONDUCTED AN INVESTIGATION OF THE FACILITY TO DETERMINE THE FACILITY'S COMPLIANCE WITH THE REQUIREMENTS OF40 CFR PART 112. ALTHOUGH RESPONDENT HAD AN SPCC PLAN, THE PLAN DID NOT MEET THE REQUIREMENTS OF 40 CFR 112.7 AND 112.8 BECAUSE, AMONG OTHERDEFICIENCIES, EPA DETERMINED THAT IT HAD NOT BEEN UPDATED TO REFLECT THE ADDITION OF NEW EQUIPMENT INSTALLED BY THE FACILITY. INADDITION, THE RESPONDENT FAILED TO PROVIDE CONTAINMENT AS NECESSARY TO COMPLY WITH REQUIREMENTS OF 40 CFR PART 112 FOR ITSOIL CONTAINING EQUIPMENT. 04-2009-5146 WHITE HOUSE UTILITY

DISTRICT11/19/2009 CWA 311B6B1 AO For Class I Penalty





Summary11/19/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON AUGUST 17, 2008, A CSX TRAIN LEAPED THE TRACKS AND CRASHED INTO RESPONDENT'S CHEMICAL STORAGE FACILITY WHERERESPONDENT STORED CHEMICALS USED IN THE TREATMENT OR WATER. RESPONDENT DID NOT CAUSE OR CONTRIBUTE TO THE DERAILMENT,NOR COULD IT HAVE PREVENTED THE DERAILMENT. AS A RESULT OF THE CRASH, THE FOLLOWING HAZARDOUS SUBSTANCES WERE DISCHARGEDIN THE QUANTITIES NOTED BELOW FROM RESPONDENT'S FACILITY INTO AN UNNAMED TRIBUTARY THAT EMPTIES INTO THE CUMBERLAND RIVER. ALUMINUM SULFATE/1.33 - AMOUNT RELEASED - 15,000 GALLONS; SODIUM BISULFITE/1.3 - AMOUNT RELEASED - 2,000 GALLONS; SODIUM HYPOCHLORITE/1.2 - AMOUNT RELEASED - 500 GALLONS. 04-2009-5149 ARCELORMITTAL

GEORGETOWN, INC.10/02/2009 CWA 311B6B1 AO For Class I Penalty

10/2/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,050, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAY 15, 2007, RESPONDENT'S PREDECESSOR IN INTEREST DISCHARGED APPROX 500 GALLONS OF A SUBSTANCE CONTAININGSODIUM NITRATE, WHICH IS IDENTIFIED AS A HAZARDOUS SUBSTANCE IN 40 CFR PART 116 INTO OR UPON THE SAMPIT RIVER AND ADJOININGSHORELINES. 04-2009-5150 ARCELORMITTAL

GEORGETOWN, INC.10/02/2009 CWA 309G2A AO For Class I Penalties

10/2/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3870, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAY 17, 2005, RESPONDENT'S PREDECESSOR IN INTEREST DISCHARGED APPROX 100 GALLONS OF OIL INTO OR UPON THESAMPIT RIVER AND ADJOINING SHORELINES. 04-2009-5151 ARCELORMITTAL


10/2/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2.509, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 28, 2006, RESPONDENT'S PREDECESSOR IN INTEREST DISCHARGED APPROX 50 GALLONS OF OIL INTO OR UPON THESAMPIT RIVER AND ADJOINING SHORELINES.04-2009-5152 ARCELORMITTAL






Summary10/2/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,323, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAY 15, 2006, RESPONDENT'S PREDECESSOR IN INTEREST DISCHARGED APPROX 100 GALLONS OF OIL INTO OR UPON THESAMPIT RIVER AND ADJOINING SHORELINES. 04-2009-5504 WISE, RUSSELL 08/05/2010 CWA 309G2B AO For Class II Penalties9/17/09 - ADMINISTRATIVE COMPLAINT FILED, PROPOSING A PENALTY OF $177,500. ALLEGATIONS: COMMENCING ON OR ABOUT NOV 20, 2002, RESPONDENT OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILLMATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARINGAND FILLING OF WETLANDS FOR A LAKE. RESPONDENT IMPACTED APPROX 18 ACRES OF WETLANDS AND AN ADJACENT STREAM IN CHINNERSSWAMP, WHICH ARE NAVIGABLE WATERS OF THE U.S. CHINNERS SWAMP IS A TRIBUTARY OF THE LITTLE PEE DEE RIVER. AT NO TIME DURING THEDISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE FROM NOV 2002 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDERCWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT NOR DID THOSE ACTIVITIES QUALIFY FOR A PERMITTING EXEMPTIONUNDER CWA SEC 404.04-2009-9031 61 INDUSTRIAL PARK 03/31/2010 Pre-Referral NegotiationTHIS IS A SUPERFUND ALTERNATIVE SITE. THE SITE ONCE HOUSED SEVERAL MANUFACTURING OPERATIONS INCLUDING METAL PLATING,PYROTECHNICS AND ORDNANCE MANUFACTURING, AND MAGNESIUM COATING PROCESS. THE SITE PROPERTY IS OWNED BY THE 61 INDUSTRIALPARK, LTD (THE PARTNERSHIP). ALL PARTNERS OF THE PARTNERSHIP ARE DECEASED. THE PARTNERSHIP FORMER WERE PREDECESSORS ININTEREST TO UNITED TECHNOLOGIES CORP. (UTC). THE PRPs CONDUCTED MANUFACTURING ACTIVITIES AT THE SITE. THE REMEDY SELECTED FORTHE SITE CONSISTS OF ENHANCED REDUCTIVE DECHLORINATION AND MONITORED NATURAL ATTENUATION TO ADDRESS THE GROUNDWATERCONTAMINATION AT THE SITE. THE ROD WAS ISSUED ON SEPT 29, 2008. UTC, ON OF THE PRPs AT THE SITE, COMPLETED THE RI/FS UNDER AN AOC.THE PROPOSED CD PROVIDES: (1) IMPLEMENTATION OF THE REMEDY AS DELINEATED IN THE ROD; (2) PAYMENT OF 100 PERCENT OF ALL FUTURERESPONSE COSTS TO BE INCURRED BY EPA AND DOJ WITH RESPECT TO THE SITE; AND (3) THE PAYMENT OF 100 PERCENT OF OPERATION ANDMAINTENANCE COSTS. UTC HAS AGREED TO IMPLEMENT THE REMEDY. 3/31/10 - CONSENT DECREE ENTERED (04-2010-C011). DEFENDANT: UNITED TECHNOLOGIES CORP.04-2009-9033 CURRAHEE CLUB LLC 06/29/2010 Civil Judicial Action





Summary9/18/2009 - REQUESTS DOJ APPEARANCE IN BANKRUPTCY PROCEEDINGS TO ENSURE CONTINUED PERFORMANCE OF MITIGATION PURSUANT TOCONSENT DECREE ENTERED ON JULY 31, 2006. CURRAHEE CLUB LLC IS A LIMITED LIABILITY CORPORATION CURRENTLY IN CHAPTER 11 BANKRUPTCY PROCEEDINGS. 6/29/10 - ORDER APPROVING COMPROMISE AND SETTLEMENT (04-2010-C016). 04-2009-9034 SANFORD GASIFICATION 12/14/2009 Access Order





SummaryPURSUANT TO CONSULTATION WITH DOJ, EPA IS PROVIDING THIS REFERRAL TO REQUEST THAT DOJ FILE A MOTION FOR ACCESS FOR CERTAINPARCELS OF PROPERTY NECESSARY FOR THE IMPLEMENTATION OF THE RD/RA WHICH IS THE SUBJECT MATTER OF A CD FOR 3 OUs ENTERED ONJAN 15, 2009. EPA REQUESTS THAT DOJ OBTAIN ACCESS ON BEHALF OF THE U.S. AND THE SANFORD PRP GROUP TO PROPERTY FORMERLY OWNEDBY CSZ TRANSPORTATION, INC (CSXT) FOR WHICH THERE IS NOW NO APPARENT IDENTIFIABLE OWNER. IN MAY 2006, THE SANFORD GROUP, INRECOGNITION OF ITS REQUIREMENT TO OBTAIN ACCESS FOR ALL PROPERTY NECESSARY TO IMPLEMENT THE RD/RA PURSUANT TO THE CD,REACHED AN AGREEMENT WITH CSXT TO HAVE CSXT CONVEY CERTAIN PARCELS WHICH WOULD BE CRUCIAL TO THE IMPLEMENTATION OF THE RD/RA TO THE SANFORD GROUP. IN PREPARATION FOR THE CONVEYANCE, AN IN DEPTH TITLE SEARCH REVEALED THE POSSIBILITY OF AN AUTOMATICREVERTER IN THE ORIGINAL WARRANTY DEED. ON JULY 14, 2009, THE HONORABLE NANCY ALLEY RULED THAT THE CSXT PROPERTY REVERTEDBACK TO THE ORIGINAL LAND GRANTEE (TRUSTEES) CSXT MADE VERY ATTEMPT REQUIRED BY LAW TO IDENTIFY AND LOCATE THE TRUSTEES TONO AVAIL. EPA AND THE SANFORD GAS PLANT GROUP ARE SCHEDULED TO BEGIN STAGING A TEMPORARY SURFACE WATER RETENTION PONT ANDCONSTRUCTION OF PERMANENT DISPOSITION FOR SURFACE WATER RUNOFF AT THE LOCATION OF THE FORMER CSXT PROPERTY THE FIRSTWEEK OF NOV 2009. IT IS IMPERATIVE THAT EPA ADHERE TO THIS SCHEDULE FOR RD/RA INITATION. THEREFORE, TIME IS OF THE ESSENCE INGAINING ACCESS TO THESE PARTICULAR PARCELS AS IT IS ONE OF THE INITIAL TASKS FOR RESPONSE. MOREOVER, THE SANFORD COMMUNITY ISEAGER FOR CLEANUP TO BE UNDERWAY. THE SCOPE OF THE REMEDY FOR OU1 INVOLVES THE REMOVAL OF CONTAMINATED SURFACE ANDSUBSURFACE SOIL ($10,800,000). THE REMEDY FOR OU 2 INVOLVES GROUNDWATER SAMPLING AND MONITORED NATURAL ATTENUATION OFGROUNDWATER FOLLOWING REMOVAL OF SURFACE AND SUBSURFACE SOILS IMPLEMENTED IN OU 1 ($320,252). OU 3 WILL ADDRESS SEDIMENTSAT THE SITE ($1,400,000). 12/14/09 - ACCESS ORDER. DEFENDANT: "TWO PARCELS OF LAND LOCATED IN THE TOWN OF SANFORD, FL, FORMERLY DEEDED TO CSXTRANSPORTATION, INC., IN REM. PARCEL 1: THE EAST HALF OF BLOCK THREE OF TIER 12 OF E.R. TRAFFORD'S SURVEY OF TOWN OF SANFORD, FL;PARCEL 2: THE EAST HALF OF BLOCK FOUR OF TIER 12 OF E.R. TRAFFORD'S SURVEY OF TOWN OF SANFORD, FL. ORDER STATES: "SUCH ACCESSIS GRANTED FOR THE PURPOSES OF EFFECTUATING REPONSE ACTIONS SELECTED BY THE U.S. EPA AT AND AROUND DEFENDANT PROPERTIES.ACCESS SHALL BE FOR SUCH DURATION AS IS NECESSARY TO IMPLEMENT THE SELECTED RESPONSE ACTION AT AND AROUND DEFENDANTPROPERTIES, INCLUDING BUT NOT LIMITED TO: REMEDIAL DESIGN, IMPLEMENTATION OF THE SELECTED REMEDY, OPERATION AND MAINTENANCEOF THE SELECTED REMEDY AND MONITORING TO ENSURE ITS EFFECTIVENESS THROUGH INSPECTIONS, SAMPLING AND FIVE-YEAR REVIEWACTIONS."04-2009-9101 TENNESSEE VALLEY

AUTHORITY05/25/2010 CERCLA 109 Action For Penalty





Summary5/25/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO MAKE IMMEDIATE NOTIFICATION AS SOON ASTHE COMPANY HADKNOWLEDGE OF RELEASES OCCURRING ON SEPTEMBER 10, AND 18, 2008, OF DEPOSITROL IN QUANTITIES GREATER THAN THE REPORTABLEQUANTITY TO THE NATIONAL RESPONSE CENTER, AS REQUIRED BY SECTION 103(a) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,COMPENSATION AND LIABILITY ACT (CERCLA), AND TO THE STATE EMERGENCY RESPONSE COMMISSION AND THE LOCAL EMERGENCY PLANNINGCOMMITTEE, AS REQUIRED BY SECTION 304(a) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT (EPCRA). ON OR BEFORESEPTEMBER 24, 2008, RESPONDENT REPORTED THE RELEASES TO THE APPROPRIATE AGENCIES.04-2009-9101 TENNESSEE VALLEY

AUTHORITY05/25/2010 EPCRA 325 Action For Penalty

5/25/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO MAKE IMMEDIATE NOTIFICATION AS SOON ASTHE COMPANY HADKNOWLEDGE OF RELEASES OCCURRING ON SEPTEMBER 10, AND 18, 2008, OF DEPOSITROL IN QUANTITIES GREATER THAN THE REPORTABLEQUANTITY TO THE NATIONAL RESPONSE CENTER, AS REQUIRED BY SECTION 103(a) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,COMPENSATION AND LIABILITY ACT (CERCLA), AND TO THE STATE EMERGENCY RESPONSE COMMISSION AND THE LOCAL EMERGENCY PLANNINGCOMMITTEE, AS REQUIRED BY SECTION 304(a) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT (EPCRA). ON OR BEFORESEPTEMBER 24, 2008, RESPONDENT REPORTED THE RELEASES TO THE APPROPRIATE AGENCIES.04-2009-9109 HENDRICKSON TRUCK

SUSPENSION SYSTEMS04/20/2010 EPCRA 325 Action For Penalty

4/20/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO TIMELY SUBMIT TOXIC RELEASE INVENTORY (TRI) FORMS FORMANGANESE AND NICKEL FOR REPORTING YEARS, 2005, 2006, AND 2007, TO EPA AND THE STATE AS REQUIRED BY SECTION 313 OF EPCRA.RESPONDENT SUBMITTED THE TRI REPORTS TO THE APPROPRIATE AGENCIES ON OCTOBER 31, 2008.04-2009-9113 CUMBERLAND UNIVERSITY 03/18/2010 CWA 309G2A AO For Class I Penalties





Summary3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER TO EPA, CUMBERLAND UNIVERSITY DISCLOSED VIOLATIONS OF THE CAA, CWA, RCRA,AND TSCA. ON FEB 5, 2009, CUMBERLAND UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADD'L INFO, INCLUDING THECORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. IN THIS REPORT, THE UNIVERSITY DISCLOSED THE FOLLOWINGVIOLATIONS: CWA: 1. 40 CFR 403.5, DISCHARGE TO PUBLICLY OWNED TREATMENT WORKS WITHOUT A PERMIT (2 VIOLATIONS, MEMORIAL HALL; 1 VIOLATION, LAWLORHOUSE). RCRA: 2. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (1 VIOLATION, CAMPUS WIDE; 6 VIOLATIONS, MEMORIAL HALL; 3 VIOLATIONS,LAWLOR HOUSE). 3. 40 CFR 273.16, FAILURE TO TRAIN EMPLOYEES IN THE HANDLING OF UNIVERSAL WASTE (1 VIOLATION, CAMPUS WIDE). 4. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTOTHE ENVIRONMENT (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION, JUSTIN POTTER HALL). 5. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION JUSTIN POTTERHALL). 6. 40 CFR 279.22, FAILURE TO LABEL OR MARK CONTAINERS USED TO STORE USED OIL WITH THE WORDS, "USED OIL" (1 VIOLATION, MITCHELLSTUDENT CENTER; 2 VIOLATIONS, MEMORIAL HALL). TCSA: 7. 40 CFR 745.107, FAILURE TO PROVIDE LESSES WITH AVAILABLE RECORDS AND REPORTS PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS FOR TARGET HOUSING (3 RENTAL PROPERTIES WHICH INCLUDES 4 APARTMENTS). IN ADDITION, EPA HAS DETERMINED THAT THE CAA VIOLATION OF 40 CFR 70.5, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TODETERMINE TITLE V APPLICABILITY, WAS NOT A VIOLATION. THEREFOR, THIS SELF-DISCLOSED VIOLATION IS NOT COVERED BY THIS NOD.04-2009-9113 CUMBERLAND UNIVERSITY 03/18/2010 RCRA 3008A AO For Comp And/Or Penalty





Summary3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER TO EPA, CUMBERLAND UNIVERSITY DISCLOSED VIOLATIONS OF THE CAA, CWA, RCRA,AND TSCA. ON FEB 5, 2009, CUMBERLAND UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADD'L INFO, INCLUDING THECORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. IN THIS REPORT, THE UNIVERSITY DISCLOSED THE FOLLOWINGVIOLATIONS: CWA: 1. 40 CFR 403.5, DISCHARGE TO PUBLICLY OWNED TREATMENT WORKS WITHOUT A PERMIT (2 VIOLATIONS, MEMORIAL HALL; 1 VIOLATION, LAWLORHOUSE). RCRA: 2. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (1 VIOLATION, CAMPUS WIDE; 6 VIOLATIONS, MEMORIAL HALL; 3 VIOLATIONS,LAWLOR HOUSE). 3. 40 CFR 273.16, FAILURE TO TRAIN EMPLOYEES IN THE HANDLING OF UNIVERSAL WASTE (1 VIOLATION, CAMPUS WIDE). 4. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTOTHE ENVIRONMENT (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION, JUSTIN POTTER HALL). 5. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION JUSTIN POTTERHALL). 6. 40 CFR 279.22, FAILURE TO LABEL OR MARK CONTAINERS USED TO STORE USED OIL WITH THE WORDS, "USED OIL" (1 VIOLATION, MITCHELLSTUDENT CENTER; 2 VIOLATIONS, MEMORIAL HALL). TCSA: 7. 40 CFR 745.107, FAILURE TO PROVIDE LESSES WITH AVAILABLE RECORDS AND REPORTS PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS FOR TARGET HOUSING (3 RENTAL PROPERTIES WHICH INCLUDES 4 APARTMENTS). IN ADDITION, EPA HAS DETERMINED THAT THE CAA VIOLATION OF 40 CFR 70.5, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TODETERMINE TITLE V APPLICABILITY, WAS NOT A VIOLATION. THEREFOR, THIS SELF-DISCLOSED VIOLATION IS NOT COVERED BY THIS NOD.04-2009-9113 CUMBERLAND UNIVERSITY 03/18/2010 TSCA 16 Action For Penalty





Summary3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER TO EPA, CUMBERLAND UNIVERSITY DISCLOSED VIOLATIONS OF THE CAA, CWA, RCRA,AND TSCA. ON FEB 5, 2009, CUMBERLAND UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADD'L INFO, INCLUDING THECORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. IN THIS REPORT, THE UNIVERSITY DISCLOSED THE FOLLOWINGVIOLATIONS: CWA: 1. 40 CFR 403.5, DISCHARGE TO PUBLICLY OWNED TREATMENT WORKS WITHOUT A PERMIT (2 VIOLATIONS, MEMORIAL HALL; 1 VIOLATION, LAWLORHOUSE). RCRA: 2. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (1 VIOLATION, CAMPUS WIDE; 6 VIOLATIONS, MEMORIAL HALL; 3 VIOLATIONS,LAWLOR HOUSE). 3. 40 CFR 273.16, FAILURE TO TRAIN EMPLOYEES IN THE HANDLING OF UNIVERSAL WASTE (1 VIOLATION, CAMPUS WIDE). 4. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTOTHE ENVIRONMENT (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION, JUSTIN POTTER HALL). 5. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION JUSTIN POTTERHALL). 6. 40 CFR 279.22, FAILURE TO LABEL OR MARK CONTAINERS USED TO STORE USED OIL WITH THE WORDS, "USED OIL" (1 VIOLATION, MITCHELLSTUDENT CENTER; 2 VIOLATIONS, MEMORIAL HALL). TCSA: 7. 40 CFR 745.107, FAILURE TO PROVIDE LESSES WITH AVAILABLE RECORDS AND REPORTS PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS FOR TARGET HOUSING (3 RENTAL PROPERTIES WHICH INCLUDES 4 APARTMENTS). IN ADDITION, EPA HAS DETERMINED THAT THE CAA VIOLATION OF 40 CFR 70.5, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TODETERMINE TITLE V APPLICABILITY, WAS NOT A VIOLATION. THEREFOR, THIS SELF-DISCLOSED VIOLATION IS NOT COVERED BY THIS NOD.04-2009-9116 ZSCHIMMER & SCHWARZ, INC. 10/28/2009 EPCRA 325 Action For Penalty





Summary10/28/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED NOV 12, 2008, ZSCHIMMER & SCHWARZ, INC., ADMITTING THE FOLLOWINGVIOLATIONS OF EPCRA: ZSCHIMMER & SCHWARZ FAILED TO TIMELY SUBMIT TIER II REPORTS FOR ITS FACILITY IN MILLEDGEVILLE, GA, FOR SODIUM HYDROXIDE SOLUTION50%, FOR REPORTING YEAR 1007, TO THE STATE EMERGENCY RESPONSE COMMISSION, THE LOCAL EMERGENCY PLANNING COMMITTEE, AND THELOCAL FIRE DEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SEC 312. ZSCHIMMER & SCHWARZ, INC., FAILING TO TIMELY SUBMITTRI FORMS FOR ACETOPHENONE FOR REPORTING YEAR 2005 FOR ETHYLENE GLYCOL FOR REPORTING YEARS 2006 AND 2007, AND FOR FORMICACID FOR REPORTING YEAR 2007, TO EOPA AND THE STATE AS REQUIRED BY EPCRA SEC 313. ZSCHIMMER & SCHWARZ, INC., DISCOVER THEVIOLATIONS ON NOV 4, 2008, FOLLOWING A COMPLIANCE ENVIRONMENTAL AUDIT. ZSCHIMMER & SCHWARZ, INC., SUBMITTED THE REPORTS TO THEAPPROPRIATE AGENCIES ON NOV 12, 2008. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF $123,904COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.04-2009-9118 AMERICAN STANDARD

BRANDS01/27/2010 EPCRA 325 Action For Penalty

1/27/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED OCT 14, 2008, AMERICAN STANDARD BRANDS, ADMITTED THE FOLLOWINGVIOLATIONS OF EPCRA: AMERICAN STANDARD BRANDS, FAILED TO TIMELY SUBMIT TOXIC RELEASE INVENTORY FORMS FOR ITS CRANE PLUMBING FACILITY IN SOMERSET,KY, FOR TOLUENE, METHYL ISOBUTYL KETONE FOR REPORTING YEAR 2007, TO EPA AND THE STATE AS REQUIRED BY EPCRA SEC 313. ON OCT 11,2008, AMERICAN STANDARD BRANDS SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES. 04-2009-9123 FIBER COMPOSITES, LLC 12/10/2009 EPCRA 325 Action For Penalty12/10/09 - NOTICE OF DETERMINATION ISSUED. IN AN ELECTRONIC DISCLOSURE SUBMITTED ON DEC 6, 2008, FIBER COMPOSITES, LLC, ADMITTED TOFOLLOWING VIOLATIONS OF EPCRA: FIBER COMPOSITES, LLC, FAILED TO TIMELY SUBMIT TRI FORMS FOR ITS FACILITY IN NEW LONDON, NC, FOR LEAD AND ZINC COMPOUNDS FORREPORTING YEARS 2005, 2006, AND 2007, TO EPA AND THE STATE, AS REQUIRED BY EPCRA SEC 313. ON JAN 20, 2008, FIBER COMPOSITES, LLC,SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES. 04-2009-9129 SYNGENTA CROP

PROTECTION, INC.12/08/2009 FIFRA 14A Action For Penalty

12/08/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,500 DUE WITHIN 30 DAYS. ON MARCH 21, 2008, RESPONDENTVOLUNTARILY DISCLOSED TO EPA BY TELEPHONE THE VIOLATIONS OF FAILURE TO FILE 4 NOTICES OF ARRIVAL OF PESTICIDES AND DEVICES, EPAFORM 3540-1, AND PROVIDED WRITTEN NOTIFICATION TO EPA IN CORRESPONDENCE DATED MARCH 28, 2009. RESPONDENT IMPORTED INTO THEU.S. ONE SHIPMENT OF BACILLUS FIRMUS AS AN UNREGISTERED ACTIVE INGREDIENT IN 2007, AND THREE OTHER SEPARATE IMPORTATIONS OFSUGAR BEET SEED TREATED WITH ABAMECTIN TECHNICAL, EPA REG. NO. 100-895, AND BACILLUS FIRMUS IN 2007 WITHOUT THE SUBMISSION OFNOTICE OF ARRIVAL FORMS TO EPA. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(N) ON AT LEAST 4 OCCASIONS.





Summary04-2009-9130 ROYAL MOULDINGS, LTD., CO. 03/09/2010 EPCRA 325 Action For Penalty3/9/10 - NOTICE OF DETERMINATION ISSUED. IN A DEC 17, 1008, LETTER TO EPA, RMLC DISCLOSED VIOLATION OF EPCRA SEC 312, THAT INCLUDEDTHE FOLLOWING VIOLATIONS THAT ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE PEA POLICY REGARDING "INCENTIVES FORSELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS." - 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2005, 2006, AND 2007 REPORTING YEARS FOR STEARIC ACID, PRESENT AT THEFACILITY IN AN AMOUNT GREATER THAN 10,000 POUNDS. THE DEC 17, 2008, LETTER ALSO CONTAINED INFO CONCERNING CORRECTIVE ACTIONS TAKEN BY RMLC TO COME BACK INTO COMPLIANCE. 04-2009-9131 KUBOTA MANUFACTURING OF

AMERICA CORP.11/13/2009 EPCRA 325 Action For Penalty

11/13/2009 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED DEC 10, 2008, KUBOTA MANUFACTURING OF AMERICA CORP., THRU ITSENVIRONMENTAL CONSULTANT, VANGUARD ENVIRONMENTAL INC., ADMITTED THE FOLLOWING VIOLATIONS OF EPCRA: KUBOTA MANUFACTURING OF AMERICA CORP., FAILED TO TIMELY SUBMIT A TRI FORM FOR ITS FACILITY IN GAINESVILLE, GA, FOR CERTAIN GLYCOLETHERS, CHROMIUM, ETHYLENE GLYCOL, MANGANESE, NICKEL, SODIUM NITRITE, AND ZINC COMPOUNDS FOR REPORTING YEARS 2005 AND 2006TO EPA AND THE STATE, AS REQUIRED BY EPCRA SEC 313. ON DEC 5, 2008, KUBOTA MANUFACTURING OF AMERICA CORP., SUBMITTED THE FORMSTO THE APPROPRIATE AGENCIES. 04-2009-9148 CHEM-TECK, INC. 02/19/2010 EPCRA 325 Action For Penalty2/19/10 - NOTICE OF DETERMINATION ISSUED. ON FEBRUARY 6, 2009, CHEM-TECK DISCLOSED VIOLATIONS OF EPCRA SEC 312 THAT INCLUDED THEFOLLOWING VIOLATIONS THAT ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS." - 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR THE 2005, 2006, AND 2007 REPORTING YEARS FOR HYDROFLUORIC ACID, SULPHURICACID, AND SODIUM HYDROXIDE, WHICH WERE EACH PRESENT AT THE FACILITY IN AN AMOUNT GREATER THAN 10,000 POUNDS. THE SELF-DISCLOSURE ALSO CONTAINED INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY CHEM-TECK TO COME BACK INTOCOMPLIANCE.04-2009-9157 GIVAUDAN FLAVORS CORP. 02/23/2010 EPCRA 325 Action For Penalty





Summary2/23/10 - NOTICE OF DETERMINATION ISSUED. IN ITS DISCLOSURES SUBMITTED ON MARCH 2, 2009 AND JULY 2, 2009, GIVAUDAN FLAVORS CORPADMITTED THE FOLLOWING VIOLATIONS OF EPCRA: FIVAUDAN FLAVORS CORP FAILED TO TIMELY SUBMIT FOR ITS FACILITY IN FLORENCE, KY, ACCURATE TRI FORMS FOR NITRIC ACID FOR REPORTINGYEAR 2007, TO EPA, AND THE STATE, AS REQUIRED BY EPCRA SEC 313. ON MARCH 3, 2009, GIVAUDAN FLAVORS CORP. SUBMITED THE FORMS TOTHE APPROPRIATE AGENCIES. ON JULY 9, 2009, GIVAUDAN FLAVORS CORPORATION SENT REVISED TRI FORMS TO THE APPROPRIATE AGENCIES TOCORRECT A DATA QUALITY ERROR FOUND AFTER THE INITIAL SUBMITTAL.04-2009-9158 E&C CHEMICALS, INC. 03/19/2010 EPCRA 325 Action For Penalty3/19/10 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 3, 2009, LETTER TO EPA, E&C DISCLOSED VIOLATIONS OF EPCRA SEC 312 THAT INCLUDEDFAILURE TO FILE TIER II REPORTS FOR THE 2006 AND 2007 REPORTING YEARS FOR CHEMCIALS PRESENT AT THE FACILITY EACH YEAR IN AMOUNTSGREATER THAN THE 500 POUND THRESHOLD QUANTITY. THE CHEMICALS WERE PRESENT AT THE FACILITY DURING BOTH REPORTING YEARS, ANDINCLUDED SULFURIC ACID 90%, SULFURIC ACID 78%, SULFURIC ACID 50%, A 433, ALUMINUM SULFATE, NITROGEN 19% SOLUTION, NONYLPHENOL 9.0SURFACTANT, NUTRIENT 22-4, PHOSPORIC ACID 75%, PHOSPORIC ACID 85%, POTASSIUM HYDROXIDE 25%, SANIWISE SIX, SODIUM HYDROXIDE 25%,SODIUM HYDROXIDE 50%, SODIUM HYPOCHLORITE, AND VERSENE 100. THE MARCH 3, 2009, LETTER ALSO CONTAINED INFO CONCERNING THECORRECTIVE ACTION TAKEN BY E&C TO COME BACK INTO COMPLIANCE.04-2009-9160 SOUTHERN ALUMINUM

FINISHING CO.02/02/2010 EPCRA 325 Action For Penalty

2/2/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO TIMELY SUBMIT A TOXIC RELEASE INVENTORY FOR ITS FACILITY INATLANTA, GEORGIA FOR GLYCOL ETHERS FOR REPORTING YEAR 2007, TO EPA AND THE STATE, AS REQUIRED BY SECTION 313 OF EPCRA. ONFEBRUARY 27, 2009, RESPONDENT SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES.04-2009-9168 KEMIRA WATER SOLUTIONS,


2/19/10 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 6, LETTER TO EPA, KEMIRA DISCLOSED THAT IT HAD VIOLATED EPCRA SEC 312 AND 40CFR 370.44 BY FAILING TO SUBMIT TIER II REPORTS FOR THE 2007 REPORTING YEAR FOR THE FOLLOWING CHEMICALS: HYDROCHLORIC ACID,ALUMINA, ALUMINUM CHLOROHYDRATE, ALUMINUM SULPHATE, CAUSTIC SODA, PHOSPHORIC ACID, SODIUM AALUMINATE, SODIUM CARBONATEAND SULPHURIC ACID. THE VIOLATIONS ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING "INCENTIVE FORSELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS." THE LETTER CONTAINED INFO CONCERNINGCORRECTIVE ACTIONS TAKEN BY KEMIRA TO COME BACK INTO COMPLIANCE.04-2009-9169 GOLDEN PEANUT COMPANY 03/04/2010 EPCRA 325 Action For Penalty3/4/10 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 4, 2009 LETTER TO EPA, GOLDEN PEANUT COMPANY DISCLOSED VIOLATIONS OF EPCRASEC 311 AND 312. THE VIOLATIONS ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING "INCENTIVES FORSELF-POLICYING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS." THE MARCH 4, 2009, LETTER ALSO CONTAINED INFOCONCERNING THE CORRECTIVE ACTION TAKEN BY GOLDEN PEANUT TO COME BACK INTO COMPLIANCE. VIOLATIONS: HEADLAND, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ROBERTSDALE, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2007 REPORTING YR. GREENWOOD, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PRONAE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTS YRS. HIGH SPRINGS, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ASHBURN, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 270.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID FAND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. BLAKELY, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR SULFURIC ACID, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. CAMILLA, GA: - EPCRA 311 AND 40 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. DONALSONVILLE, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. LENOX, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZARDOUS CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. AULANDER, NC: - EPCRA 311 AND 40 CFR 270.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID, LEAD, AND PROPANE AT THE FACILITY BY SUBMITTING MSDSOR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID, LEAD AND PROPANE PRESENT AT THE FACILITY INAMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS.





Summary

3/4/10 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 4, 2009 LETTER TO EPA, GOLDEN PEANUT COMPANY DISCLOSED VIOLATIONS OF EPCRASEC 311 AND 312. THE VIOLATIONS ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING "INCENTIVES FORSELF-POLICYING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS." THE MARCH 4, 2009, LETTER ALSO CONTAINED INFOCONCERNING THE CORRECTIVE ACTION TAKEN BY GOLDEN PEANUT TO COME BACK INTO COMPLIANCE. VIOLATIONS: HEADLAND, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ROBERTSDALE, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2007 REPORTING YR. GREENWOOD, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PRONAE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTS YRS. HIGH SPRINGS, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ASHBURN, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 270.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID FAND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. BLAKELY, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR SULFURIC ACID, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. CAMILLA, GA: - EPCRA 311 AND 40 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. DONALSONVILLE, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. LENOX, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZARDOUS CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. AULANDER, NC: - EPCRA 311 AND 40 CFR 270.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID, LEAD, AND PROPANE AT THE FACILITY BY SUBMITTING MSDSOR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID, LEAD AND PROPANE PRESENT AT THE FACILITY INAMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS.





Summary

3/4/10 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 4, 2009 LETTER TO EPA, GOLDEN PEANUT COMPANY DISCLOSED VIOLATIONS OF EPCRASEC 311 AND 312. THE VIOLATIONS ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING "INCENTIVES FORSELF-POLICYING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS." THE MARCH 4, 2009, LETTER ALSO CONTAINED INFOCONCERNING THE CORRECTIVE ACTION TAKEN BY GOLDEN PEANUT TO COME BACK INTO COMPLIANCE. VIOLATIONS: HEADLAND, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ROBERTSDALE, AL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2007 REPORTING YR. GREENWOOD, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PRONAE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTS YRS. HIGH SPRINGS, FL: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. ASHBURN, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 270.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID FAND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. BLAKELY, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR SULFURIC ACID, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. CAMILLA, GA: - EPCRA 311 AND 40 370.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID AND LEAD AT THE FACILITY BY SUBMITTING MSDS OR HAZCHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID AND LEAD, PRESENT AT THE FACILITY IN AMOUNTSGREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. DONALSONVILLE, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YEARS. LENOX, GA: - EPCRA 311 AND 40 CFR 370.30, FAILURE TO REPORT PRESENCE OF PROPANE AT FACILITY BY SUBMITTING MSDS OR HAZARDOUS CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR PROPANE, PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. AULANDER, NC: - EPCRA 311 AND 40 CFR 270.30, FAILURE TO REPORT PRESENCE OF SULFURIC ACID, LEAD, AND PROPANE AT THE FACILITY BY SUBMITTING MSDSOR HAZ CHEMICAL LIST. - EPCRA 312 AND 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORTS FOR SULFURIC ACID, LEAD AND PROPANE PRESENT AT THE FACILITY INAMOUNTS GREATER THAN 10,000 LBS DURING THE 2006 AND 2007 REPORTING YRS. 04-2009-9170 INNOVATIVE CIRCUITS, INC. 03/19/2010 EPCRA 325 Action For Penalty03/19/2010 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 19, 2009, LETTER TO EPA, INNOVATIVE CIRCUITS DISCLOSED VIOLATIONS OF EPCRASECTION 312, THAT INCLUDED FAILURE TO FILE TIER II REPORTS FOR THE 2008 REPORTING YR FOR AMMONIA, NITRIC ACID AND SULPHURIC ACID,WHICH WERE PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN THE 500 POUND THRESHOLD QUANTITY. THE MARCH 19, 2009 LETTER ALSOCONTAINED INFO CONCERNING CORRECTIVE ACTIONS TAKEN BY INNOVATIVE CIRCUITS TO COME BACK INTO COMPLIANCE.04-2009-9171 SUMINOE TEXTILE OF

AMERICA CORPORATION, LLC03/04/2010 EPCRA 325 Action For Penalty





Summary3/4/10 - NOTICE OF DETERMINATION ISSUED. IN A MARCH 27, 2009, LTR TO EPA, SUMINOE DISCLOSED THE FOLLOWING VIOLATIONS OF EPCRA SEC312: - 40 CFR 270.44, FAILURE TO SUBMIT TIRE II REPORT FOR THE 2006, 2007, AND 2008 REPORTING YEARS FOR FUEL OIL, PRESENT AT THE FACILITY INAN AMOUNT GREATER THAN 10,000 POUNDS. THE VIOLATIONS ARE RECOGNIZED BY THIS NOD AS MEETING THE TERMS OF THE EPA POLICY REGARDING "INCENTIVES FOR SELF-POLICING:DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS." THE MARCH 27, 2009 LETTER ALSO CONTAINED INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY SUMINOE TO COME BACK INTOCOMPLIANCE.04-2009-9174 SYNGENTA CROP

PROTECTION, INC.11/04/2009 FIFRA 14A Action For Penalty

11/4/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $31,200. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT VOLUNTARILY DISCLOSED TO EPA REGION BY ELECTRONIC MAIL ON MARCH 27, 2009 AND BY LETTERDATED APRIL 2, 2009. RESPONDENT DETERMINED THAT THE CONTAINERS OF CRUISERMAXX CEREALS WERE UNDER FILLED AND SHIPPED AT LEASTEIGHT TIMES TO DISTRIBUTORS IN MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA AND MONTANA. ACCORDING TO SECTION 2(q)(1)(A) OF FIFRA, 7U.S.C SECTION 136(q)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATIONRELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MISLEADING. RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA, ON AT LEASTEIGHT SEPARATE OCCASIONS. 04-2009-9187 CENTRAL FLORIDA

COMMUNITY COLLEGE12/18/2009 CAA 113D1 Action For Penalty

12/18/09 - NOTICE OF DETERMINATION ISSUED. IN A MAY 12, 2009, LETTER TO EPA, CENTRAL FLORIDA COMMUNITY COLLEGE DISCLOSED ONEVIOLATION, IDENTIFIED IN CAA SECTION 608(c). SECTION 608(c) MAKES IT UNLAWFUL FOR ANY PERSON, IN THE COURSE OF MAINTAINING,SERVICING, REPAIRING, OR DISPOSING OF AN APPLIANCE OR INDUSTRIAL PROCESS REFRIGERATION, TO "KNOWINGLY VENT OR OTHERWISEKNOWINGLY RELEASE OF DISPOSE OF ANY CLASS I OR CLASS II SUBSTANCE USED AS A REFRIGERANT IN SUCH APPLIANCE (OR INDUSTRIALPROCESS REFRIGERATION) IN A MANNER WHICH PERMITS SUCH SUBSTANCE TO ENTER THE ENVIRONMENT." PURSUANT TO THE AUDIT POLICY AND BASED ON INFO PROVIDED BY CENTRAL FLORIDA COMMUNITY COLLEGE, EPA MAKES THE FOLLOWING FINALDETERMINATION FOR THE FEDERALLY ENFORCEABLE VIOLATION: THE COLLEGE MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENTELIMINATION OF GRAVITY-BASED PENALTY FOR THE VIOLATION. EPA WILL NOT SEEK A GRAVITY-BASED PENALTY FOR THIS VIOLATION. IN ADDITION,ANY ECONOMIC BENEFIT GAINED BY THE COLLECE AS A RESULT OF THIS VIOLATION WAS INSIGNIFICANT. 04-2009-9203 DYNAMIC SYSTEMS, INC. 02/02/2010 EPCRA 325 Action For Penalty





Summary2/2/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO TIMELY SUBMIT TOXIC RELEASE INVENTORY (TRI) FORMS FOR N 120 (MDI)101-68-8, FOR REPORTING YEARS 2004, 2005, 2006, TO EPA AND THE STATE AS REQUIRED BY SECTION 313 OF EPCRA. RESPONDENT DISCOVEREDTHE VIOLATIONS ON JUNE 5, 2009, FOLLOWING A PRE-AUDIT FOR THE COMPANY'S NEW ENVIRONMENTAL MANAGEMENT SYSTEM. RESPONDENTSUBMITTED THE TRI REPORTS TO THE APPROPRIATE AGENCIES ON JUNE 6, 2009.04-2009-9213 CIBA VISION CORPORATION 02/23/2010 EPCRA 325 Action For Penalty2/23/10 - NOTICE OF DETERMINATION ISSUED. IN AN ELECTRONIC DISCLOSURE SUBMITTED ON JUNE 29, 2009, CIBA VISION CORPORATIONADDMITTED THE FOLLOWING VIOLATIONS OF EPCRA: CIBA VISION CORPORATION FAILED TO TIMELY SUBMIT TRI FORMS FOR ITS FACILITY IN DULUTH, GA, FOR METHYL TERT-BUTYL ETHER FORREPORTING YEARS 2005 AND 2007 AND THE STATE AS REQUIRED BY EPCRA SECTION 313. ON JULY 11, 2009, CIBA VISION CORPORATION SUBMITTEDTHE FORMS TO THE APPROPRIATE AGENCIES.04-2009-9214 BELDEN WIRE & CABLE


6/28/10 - NOTICE OF DETERMINATION ISSUED. FINDINGS OF FACT: BELDEN WIRE & CABLE COMPANY FAILED TO TIMELY SUBMIT TRI FORMS FOR ITS FACILITY IN MONTICELLO, KY, FOR ANTIMONYCOMPOUNDS AND COPPER FOR REPORTING YEAR 2007, TO EPA AND THE STATE, AS REQUIRED FOR EPCRA SECTION 313. ON JUNE 24, 1009,BELDEN WIRE & CABLE COMPANY SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES. 04-2009-9215 COOLEY INCORPORATED 06/28/2010 EPCRA 325 Action For Penalty6/28/10 - NOTICE OF DETERMINATION ISSUED. ON JUNE 26, 2009, COOLEY DISCLOSED VIOLATIONS OF EPCRA SECTION 313. THE DISCLOSURE ALSOCONTAINED INFO CONCERNING CORRECTIVE ACTIONS TAKEN BY COOLEY TO COME BACK INTO COMPLIANCE. THE VIOLATIONS RECOGNIZED BYTHIS NOD FOLLOW: 40 CFR 370.30, FAILURE TO SUBMIT A FORM REPORT REPORT FOR THE 2004, 2005, 2006, AND 2007 REPORTING YEARS FOR THE ANTIMONYCOMPOUNDS, PROCESSED AT THE FACILITY IN EXCESS OF THE THRESHOLD QUANTITY OF 25,000 POUNDS.04-2009-9217 PERRY LOGISTICS, INC. 02/02/2010 EPCRA 325 Action For Penalty2/2/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO TIMELY SUBMIT TOXIC RELEASE INVENTORY (TRI)FORMS FOR ARSENICCOMPOUNDS, CHROMIUM COMPOUNDS, AND COPPER COMPOUNDS FOR REPORTING YEAR 2007, TO EPA AND THE STATE AS REQUIRED BYSECTION 313 OF EPCRA. RESPONDENT DISCOVERED THE VIOLATIONS ON JUNE 23, 2009, AFTER RECEIVING GUIDANCE ON COMPLIANCEASSISTANCE. RESPONDENT SUBMITTED THE TRI REPORTS TO THE APPROPRIATE AGENCIES ON JUNE 27, 2009.04-2009-9218 AMBRAKE MANUFACTURING

LTD.06/28/2010 EPCRA 325 Action For Penalty





Summary6/28/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 27, 2009 LETTER TO EPA, AMBRAKE DISCLOSED A VIOLATION OF EPCRA SECTION 313. THELETTER ALSO CONTAINED INFO CONCERNING CORRECTIVE ACTIONS TAKEN BY AMBRAKE TO COME BACK INTO COMPLIANCE. THIS NOTADDRESSES AMBRAKE'S FAILURE TO CERTIFY ITS 2006 FORM R REPORT IN VIOLATION OF EPCRA SEC 313(g)(1)(B).04-2009-9220 TRW - AUTOMOTIVE 06/28/2010 EPCRA 325 Action For Penalty6/28/10 - NOTICE OF DETERMINATION ISSUED. ON JULY 1, 2009, TRW DISCLOSED VIOLATION OF EPCRA 313. THE DISCLOSURE ALSO CONTAINEDINFO CONCERNED CORRECTIVE ACTIONS TAKEN BY TRW TO COME BACK INTO COMPLIANCE. THE VIOLATIONS RECOGNIZED BY THIS NOD FOLLOW: - 40 CFR 372.30, FAILURE TO SUBMIT A TRI REPORT FOR THE 2007 REPORTING YEAR FOR CHROMIUM, COPPER, AND NICKEL PROCESSED AT THEFACILITY IN EXCESS OF THE THRESHOLD QUANTITY OF 25,000 POUNDS. -04-2009-9228 MOHAWK INDUSTRIES, INC. 03/19/2010 EPCRA 325 Action For Penalty3/19/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO TIMELY SUBMIT FOR ITS ALLADIN MILL FACILITY IN DALTON, GEORGIA,ACCURATE TOXICS RELEASE INVENTORY (TRI) REPORTS FOR ZINC COMPOUNDS FOR REPORTING YEARS 2006, 2007, TO EPA AND THE STATE ASREQUIRED BY SECTION 313 OF EPCRA. ON JULY 13, 2009, RESPONDENT SUBMITTED THE REPORTS TO THE APPROPRIATE AGENCIES.04-2009-9231 FIELDALE FARMS 05/19/2010 EPCRA 325 Action For Penalty5/19/10 - NOTICE OF DETERMINATION ISSUED. IN A JULY 14, 2009 LETTER TO EPA, FIELDALE DISCLOSED VIOLATIONS OF EPCRA SECTION 313. THEJULY 14, 2009 LETTER ALSO CONTAINED INFO CONCERNING CORRECTIVE ACTIONS TAKEN BY FIELDALE TO COME BACK INTO COMPLIANCE. THEVIOLATIONS RECOGNIZED BY THIS NOD FOLLOW: - 40 CFR 372.85, FAILURE TO SUBMIT TRI REPORTS FOR THE 2004, 2005, 2006, 2007, AND 2008 REPORTING YEARS FOR AQUEOUS AMMONIA, NITRATECOMPOUNDS, AND CHLORINE DIOXIDE.04-2009-9234 SABIC INNOVATIVE PLASTICS

US LLC03/12/2010 EPCRA 325 Action For Penalty

3/12/2010 - NOTICE OF DETERMINATION ISSUED. IN A JULY 28, 2009 LETTER TO EPA, SABIC INNOVATIVE PLASTICS US LLC DISCLOSED THEFOLLOWING VIOLATIONS OF EPCRA: SABIC SUBMITTED TRI REPORTS WHICH CONTAINED INCORRECT AMOUNTS OF RELEASES OFDICHLOROMETHANE, CARBONYL SULFIDE, AND CARBON DISULFIDE, FOR THE 2008 REPORTING YEAR, FOR ITS FACILITY IN BURKVILLE, AL, INVIOLATION OF EPCRA SEC 313. ON AUG 13, 2009, SABIC SUBMITTED THE CORRECTED REPORTS.04-2009-9235 NEXTEK, INC. 02/23/2010 EPCRA 325 Action For Penalty





Summary2/23/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED 7/31/09, NEXTEK, INC., ADMITTED TO THE FOLLOWING VIOLATIONS OF EPCRA: NEXTEK, INC., FAILED TO TIMELY SUBMIT TRI FORMS FOR LEAD FOR REPORTING YEARS 2003, 2004, 2005, 2006, AND 2007 TO EPA AND THE STATE ASREQUIRED BY EPCRA SEC 313. NEXTEK DISCOVERED THE VIOLATIONS ON OR ABOUT JULY 15, 2009, FOLLOWING AN AUDIT OF THE COMPANY'SOPERATIONS BY AN ENGINEERING CONSULTING FIRM. NEXTEK SUBMITTED THE TRI REPORTS TO THE APPROPRIATE AGENCIES ON SEPT 9, 2009.04-2009-9247 BMW MANUFACTURING

COMPANY, LLC02/23/2010 EPCRA 325 Action For Penalty

2/23/2010 - NOTICE OF DETERMINATION ISSUED. IN A DISCLOSURE DATED 8/10/09, BMW ADMITTED THE FOLLOWING VIOLATIONS OF EPCRA: BMW FAILED TO TIMELY SUBMIT FOR ITS FACILITY IN GREER, SC, TIER II FORMS FOR LEAD AND SULFURIC ACID FOR REPORTING YEARS 2004, 2005,2006, 2007, AND 2008, TO THE STATE EMERGENCY RESPONSE COMMISSION, THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE, AND THE FIREDEPT WITH JURISDICTION IN THE AREA, AS REQUIRED BY EPCRA SEC 312. BETWEEN SEPT 10 AND SEPT 15, 2009, BMW SUBMITTED THE FORMS TOTHE APPROPRIATE AGENCIES. 04-2009-9256 WORLD COLOR PRESS, INC.

(AKA QUEBECOR WORLD)03/12/2010 EPCRA 325 Action For Penalty

3/12/2010 - NOTICE OF DETERMINATION. IN AN AUG 21, 2009, LETTER TO EPA, WORLD COLOR PRESS, INC. (aka QUEBECOR WORLD) DISCLOSED,THRU LEGAL COUNSEL, THE FOLLOWING VIOLATIONS OF EPCRA: WORLD COLOR PRESS, INC. (aka QUEBECOR WORLD) DID NOT SUBMIT TRIREPORTS FOR ETHYLENE GLYCOL FOR REPORTING YEARS 2006 AND 2008, AND SUBMITTED A TRI RPEORT FOR ETHYLENE GLYCOL WHICHCONTAINED ERRORS FOR THE 2007 REPORTING YEAR FOR ITS FACILITY IN VERSAILLES, KY. ON OR ABOUT AUG 20, 2009, WORLD COLOR PRESS,INC. (aka QUEBECOR WORLD) CORRECTED THE VIOLATIONS WHEN IT SUBMITTED TRI REPORTS FOR ETHYLENE GLYCOL TO THE APPROPRIATEAGENCIES. 04-2009-9262 AVIAGEN, INC. 03/12/2010 EPCRA 325 Action For Penalty3/12/2010 - NOTICE OF DETERMINATION ISSUED. IN AN AUGUST 31, 2009, LETTER TO EPA, RESPONDENT DISCLOSED THE FOLLOWING VIOLATINS OFTHE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA): RESPONDENT DID NOT SUBMIT TOXICS RELEASE INVENTORY (TRI)REPORTS FOR FORMALDEHYDE FOR REPORTING YEARS 2003 THROUGH 2008, IN VIOLATION OF SECTION 313 OF EPCRA. RESPONDENT CORRECTEDTHE VIOLATINS BY SUBMITTING TRI REPORTS FOR FORMALDEHYDE TO THE APPROPRIATE AGENCIES.04-2009-9273 CUSTOM FOOD SOLUTIONS 05/13/2010 EPCRA 325 Action For Penalty





Summary5/13/2010 - NOTICE OF DETERMINATION ISSUED. IN A SEPT 22, 2009 LETTER TO EPA, CUSTOM DISCLOSED VIOLATIONS OF SECTIONS 311 AND 312 OFEPCRA PURSUANT TO THE EPA POLICY REGARDING SMALL BUSINESS COMPLIANCE POLICY. THE SEPT 22, 2009 LETTER ALSO CONTAINED INFOCONCERNING CORRECTIVE ACTIONS TAKEN BY CUSTOM TO COME BACK INTO COMPLIANCE. THE VIOLATIONS RECOGNIZED BY THIS NOD FOLLOW: - 40 CFR 370.32, FAILURE TO SUBMIT LIST OF HAZARDOUS CHEMICALS PRESENT AT FACILITY TO THE LOCAL EMERGENCY PLANNING COMMISSION,STATE EMERGENCY RESPONSE COMMISSION, AND LOCAL FIRE DEPT; - 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2006 REPORTING YEAR FOR AMMONIA. - 40 CFR 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2007 REPORTING YEAR FOR AMMONIA. - 40 CFR 270.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2008 REPORTING YEAR FOR AMMONIA. 04-2010-0003 MURPHY USA, INC. 06/22/2010 RCRA 9006 AO For Comp And/Or Pen (UST)6/22/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,915. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO REPORT THAT A RELEASE MAY HAVE OCCURRED FROM THE FACILITY'S PETROLEUM UST SYSTEM AS INDICATED BY THEFUEL ALARM STATUS FOR SENSOR L1 FOR MONTHS OF OCTOBER 2008 THROUGH DECEMBER 2008.04-2010-0750 NEW SMYRNA BEACH, FL, CITY

OF10/13/2009 SDWA 1414G2 AO For Compliance (PWS)

10/13/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE MONTHSOF NOVEMBER 2008, FEBRUARY 2009, AND MAY 2009 FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCEWITH 40 CFR SECTIONS 141.600 AND 141.601(b)(1). BY FAILING TO CONDUCT STANDARD MONITORING IN ACCORDANCE WITH SECTIONS 141.600 AND141.601(b)(1), THE SYSTEM WILL NOT BE ABLE TO SUBMIT A COMPLETED INITIAL DISTRIBUTION A SYSTEM EVALUATION REPORT TO EPA BY THEJANUARY 1, 2010, ACCORDANCE WITH SECTIONS 141.600(c) AND 141.601(c)(1) THROUGH (c)(4).04-2010-0751 SWISS GOLF AND TENNIS

CLUB10/13/2009 SDWA 1414G2 AO For Compliance (PWS)

10/13/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONSFOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTION 141.601(b).04-2010-0752 FOUR LAKES GOLF CLUB 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)





Summary10/13/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO CONDUCTSTANDARD MONITORING AT 2 LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR141.601(b). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF OCT 2009, JAN 2010 AND APR 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). 04-2010-0753 PLANTATION LANDINGS 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)10/13/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO CONDUCTSTANDARD MONITORING AT 2 LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR141.601(b). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF OCT 2009, JAN 2010 AND APR 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). 04-2010-0754 GOOD LIFE RV RESORT 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)10/13/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO CONDUCTSTANDARD MONITORING AT 2 LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR141.601(b). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF OCT 2009, JAN 2010 AND APR 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). 04-2010-0755 CAMP INN RV RESORT 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)





Summary10/13/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO CONDUCTSTANDARD MONITORING AT 2 LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR141.601(b). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF OCT 2009, JAN 2010 AND APR 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). 04-2010-0756 SPRINGFIELD, FL, CITY OF 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)10/13/09 - ADMINISTRATIVE ORDER ISSUED. IN ACCORDANCE WITH PROVISIONS OF 40 CFR 141.601(b), SURFACE WATER SYSTEMS THAT SERVE APOPULATION OF LESS THAN 10,000 ARE REQUIRED TO CONDUCT DISTRIBUTION MONITORING BY TAKING DUAL SAMPLE SETS FOR TTHMs ANDHAA5s FROM A TOTAL OF 4 MONITORING LOCATIONS EACH QUARTER ACCORDING TO THEIR APPROVED STANDARD MONITORING PLAN (SMP). INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.201, PUBLIC WATER SYSTEMS FAILING TO COMPLY WITH ANY NATIONAL PRIMARY DRINKINGWATER REGULATIONS (NPDWR) MUCH GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM. BASED ON THE INFO PROVIDED TOEPA, MONITORING WAS NOT CONDUCTED AT 4 MONITORING LOCATIONS FOR TTHMs AND HAA5s. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40CFR 141.601(b AND 141.601(c)(1). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF OCT 2009, JAN 2010 AND APR 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALLMONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). WITHIN 10DAYS, SYSTEM SHALL GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM AND PROVIDE A COPY OF THAT NOTICE TO EPA.04-2010-0757 FRUITLAND PARK, FL, CITY OF 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)





Summary10/13/09 - AO ISSUED. BASED ON THE INFO PROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT 2 MONITORING LCOATIONS FOR TTHMs ANDHAA5s. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR 141.601(b) AND 141.601(c)(1). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF NOV 2009, FEB 2010, AND MAY 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). WITHIN 10 DAYS, SYSTEM MUST GIVE PUBLIC NOTICE TO PERSON SERVED BY THE WATER SYSTEM AND PROVIDE A COPY OF THAT NOTICE TO EPA. 04-2010-0758 BAREFOOT BAY, FL 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)10/13/2009 - ADMIN ORDER ISSUED. BASED ON THE INFO PROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT 2 MONITORING LOCATIONS FORTTHMs AND HAA5s. THEREFORE THE SYSTEM IS IN VIOLATION OF 40 CFR 141.601(b)AND 141.601(c)(1). ORDER REQUIRES: 10/13/09 - AO ISSUED. BASED ON THE INFO PROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT 2 MONITORING LCOATIONS FOR TTHMs ANDHAA5s. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR 141.601(b) AND 141.601(c)(1). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF DEC 2009, MAR 2010, AND JUNE 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN AUG 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). WITHIN 10 DAYS, SYSTEM MUST GIVE PUBLIC NOTICE TO PERSON SERVED BY THE WATER SYSTEM AND PROVIDE A COPY OF THAT NOTICE TO EPA. 04-2010-0759 ST. JOHNS RIVER UTILITY 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)





Summary10/13/2009 - ADMIN ORDER ISSUED. BASED ON THE INFO PROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT 2 MONITORING LOCATIONS FORTTHMs AND HAA5s. THEREFORE THE SYSTEM IS IN VIOLATION OF 40 CFR 141.601(b)AND 141.601(c)(1). ORDER REQUIRES: 10/13/09 - AO ISSUED. BASED ON THE INFO PROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT 2 MONITORING LCOATIONS FOR TTHMs ANDHAA5s. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR 141.601(b) AND 141.601(c)(1). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF NOV 2009, FEB 2010, MAY 2010, AND AUGUST 2010. THE MONITORING SHALL BECONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). WITHIN 10 DAYS, SYSTEM MUST GIVE PUBLIC NOTICE TO PERSON SERVED BY THE WATER SYSTEM AND PROVIDE A COPY OF THAT NOTICE TO EPA. 04-2010-0760 WAHNETA WATER SYSTEM,

INC.10/13/2009 SDWA 1414G2 AO For Compliance (PWS)

10/13/09 - ADMINISTRATIVE ORDER ISSUED. IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b), GROUNDWATER SYSTEMS THAT SERVICEA POPULATION OF AT LEAST 500 ARE REQUIRED TO CONDUCT DISTRIBUTION MONITORING BY TAKING DUAL SAMPLE SETS FOR TTHMs AND HALOACETIC ACIDS (HAA5s) FROM A TOTAL OF 2 MONITORING LOCATIONS EACH QUARTER ACCORDING TO THEIR APPROVED STANDARD MONITORINGPLAN (SMP). IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.201, PUBLIC WATER SYSTEMS FAILING TO COMPLY WITH ANY NATIONALPRIMARY DRINKING WATER REGULATIONS MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM. BASED ON THE INFOPROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT 2 MONITORING LOCATIONS FOR TTHMs AND HAA5s. THEREFORE SYSTEM IS INVIOLATION OF 40 CFR 141.601(b) AND 141.601(c)(1). ORDER REQUIRES: THE SYSTEM SHALL BEGIN MONITORING DURING THE MONTHS OF OCT 2009, JAN 2010, APRIL 2010, AND JULY 2010. THE MONITORING SHALL BECONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.601(b) AND 141.601(c)(1). NO LATER THAN JULY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR 141.601(c)(1). THE SYSTEM SHALL HIGHLIGHT IN THEIR IDSE REPORT THAT MONITORING WILLCONTINUE IN THE MONTH OF JULY 2010. WITHIN 10 DAYS, THE SYSTEM MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM AND PROVIDE A COPY OF THAT NOTICE TOEPA.





Summary04-2010-0761 SEMINOLE WOODS 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATING REGULATIONS BY FAILING TOCONDUCT STANDARD MONITORING AT 2 LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCEWITH 40 CFR 141.601(b).04-2010-0762 MOLOKAI MOBILE COMMUNITY 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATING REGULATIONS BY FAILING TOCONDUCT STANDARD MONITORING AT 2 LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCEWITH 40 CFR 141.601(b).04-2010-0763 TWELVE OAKS R.V. RESORT 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATING REGULATIONS BY FAILING TOCONDUCT STANDARD MONITORING AT 2 LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCEWITH 40 CFR 141.601(b).04-2010-0764 ALOHA GARDENS UTILITIES 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - COMPLIANCE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATER THAN JAN 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).04-2010-0765 BAL HARBOUR VILLAGE 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - COMPLIANCE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATER THAN JAN 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1). 2/10/2010 - AMENDED AO TO INCLUDE MONITORING REQUIREMENT UNDER COMPLYING ACTION/INJUNCTIVE RELIEF.04-2010-0765 BAL HARBOUR VILLAGE 02/10/2010 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - COMPLIANCE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATER THAN JAN 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1). 2/10/2010 - AMENDED AO TO INCLUDE MONITORING REQUIREMENT UNDER COMPLYING ACTION/INJUNCTIVE RELIEF.04-2010-0766 FAIRWAYS COUNTRY CLUB 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)





Summary11/23/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATERTHAN JAN 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 601(c)(1).04-2010-0767 GULFPORT WATER SYSTEM 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATING REGULATIONS BY FAILING TOSUBMIT A COMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATER THAN JAN 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).04-2010-0768 HACIENDA VILLAGE 11/23/2009 SDWA 1414G2 AO For Compliance (PWS)11/23/09 - COMPLIANCE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATER THAN JAN 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).04-2010-0769 MURPHREE WTP

(GAINESVILLE REGIONALUTILITIES)


11/23/09 - COMPLIANCE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATER THAN JAN 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).04-2010-0770 DAVIE, FL, TOWN OF 01/12/2010 SDWA 1414G2 AO For Compliance (PWS)1/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTION 141.201, PUBLIC WATERSYSTEMS FAILING TO COMPLY WITH ANY NATIONAL PRIMARY DRINKING WATER REGULATIONS (NPDWR) MUST GIVE PUBLIC NOTICE TO PERSONSSERVED BY THE WATER SYSTEM. BASED ON THE INFORMATION PROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT SEVEN (7) MONITORINGLOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMS) AND HALO ACETIC ACIDS (HAA5s). THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFRSECTIONS 141.601(b) AND 141.601(c)(1). ORDER REQUIRES: THE SYSTEM SHALL CONTINUE TO MONITOR DURING THE MONTHS OF MARCH 2010, JUNE 2010 AND SEPTEMBER 2010 (MONITORING WAS REQUIREDTO BEGIN DURING THE MONTH OF DECEMBER 2009). THE MONITORING SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF 40 CFRSECTIONS 141.601(c) AND 141.601(c)(1). NO LATER THAN DECEMBER 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND AN INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1).04-2010-0771 PATRICK AIR FORCE BASE (FF) 01/12/2010 SDWA 1414G2 AO For Compliance (PWS)





Summary1/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.600(c),CONSECUTIVE WATER SYSTEMS MUST SUBMIT AN IDSE REPORT AT THE SAME TIME AS THE SYSTEM WITH THE EARLIEST COMPLIANCE DATE IN THECOMBINED DISTRIBUTION SYSTEM. THEREFORE, THE SYSTEM WAS REQUIRED TO SUBMIT ITS IDSE REPORT BY JANUARY 1, 2009. BASED ON THEINFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS INVIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN FEBRUARY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFRSECTION 141.601(c)(1). 2/10/2010 - AMENDED AO TO INCLUDE MONITORING REQUIREMENT UNDER COMPLYING ACTION/INJUNCTIVE RELIEF. 04-2010-0771 PATRICK AIR FORCE BASE (FF) 02/10/2010 SDWA 1414G2 AO For Compliance (PWS)1/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.600(c),CONSECUTIVE WATER SYSTEMS MUST SUBMIT AN IDSE REPORT AT THE SAME TIME AS THE SYSTEM WITH THE EARLIEST COMPLIANCE DATE IN THECOMBINED DISTRIBUTION SYSTEM. THEREFORE, THE SYSTEM WAS REQUIRED TO SUBMIT ITS IDSE REPORT BY JANUARY 1, 2009. BASED ON THEINFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS INVIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN FEBRUARY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFRSECTION 141.601(c)(1). 2/10/2010 - AMENDED AO TO INCLUDE MONITORING REQUIREMENT UNDER COMPLYING ACTION/INJUNCTIVE RELIEF. 04-2010-0772 MIAMI BEACH FL, CITY OF 01/12/2010 SDWA 1414G2 AO For Compliance (PWS)1/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.600(c), PURCHASEAND/OR CONSECUTIVE WATER SYSTEMS MUST SUBMIT AN IDSE REPORT AT THE SAME TIME AS THE SYSTEM WITH THE EARLIEST COMPLIANCEDATE IN THE COMBINED DISTRIBUTION SYSTEM. THEREFORE, THE SYSTEM WAS REQUIRED TO SUBMIT ITS IDSE REPORT BY JANUARY 1, 2009. BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THESYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN FEBRUARY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1). 04-2010-0773 NORTH MIAMI BEACH, FL, CITY






Summary1/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.600(c),GROUNDWATER SYSTEMS SERVING A POPULATION OF AT LEAST ONE HUNDRED THOUSAND WERE REQUIRED TO SUBMIT AN IDSE REPORT BYJANUARY 1, 2009. BASED ON THE PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE,THE SYSTEM IS IN VIOLATION OF 40 SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN FEBRUARY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1).04-2010-0774 MIAMI SPRINGS, FL, CITY OF 01/12/2010 SDWA 1414G2 AO For Compliance (PWS)1/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.600(c), PURCHASEAND/OR CONSECUTIVE WATER SYSTEMS MUST SUBMIT AN IDSE REPORT AT THE SAME TIME AS THE SYSTEM WITH THE EARLIEST COMPLIANCEDATE IN THE COMBINED DISTRIBUTION SYSTEM. THEREFORE, THE SYSTEM WAS REQUIRED TO SUBMIT ITS IDSE REPORT BY JANUARY 1, 2009. BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THESYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN FEBRUARY 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1). 04-2010-0775 NORTH BAY VILLAGE, FL, CITY


1/22/10 - ADMINISTRATIVE ORDER ISSUED. IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.600(c), PURCHASE AND/OR CONSECUTIVE WATERSYSTEMS MUST SUBMIT AN IDSE REPORT AT THE SAME TIME AS THE SYSTEM WITH THE EARLIEST COMPLIANCE DATE IN THE COMBINEDDISTRIBUTION SYSTEM. THEREFORE, THE SYSTEM WAS REQUIRED TO SUBMIT ITS (INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT BYJAN 1, 2009. BASED ON THE INFO PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JAN 1, 2009. THEREFORE, THESYSTEM IS IN VIOLATION OF 40 CR 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1). 6/24/10 - AMENDED ADMINISTRATIVE ORDER ISSUED. THE SYSTEM SHALL "CONTINUE TO" MONITOR DURING THE MONTHS OF JUNE 2010, SEPT 2010AND DEC 2011. NO LATER THAN FEB 1, 2011, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).WITHIN 10 DAYS, THE SYSTEM SHALL GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM AND PROVIDE A COPY OF THAT NOTICETO EPA IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.201.04-2010-0775 NORTH BAY VILLAGE, FL, CITY






Summary1/22/10 - ADMINISTRATIVE ORDER ISSUED. IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.600(c), PURCHASE AND/OR CONSECUTIVE WATERSYSTEMS MUST SUBMIT AN IDSE REPORT AT THE SAME TIME AS THE SYSTEM WITH THE EARLIEST COMPLIANCE DATE IN THE COMBINEDDISTRIBUTION SYSTEM. THEREFORE, THE SYSTEM WAS REQUIRED TO SUBMIT ITS (INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT BYJAN 1, 2009. BASED ON THE INFO PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JAN 1, 2009. THEREFORE, THESYSTEM IS IN VIOLATION OF 40 CR 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1). 6/24/10 - AMENDED ADMINISTRATIVE ORDER ISSUED. THE SYSTEM SHALL "CONTINUE TO" MONITOR DURING THE MONTHS OF JUNE 2010, SEPT 2010AND DEC 2011. NO LATER THAN FEB 1, 2011, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).WITHIN 10 DAYS, THE SYSTEM SHALL GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM AND PROVIDE A COPY OF THAT NOTICETO EPA IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 141.201.04-2010-0777 OPA LOCKA, FL, CITY OF 01/22/2010 SDWA 1414G2 AO For Compliance (PWS)1/22/10 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA BY JAN 1, 2009, IN ACCORDANCE WITH 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.600(c)(1).04-2010-0778 SURFSIDE, FL, TOWN OF 01/22/2010 SDWA 1414G2 AO For Compliance (PWS)1/22/2010 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA BY JAN 1, 2009, IN ACCORDANCE WITH 40 CFR 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).04-2010-0779 VILLAGE OF VIRGINIA

GARDENS01/22/2010 SDWA 1414G2 AO For Compliance (PWS)

1/22/10 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM VIOLATED THE SDWA AND ITS IMPLEMENTING REGULATIONS BY FAILING TO SUBMIT ACOMPLETE INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT TO EPA BY JANUARY 1, 2009, IN ACCORDANCE WITH SDWA SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR 141.601(c)(1).04-2010-0781 ELON, NC, TOWN OF 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)





Summary2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINTIIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION141.601(c)(1).04-2010-0782 GIBONSVILLE, NC, TOWN OF 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINTIIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION141.601(c)(1).04-2010-0783 OAKWOOD FOREST MHC 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINTIIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION141.601(c)(1).04-2010-0784 SPRING LAKE, NC, TOWN OF 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINTIIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION141.601(c)(1).04-2010-0785 RAINTREE S/D 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINTIIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION141.601(c)(1).04-2010-0786 STEDMAN, NC, TOWN OF 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINTIIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION141.601(c)(1).04-2010-0787 LINDEN, NC, TOWN OF 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)





Summary2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINTIIAL IDSE REPORT BY JANUARY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION141.601(c)(1).04-2010-0788 ANGIER, NC, TOWN OF 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JULY 1, 2009. THEREFORE, THESYSTEM IS IN VIOLATIN OF 40 CFR SECTION 141.600(c).04-2010-0789 COATS, NC, TOWN OF 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINITIAL IDSE REPORT BY JULY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1).04-2010-0790 LILLINGTON WATER SYSTEM 02/01/2010 SDWA 1414G2 AO For Compliance (PWS)2/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT ANINITIAL IDSE REPORT BY JULY 1, 2009. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION 141.600(c). ORDER REQUIRES: NO LATER THAN MARCH 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1).04-2010-0791 OCKLAWAHA 03/29/2010 SDWA 1414G2 AO For Compliance (PWS)3/29/2010 - ADMINISTRATIVE ORDER ISSUED. RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONS FOR TOTALTRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTION 141.601(b) AND 141.601(c)(1).04-2010-0792 WINTER GARDEN, FL, CITY OF 03/29/2010 SDWA 1414G2 AO For Compliance (PWS)3/29/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: THE SYSTEM IS A COMMUNITY WATER SYSTEM SERVING 62,979 PERSONS THATUTILIZES A GROUNDWATER SOURCE AND USES A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT OR DELIVERS WATERTHAT HAS BEEN TREATED WITH A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT. BASED ON THE INFORMATIONPROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2010. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40CFR SECTION 141.600(c).04-2010-0793 LABELLE, CITY OF 03/29/2010 SDWA 1414G2 AO For Compliance (PWS)3/29/2010 - ADMINISTRATIVE ORDER ISSUED. RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONS FOR TOTALTRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTIONS 141.601(b) AND 141.601(c)(1).





Summary04-2010-0796 LONGWOOD, FL, CITY OF 03/29/2010 SDWA 1414G2 AO For Compliance (PWS)3/29/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: THE SYSTEM IS A COMMUNITY WATER SYSTEM SERVING 18,742 PERSONS THATUTILIZES A GROUNDWATER SOURCE AND USE A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT OR DELIVERS WATERTHAT HAS BEEN TREATED WITH A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT. BASED ON INFORMATION PROVIDED TOEPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2010. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTION141.600(c).04-2010-0798 PALISADES COUNTRY CLUB 04/01/2010 SDWA 1414G2 AO For Compliance (PWS)4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONSFOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTION 141.601(c). ORDER REQUIRES: THE SYSTEM SHALL MONITOR DURING THE MONTHS OF MAY 201, AUGUST 2010 AND NOVEMBER 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.601(b) AND 141.601(c)(1). NO LATER THAN JANUARY 1, 2011, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND AN INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1). WITHIN TEN (10) DAYS OF RECEIPT OF THIS ORDER, THE SYSTEM MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM ANDPROVIDE A COPY OF THAT NOTICE TO EPA. 04-2010-0799 SUMTER CORRECTIONAL

INSTITUTION04/12/2010 SDWA 1414G2 AO For Compliance (PWS)





Summary4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONSFOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTION 141.601(c). ORDER REQUIRES: THE SYSTEM SHALL MONITOR DURING THE MONTHS OF MAY 201, AUGUST 2010 AND NOVEMBER 2010. THE MONITORING SHALL BE CONDUCTED INACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.601(b) AND 141.601(c)(1). NO LATER THAN JANUARY 1, 2011, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND AN INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1). WITHIN TEN (10) DAYS OF RECEIPT OF THIS ORDER, THE SYSTEM MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM ANDPROVIDE A COPY OF THAT NOTICE TO EPA. 04-2010-0801 DADE, FL, CITY, OF 04/13/2010 SDWA 1414G2 AO For Compliance (PWS)4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: THE SYSTEM IS A COMMUNITY WATER SYSTEM SERVING 13,018 PERSONS THATUTILIZES A GROUNDWATER SURCE AND USES A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT OR DELIVERS WATERTHAT HAS BEEN TREATED WITH A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT. BASED ON THE INFORMATIONPROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2010. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40CFR SECTION 141.600(c).04-2010-0802 UNIVERSITY OF SOUTH

FLORIDA04/01/2010 SDWA 1414G2 AO For Compliance (PWS)

4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: THE SYSTEM IS A COMMUNITY WATER SYSTEM SERVING 39,323 PERSONS THATUTILIZES A GROUNDWATER SOURCE AND USES A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT OR DELIVERS WATERTHAT HAS BEEN TREATED WITH A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLAET LIGHT. BASED ON THE INFORMATIONPROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2010. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40CFR SECTION 141.600(c). ORDER REQUIRES: THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION 141.601(c)(1).04-2010-0804 CLERMONT WEST WATER






Summary4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: THE SYSTEM IS A COMMUNITY WATER SYSTEM SERVING 14,675 PERSONS THATUTILIZES A GROUNDWATER SOURCE AND USES A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT OR DELIVERS WATERTHAT HAS BEEN TREATED WITH A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLAET LIGHT. BASED ON THE INFORMATIONPROVIDED TO EPA, THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JANUARY 1, 2010. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40CFR SECTION 141.600(c). ORDER REQUIRES: THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT 40 CFR SECTION 141.601(c)(1).04-2010-0805 CRESCENT CITY OF, FLORIDA 04/01/2010 SDWA 1414G2 AO For Compliance (PWS)4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, MONITORING, WAS NOT CONDUCTED AT SIX (6) MONITORING LOCATIONS FOR TTHMs AND HAA5s.THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTIONS 141.601(b) AND 141.601(c).04-2010-0806 GADSDEN COUNTY REGIONAL

WATER SYSTEM04/01/2010 SDWA 1414G2 AO For Compliance (PWS)

4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, MONITORING, WAS NOT CONDUCTED AT SIX (6) MONITORING LOCATIONS FOR TTHMs AND HAA5s.THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTIONS 141.601(b) AND 141.601(c).04-2010-0807 LAKE JACKSON REGIONAL


4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INFORMATION PROVIDED TO EPA, MONITORING, WAS NOT CONDUCTED AT SIX (6) MONITORING LOCATIONS FOR TTHMs AND HAA5s.THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTIONS 141.601(b) AND 141.601(c).04-2010-0808 BRADFORDVILLE REGIONAL






Summary4/1/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.601(b),GROUNDWATER SYSTEMS THAT SERVE A POPULATION OF AT LEAST TEN THOUSAND (10,000) ARE REQUIRED TO CONDUCT DISTRIBUTIONMONITORING BY TAKING DUAL SAMPLE SETS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) FROM A TOTAL OF SIX (6)MONITORING LOCATIONS EACH QUARTER ACCORDING TO THEIR APPROVED STANDARD MONITORING PLAN (SMP). IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTION 141.201, PUBLIC WATER SYSTEMS FAILING TO COMPLY WITH ANY NATIONAL PRIMARYDRINKING WATER REGULATIONS (NPDWR) MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM. BASED ON THE INFORMATION PROVIDED TO EPA, MONITORING WAS NOT CONDUCTED AT SIX (6) MONITORING LOCATIONS FOR TTHMSs AND HAA5s.THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTIONS 141.601(b) AND 141.601(c)(1). ORDER REQUIRES: THE SYSTEM SHALL CONTINUE TO MONITOR DURING THE MONTHS OF JUNE 2010 AND SEPTEMBER 2010. THE MONITORING SHALL BE CONDUCTEDIN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.601(b) AND 114.601(c)(1). NO LATER THAN NOVEMBER 1, 2010, THE SYSTEM SHALL SUBMIT TO EPA ALL MONITORING RESULTS AND AN INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1). WITHIN TEN (10) DAYS OF RECEIPT OF THIS ORDER, THE SYSTEM MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM ANDPROVIDE A COPY OF THAT NOTICE TO EPA. THIS ADMINISTRATIVE ORDER SHALL REMAIN IN EFFECT UNTIL THE SYSTEM HAS DEMONSTRATED COMPLIANCE AND EPA HAS ISSUED A CLOSURELETTER.04-2010-0809 SOUTH MARTIN REGIONAL

UTILITY05/05/2010 SDWA 1414G2 AO For Compliance (PWS)

5/5/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO SUBMIT A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT TO EPA BY JANUARY 1, 2010, IN ACCORDANCE WITH SECTION 141.600(c).04-2010-0810 LAKE MARY, FL, CITY OF 05/05/2010 SDWA 1414G2 AO For Compliance (PWS)5/5/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO SUBMIT A COMPLETE INITIAL DISTRIBUTION SYSTEMEVALUATION (IDSE) REPORT TO EPA BY JANUARY 1, 2010, IN ACCORDANCE WITH SECTION 141.600(c).04-2010-0811 HARMONY CDD 05/06/2010 SDWA 1414G2 AO For Compliance (PWS)5/6/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40CFR SECTION 141.601(b)AND 141.601(c)(1).





Summary04-2010-0812 POINCIANA WTP#1 05/06/2010 SDWA 1414G2 AO For Compliance (PWS)5/6/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT SIX (6) LOCATIONS FOR TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFRSECTIONS 141.601(b) AND 141.601(c)(1).04-2010-0813 POINCIANA WTP #4 05/06/2010 SDWA 1414G2 AO For Compliance (PWS)5/6/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT SIX (6) LOCATIONS FOR TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFRSECTIONS 141.601(b) AND 141.601(c)(1). 04-2010-0814 POINCIANA WTP #6 05/06/2010 SDWA 1414G2 AO For Compliance (PWS)5/6/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT SIX (6) LOCATIONS FOR TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFRSECTIONS 141.601(b) AND 141.601(c)(1).04-2010-0815 HIDE-A-WAY RV RESORT 05/05/2010 SDWA 1414G2 AO For Compliance (PWS)5/6/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40CFR SECTION 141.601(b)AND 141.601(c)(1).04-2010-0816 TOWN OF OAKLAND, FL 05/05/2010 SDWA 1414G2 AO For Compliance (PWS)5/5/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONSFOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTIONS 141.60(b) AND 141.601(c)(1).04-2010-0817 ST. JOHNS RIVER UTILITY 05/05/2010 SDWA 1414G2 AO For Compliance (PWS)5/6/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40CFR SECTION 141.601(b)AND 141.601(c)(1).04-2010-0818 POINCIANA WTP #5 05/06/2010 SDWA 1414G2 AO For Compliance (PWS)5/6/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT SIX (6) LOCATIONS FOR TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFRSECTIONS 141.601(b) AND 141.601(c)(1).04-2010-0819 EVERGLADES CITY 05/05/2010 SDWA 1414G2 AO For Compliance (PWS)5/5/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING DURING THE PEAKHISTORICAL MONTH AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) AND HALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40CFR SECTION 141.601(b)AND 141.601(c)(1).





Summary04-2010-0821 SUWANNEE WATER & SEWER


5/27/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANS (TTHMs)AND HALO ACETICACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTIONS 141.601(b) AND 141.600(c).04-2010-0824 JASPER, FL, CITY OF 06/07/2010 SDWA 1414G2 AO For Compliance (PWS)6/7/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs)AND HALO ACETICACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTIONS 141.601(b) AND 141.600(c).04-2010-0825 AVE MARIA UTILITY COMPANY 06/07/2010 SDWA 1414G2 AO For Compliance (PWS)6/7/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs) ANDHALO ACETIC ACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTIONS 141.600(c) AND 141.601(b).04-2010-0826 ZEPHYRHILLS, FL, CITY OF 06/07/2010 SDWA 1414G2 AO For Compliance (PWS)6/7/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO CONDUCT STANDARD MONITORING AT TWO (2) LOCATIONS FOR TOTAL TRIHALOMETHANES (TTHMs)AND HALO ACETICACIDS (HAA5s) IN ACCORDANCE WITH 40 CFR SECTIONS 141.601(b) AND 141.600(c).04-2010-1000 EAGLE WELL SERVICE, INC. 12/24/2009 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)12/24/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,697.50. THE SUBJECT WELL IS ACTIVE AND WAS DUE FOR A MECHANICAL INTEGRITY DEMONSTRATION ON DEC 20, 2006. THE MECHANICAL INTEGRITYDEMONSTRATION WAS NOT PERFORMED UNTIL APR 28, 2008. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT, AND THE SDWABY FAILING TO COMPLY WITH THE PERMIT CONDITION TO DEMONSTRATE MECHANICAL INTEGRITY AT LEAST ONCE EVERY 5 YEARS. 04-2010-1001 DUNCAN OIL COMPANY 04/20/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)





Summary4/20/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000, DUE WITHIN 30 DAYS. RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY ONTHREE WELLS. RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO SUBMIT ANNUAL FLUID ANALYSES OF 8 WELLS. 04-2010-1002 MANNON OIL OF TENNESSEE,

LLC06/10/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)

6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,936 DUE IN INSTALLMENT PAYMENTS. WITHIN 30 DAYS,RESPONDENT SHALL SUBMIT A CASHIER'S OR CERTIFIED CHECK IN THE AMOUNT OF $4,734 AS HTE INITIAL INSTALLMENT, WITH EQUAL AMOUNTSDUE EVERY 120 DAYS THEREAFTER, FOR A TOTAL OF 4 PAYMENTS. ALLEGATIONS: THE FOLLOWING INJECTION WELLS ARE OVERDUE FOR MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS AS FOLLOWS: J.F. SMITH #S-8 - MIT DUE 11/17/05; J.F. SMITH #S-7 - MIT DUE 11/02/07; J.F. SMITH #S-2 - MIT DUE 11/15/02; J.F. SMITH #S-1WI - MIT DUE 11/02/07; J.F. SMITH #S-9 - MIT DUE 11/17/05. THEREFORE, RESPONDENT VIOLATED 40 CFR 144/28(c)(2)(iv) AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY,OR PROPERTY CLOSE, PLUG, AND ABANDON THE INACTIVE WELLS. REQUIREMENTS FOUND AT 40 CFR 144.28(g)(2)(iv)(A), STATE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY PURSUANT TO 146.8, SHALLOCCUR AT LEAST ONCE EVERY 5 YEARS FOR ACTIVE WELLS. THESE WELLS ARE OVERDUE FOR MECHANICAL INTEGRITY AS FOLLOWS: HEIFNER HEIRS #5 - MIT DUE 11/02/09; J.F. SMITH #S-3 - MIT DUE 12/11 08; J.F. SMITH #S-1 - MIT DUE 11/17/03. THEREFORE RESPONDENT VIOLATED 40 CFR 144.28(g)(2)(iv)(A) AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITYOF THE ACTIVE WELLS. THE FOLLOWING INJECTION WELLS ARE OVERDUE FOR MECHANICAL INTEGROTY DEMONSTRATION REQUIREMENTS AS FOLLOWS: HEIFNER HEIRS #8 - MIT DUE 11/02/06; HEIFNER HEIRS #4 - MIT DUE 06/19/04. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OFTHE SUBJECT WELLS. PART I, SECTION C, PARAGRAPH 2 OF THE PERMIT REQUIRES WEEKLY MONITORING OF THE INJECTION AND ANNULUS PRESSURES AT THEWELLHEAD, AND FLOW RATE AND CUMULATIVE VOLUME OF THE INJECTED FLUID. PART I, SECTION D, PARAGRAPH 2 REQUIRES SUBMISSION OFTHESE MONITORING RESULTS TO EPA, POSTMARKED BY THE 28TH DAY OF THE MONTH FOLLOWING EACH FULL YEAR OF OPERATION. MONITORINGREPORTS FOR YEARS 2007 AND 2008 WERE SUBMITTED ON FEB 2, 2010. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT ANDTHE SDWA BY FAILING TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE PERMITTED SUBJECT WELLS. PART I, SECTION C, PARAGRAPH 3, REQUIRES THE PERMITTEE TO PERFORM INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTH. PART I,SECTION D, PARAGRAPH 2 OF THE PERMIT REQUIRES THE RESULTS OF THESE INJECTION FLUID ANALYSES TO BE SUBMITTED ANNUALLY. THE LASTFLUID ANALYSIS PRESENT IN THE PERMIT FILES IS DATED JAN 5, 2001. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT,AND THE SDWA FOR FAILURE TO ANNUALLY PERFORM INJECTION FLUID ANALYSES, AND TO SUBMIT THESE REPORTS TO EPA.





Summary

6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,936 DUE IN INSTALLMENT PAYMENTS. WITHIN 30 DAYS,RESPONDENT SHALL SUBMIT A CASHIER'S OR CERTIFIED CHECK IN THE AMOUNT OF $4,734 AS HTE INITIAL INSTALLMENT, WITH EQUAL AMOUNTSDUE EVERY 120 DAYS THEREAFTER, FOR A TOTAL OF 4 PAYMENTS. ALLEGATIONS: THE FOLLOWING INJECTION WELLS ARE OVERDUE FOR MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS AS FOLLOWS: J.F. SMITH #S-8 - MIT DUE 11/17/05; J.F. SMITH #S-7 - MIT DUE 11/02/07; J.F. SMITH #S-2 - MIT DUE 11/15/02; J.F. SMITH #S-1WI - MIT DUE 11/02/07; J.F. SMITH #S-9 - MIT DUE 11/17/05. THEREFORE, RESPONDENT VIOLATED 40 CFR 144/28(c)(2)(iv) AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY,OR PROPERTY CLOSE, PLUG, AND ABANDON THE INACTIVE WELLS. REQUIREMENTS FOUND AT 40 CFR 144.28(g)(2)(iv)(A), STATE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY PURSUANT TO 146.8, SHALLOCCUR AT LEAST ONCE EVERY 5 YEARS FOR ACTIVE WELLS. THESE WELLS ARE OVERDUE FOR MECHANICAL INTEGRITY AS FOLLOWS: HEIFNER HEIRS #5 - MIT DUE 11/02/09; J.F. SMITH #S-3 - MIT DUE 12/11 08; J.F. SMITH #S-1 - MIT DUE 11/17/03. THEREFORE RESPONDENT VIOLATED 40 CFR 144.28(g)(2)(iv)(A) AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITYOF THE ACTIVE WELLS. THE FOLLOWING INJECTION WELLS ARE OVERDUE FOR MECHANICAL INTEGROTY DEMONSTRATION REQUIREMENTS AS FOLLOWS: HEIFNER HEIRS #8 - MIT DUE 11/02/06; HEIFNER HEIRS #4 - MIT DUE 06/19/04. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OFTHE SUBJECT WELLS. PART I, SECTION C, PARAGRAPH 2 OF THE PERMIT REQUIRES WEEKLY MONITORING OF THE INJECTION AND ANNULUS PRESSURES AT THEWELLHEAD, AND FLOW RATE AND CUMULATIVE VOLUME OF THE INJECTED FLUID. PART I, SECTION D, PARAGRAPH 2 REQUIRES SUBMISSION OFTHESE MONITORING RESULTS TO EPA, POSTMARKED BY THE 28TH DAY OF THE MONTH FOLLOWING EACH FULL YEAR OF OPERATION. MONITORINGREPORTS FOR YEARS 2007 AND 2008 WERE SUBMITTED ON FEB 2, 2010. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT ANDTHE SDWA BY FAILING TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE PERMITTED SUBJECT WELLS. PART I, SECTION C, PARAGRAPH 3, REQUIRES THE PERMITTEE TO PERFORM INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTH. PART I,SECTION D, PARAGRAPH 2 OF THE PERMIT REQUIRES THE RESULTS OF THESE INJECTION FLUID ANALYSES TO BE SUBMITTED ANNUALLY. THE LASTFLUID ANALYSIS PRESENT IN THE PERMIT FILES IS DATED JAN 5, 2001. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT,AND THE SDWA FOR FAILURE TO ANNUALLY PERFORM INJECTION FLUID ANALYSES, AND TO SUBMIT THESE REPORTS TO EPA. 04-2010-1003 CONTINENTAL RESOURCES,

INC.06/11/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)





Summary6/11/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000. ALLEGATIONS: RECENT FIELD INSPECTIONS AND REVIEW OF RECORDS SHOW THAT THE FRAZIER FRYE #8 WELL HAS BEEN INACTIVE SINCE JANUARY 2000. THEREARE NO MECHANICAL INTEGRITY TEST (MIT) RECORDS IN THE FILE FOR THE FRAZIER FRYE #8 WELL, NOR A P&A AFFIDAVIT. THEREFORE, THERESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO EITHER DEMONSTRATE THE MECHANICALINTEGRITY OF THE FRAZIER FRYE #8 WELL EVERY TWO YEARS WHILE INACTIVE, OR P&A THE WELL IN ACCORDANCE WITH AN EPA-APPROVED P&APLAN. RECEND FIELD INSPECTIONS AND REVIEW OF RECORDS SHOW THAT THE GANNON-FRANKLIN #2 INJECTION WELL HAS BEEN INACTIVE SINCE JAN2002. THE RECORDS FILE FOR THE GANNON-FRANKLIN #2 INJECTION WELL SHOWS THAT THE LAST MIT WAS CONDUCTED ON MARCH 18, 2003.THEREFORE, THE RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.41(a) FOR FAILURE TO EITHER DEMONSTRATE THEMECHANICAL INTEGRITY OF THE GANNON-FRANKLIN #2 INJECTION WELL EVERY 2 YEARS WHILE INACTIVE, OR P&A THE WELL IN ACCORDANCE WITHAN EPA-APPROVED P&A PLAN. RECENT FIELD INSPECTIONS AND REVIEW OF RECORDS SHOW THAT THE DENNIS #4 INJECTION WELL HAS BEEN CONSTRUCTION, PERFORATED,AND SHUT-IN SINCE JAN 2002 WITH NO TUBING AND PACKER. THERE ARE NO MIT RECORDS IN THE FILE FOR THE DENNIS #4 INJECTION WELL, NORA P&A AFFIDAVIT. THEREFORE, THE RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT, AND 40 CFR 144.51(a) FOR FAILURE TO EITHERDEMONSTRATE THE MECHANICAL INTEGRITY OF THE DENNIS #4 INJECTION WELL EVERY 2 YRS WHILE INACTIVE, OR P&A THE WELL INACCORDANCE WITH AN EPA-APPROVED P&A PLAN. ORDER REQUIRES: RESPONDENT SHALL, WITHIN 120 DAYS, DEMONSTRATE BOTH INTERNAL AND EXTERNAL MECHANICAL INTEGRITY OF THE SUBJECT WELLS, OR P&ATHE WELLS IN ACCORDANCE WITH AN EPA-APPROVED P&A PLAN. 04-2010-1004 CUNDIFF, ANNA L. 10/15/2009 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)10/14/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1500. RESPONDENT SHALL MAKE THREE INSTALLMENTPAYMENTS OF $500 EACH. THE FIRST PAYMENT IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT IS DUE BY JANUARY 2010. ORDER ALLEGES:RESPONDENT FAILED TO SUBMIT ANNUAL INJECTION FLUID ANALYSIS REPORTS FOR THE SUBJECT WELL FOR THE YEARS 2007 AND 2008.04-2010-1005 CUMBERLAND VALLEY

RESOURCES, LLC02/04/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)





Summary2/4/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,600. ORDER ALLEGES: THE RECORDS FILE FOR THEFRAZIER HEIRS #14 WELL SHOWS THAT THE LAST DEMONSTRATION OF MECHANICAL INTEGRITY FOR THE WELL WAS CONDUCTED ON JUNE 11,2003. THERFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 144.28(g)(2)(A) FOR FAILING TO TIMELY DEMONSTRATE THE MECHANICALINTEGRITY OF THE FRAZIER HEIRS #14 INJECTION WELL. ON SEPTEMBER 28, 2009, EPA ISSUED A NOTICE OF VIOLATION AND NOTICE OPPORTUNITYTO SHOW CAUSE FOR THE FRAZIER HEIRS #14 INJECTION WELL, ALLEGING RESPONDENT TO BE IN VIOLATION OF THE SDWA AND ITSIMPLEMENTING REGULATIONS.04-2010-1006 MANEIKIS ENERGY, LLC 03/23/2010 SDWA 1414G3 AO For Penalties (PWS)3/23/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF ZERO. THERE ARE NO ANNUAL MONITORING REPORTS IN THE RECORDS FILE FOR THE SUBJECT WELL. THEREFORE, RESPONDENT IS IN VIOLATION OF 40CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE SUBJECT WELL. THERE ARE NO ANNUAL INJECTION FLUID ANALYSIS REPORTS IN THE RECORDS FILE FOR THE SUBJECT WELL. THEREFORE, RESPONDENT IS INVIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO SUBMIT ANNUAL INJECTION FLUID ANALYSIS REPORTS FOR THESUBJECT WELL. EPA REQUIRES A DEMONSTRATION OF MECHANICAL INTEGRITY AT LEAST ONCE EVERY 5 YEARS AS LONG AS THE WELL REMAINS ACTIVE. THERECORDS FILE FOR THE WELL SHOWS THAT THE LAST MECHANICAL INTEGRITY TEST (MIT) WAS CONDUCTED ON SEPT 17, 2002. THEREFORE,RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO DEMONSTRATE MECHANICAL INTEGRITY BY SEPT17, 2007. ORDER REQUIRES: RESPONDENT SHALL, WITHIN 30 DAYS, DEMONSTRATE BOTH INTERNAL AND EXTERNAL MECHANICAL INTEGRITY OF THE SUBJECT WELL, OR PLUGAND ABANDON THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN. IF THE SUBJECT WELL FAILS THE MIT TEST, RESPONDENT SHALL NOTIFYEPA WITHIN 24 HOURS OF THE FAILED MIT. WITHIN 90 DAYS OF THE FAILED MIT, RESPONDENT FAILED EITHER TAKE CORRECTIVE ACTION TOREMEDIATE AND RETEST THE WELL, OR P&A THE WELL ACCORDING TO AN EPA-APPROVED P&A PLAN. REPONDENT SHALL, WITHIN 30 DAYS, CONDUCT AN INJECTION FLUID ANALYSIS AND SUBMIT THE RESULT TO EPA. THEREAFTER, RESPONDENTSHALL CONDUCT AN INJECTION FLUID ANALYSIS AND SUBMIT THE RESULTS TO EPA ANNUALLY OR WHENEVER CHANGES ARE MADE TO THEINJECTION FLUID. RESPONDENT SHALL, WITHIN 30 DAYS, SUBMIT AN ANNUAL MONITORING REPORT TO EPA FOR THE YRS 2004 THRU 2009. THEREFORE, RESPONDENTSHALL MONITOR THE OPERATION OF THE SUBJECT WELL COVERING THE PERIOD FROM JANUARY 1ST TO DEC 31ST. THE ANNUAL MONITORINGREPORT SHALL BE SUBMITTED BY JAN 30TH OF THE FOLLOWING YEAR.





Summary04-2010-1007 BROOKSTON RESOURCES,

INC. / BROOKER, JAMES H.03/11/2010 SDWA 1414G3 AO For Penalties (PWS)

3/11/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,500, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT VIOLATED 40 CFR 144.51(a) AND THE SDWA BY FAILING TO DEMONSTRATE MECHANICAL INTEGRITY BY JULY 24, 2006. RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO TIMELY SUBMIT ANNUAL MONITORING REPORTSFOR THE SUBJECT WELLS. RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO ANNUALLY PERFORM INJECTION FLUID ANALYSES,AND TO SUBMIT THESE REPORTS TO EPA. THE G.R. CRAFTON #4 INJECTION WELL WAS TRANFERRED FROM BROOKSTON RESOURCES, INC., TO ANOTHER OPERATOR IN SEPT 2008, WTIHOUTPROPER TRANSFER DOCUMENTATION TO EPA. RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT AND THE SDWA FOR FAILURE TOPROVIDE EPA WITH THE REQUIRED TRANSFER DOCUMENTATION.04-2010-1008 BIG TOP OIL CO. 03/23/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)3/23/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $300, DUE WITHIN 30 DAYS. ALLEGATIONS: MONITORING REPORTS FOR YEARS 2005 THRU 2008 WERE NOT SUBMITTED UNTIL DEC 21, 2009. THEREFORE, RESPONDENT VIOLATED 40 CFR144.51(a), ITS PERMIT, AND THE SDWA BY FAILING TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE SUBJECT WELL. 04-2010-1009 BIG MAN OIL COMPANY, INC. 03/23/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)3/23/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,000, DUE WITHIN 30 DAYS. THE PREVIOUS MECHANICALINTEGRITY DEMONSTRATION OF THE SUBJECT WELLS WAS ON AUG 19, 2003. THE NEXT SUCH DEMONSTRATION WAS DUE NO LATER THAN AUG 19,2008, BUT WAS NOT COMPLETED UNTIL JULY 29, 2009. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA BY FILINGTO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELLS. 04-2010-1012 OHIO VALLEY ENERGY, INC. 07/02/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)





Summary7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500, DUE WITHIN 60 DAYS. ALLEGATIONS: THE WELLS WERE OVERDUE FOR MECHANICAL INTEGRITY, AS FOLLOWS, BUT WERE SUBSEQUENTLY PLUGGED IN APRIL OF 2010: EDWIN TUCKER #4; PRENTICE AYER #1. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICALINTEGRITY OF THESE WELLS. PART 1, SECTION D, PARAGRAPH 3, REQUIRES THE PERMITTEE TO PERFORM INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTHS. PART1, SECTION E, PARAGRAPH 2, OF THE PERMIT, REQUIRES THE RESULTS OF THESE INJECTION FLUID ANALYSES TO BE SUBMITTED ANNUALLY. NO FLUID ANALYSES WERE SUBMITTED FOR THE FOLLOWING WELLS UNTIL FEB 19, 2009: EDWIN TUCKER #4; PRENTICE AYER #1; JURECZKO #1; JURECZKO-HALE #1; LOGSDON #2; HOOVER-JURECZKO #1. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO ANNUALLY PERFORM INJECTION FLUIDANALYSES, AND TO SUBMIT THESE REPORTS TO EPA. 04-2010-1250 CASE DRILLING CO., INC. 10/21/2009 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)





Summary10/21/09 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. THE RECORD FILES FOR THE SUBJECT WELLS SHOW THAT THE WELLS HAVE NOT BEENINJECTED INTO FOR OVER 2 YEARS. RESPONDENT CONDUCTED A DEMONSTRATION OF MECHANICAL INTEGRITY FOR THE G.T. O'BRYAN 2-W WELLON NOV 21, 2008. RESPONDENT CONDUCTED A DEMONSTRATION OF MECHANICAL INTREGRITY FOR THE R.L. O'BRYAN 1-W INJECTION WELL ON APR8, 2009. THE REMAINING WELLS HAVE NEITHER HAD A DEMONSTRATION OF MECHANICAL INTEGRITY NOR HAVE THE WELLS BEEN PLUGGED ANDABANDONED. THEREFORE, THE 3 REMAINING WELLS ARE CURRENTLY IN NON-COMPLIANCE WITH 40 CFR 144.28(c)(2)(iv). EACH OF THE WELLS WASFORMERLY OWNED BY DOME DEVELOPMENT COMPANY, INC., WHICH WAS ADMINISTRATIVELY DISSOLVED ON NOV 3, 1998. RESPONDENT ACQUIREDTHE WELLS AND INFORMED EPA OF HIS INTENT TO EITHER PLUG AND ABANDON, CONVERT TO PRODUCTION, OR REMEDIATE AND DEMONSTRATEMECHANICAL INTEGRITY FOR EACH WELL. SPECIFICALLY, RESPONDENT STATED HIS INTENT TO: CONVERT THE G.T. O'BRYAN W-3 INJECTION WELL TO A PRODUCTION WELL AFTER A DEMONSTRATION OF THE WELLS MECHANICAL INTEGRITY; PLUG AND ABANDON THE L.B. JACOBS #6 INJECTION WELL BY DEC 31, 2009; DEMONSTRATE THE MECHANICAL INTEGRITY OF THE R.L. O'BRYAN 1-W INJECTION WELL. ORDER REQUIRES: UNDER NO CIRCUMSTANCES IS INJECTION TO RESUME INTO ANY INDIVIDUAL SUBJECT WELL UNTIL RESPONDENT HAS DEMONSTRATEDMECHANICAL INTEGRITY. NO LATER THAN DEC 31, 2009, RESPONDENT MUST EITHER DEMONSTRATE BOTH INTERNAL AND EXTERNAL MECHANICAL INTEGRITY OF ALL OF THESUBJECT WELLS, CONVERT TO PRODUCTION, OR P&A THE WELLS. IF ANY WELLS FAILS THE MECHANICAL INTEGRITY TEST, RESPONDENTS SHALLEITHER P&A THE WELL OR TAKE CORRECTIVE ACTION TO REMEDIATE AND RETEST THE WELL. ANY INJECTION WELL TO BE CONVERTED TO PRODUCTION MUST FIRST HAVE A DEMONSTRATION OF MECHANICAL INTEGRITY. NO LATER THAN DEC 31, 2009, RESPONDENT SHALL SUBMIT TO EPA A WRITTEN REPORT ON THE PROGRESS BEING MADE TO BRING THE WELLSINTO COMPLIANCE. 04-2010-1251 NEIL MAYS / N&K FARMS 12/01/2009 SDWA 1423C3 AO for Compliance (UIC)





Summary12/1/09 - FINDINGS AND ADMINISTRATIVE ORDER ON CONSENT WITH STIPULATED CIVIL PENALTY. RESPONDENT OWNS AND/OR OPERATES THEFOLLOWING INJECTION WELLS: GARRETT 59; GARRETT 43; GARRETT 45; CHANEY 65; HAMILTON XXX; HAMILTON 69; HAMILTON 64; CHANEY 58;CHANEY 52; GARRETT 56; GARRETT 50; GARRETT 46; GARRETT 51; GARRETT 41; GARRETT 39. THE SUBJECT WELLS ARE CURRENTLY IN A STATE OFNON-COMPLIANCE WITH THE SDWA AND THE UIC PROGRAM REGULATIONS AT 40 CFR 144.28(a). SPECIFICALLY, THERE IS NO EVIDENCE OFMECHANICAL INTEGRITY DEMONSTRATIONS, NO INJECTION FLUID ANALYSES, AND NO DEMONSTRATION OF FINANCIAL RESPONSIBILITY FOR THESUBJECT WELLS. THE SUBJECT WELLS WERE FORMERLY OWNED BY WESTERN CRUDE WHICH WAS ADMINISTRATIVELY DISSOLVED IN NOV 1994.RESPONDENT IS THE LANDOWNER OF THE PROPERTY WHERE THE SUBJECT WELLS ARE LOCATED AND RESIDES ON THE PROPERTY.RESPONDENT HAS LOCATED 15 INJECTION WELLS ON HIS PROPERTY BUT IS UNSURE OF THE PROPER NAME DESIGNATION FOR ALL OF THESUBJECT WELLS. THE NAME DESIGNATIONS HEREIN ARE BASED ON INFO IN EPA'S UIC DATABASE. RESPONDENT HAS INDICATED TO EPA HIS DESIRETO REMEDIATE AND OPERATE AT LEAST 2 OF THE SUBJECT WELLS FOR THE DISPOSAL OF BRINE ASSOCIATED WITH THE PRODUCTION OF CRUDEOIL AND GAS. RESPONDENT WILL PULL AND ABANDON THE SUBJECT WELLS WHICH HE DOES NOT CHOOSE TO OPERATE. 04-2010-1252 CORNERSTONE MINERALS,

LTD.12/01/2009 SDWA 1423C3 AO for Compliance (UIC)

12/1/09 - ADMINISTRATIVE ORDER ISSUED. RESPONDENT HAS FAILED TO DEMONSTRATE AND MAINTAIN FINANCIAL RESPONSIBILITY FOR THESUBJECT WELL. ORDER REQUIRES: RESPONDENT IS HEREBY ORDERED TO IMMEDIATELY CEASE INJECTION INTO THE SUBJECT WELL.04-2010-1253 VERNON OIL COMPANY 11/10/2009 SDWA 1423C3 AO for Compliance (UIC)11/10/09 - ADMINISTRATIVE ORDER ISSUED. DURING AN INSPECTION ON JUNE 18, 2009, THIS WELL WAS ACTIVELY INJECTING PRODUCED FLUIDS. 40CFR 144.11 PROHIBITS INJECTION INTO A WELL UNLESS IT IS EITHER UNAUTHORIZED BY RULE OR BY PERMIT. THE SUBJECT WELL IS NEITHERAUTHORIZED BY RULE NOR BY PERMIT. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.11 FOR INJECTING INTO A WELL THAT IS NOTAUTHORIZED BY RULE OR BY PERMIT. RESPONDENT IS HEREBY ORDER TO IMMEDIATELY CEASE INJECTION INTO THE SUBJECT WELL.04-2010-1254 MULLINS, SCOTT 03/16/2010 SDWA 1423C3 AO for Compliance (UIC)





Summary3/16/2010 - ADMINISTRATIVE ORDER ON CONSENT. ORDER ALLEGES: THE SUBJECT WELL IS PRESENTLY PERMITTED IN THE NAME OF YOUNG OILCORPORATION, AND EPA HAS NOT RECEIVED THE REQUIRED DOCUMENTAIION FOR THE TRANSFER OF PERMIT AND FINANCIAL RESPONSIBILITY,COVERAGE, AND LIABILITY FROM YOUNG OIL CORPORATION TO SCOTT MULLINS. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 144.51(a), ITS PERMIT, AND THE SDWA FOR OPERATING WITHOUT NOTICE TO ANDAPPROVAL OF EPA REGARDING THE TRANSFER OF THE PERMIT. PART II, SECTION G, PARAGRAPH OF THE PERMIT REQUIRES A DEMONSTRATIONOF MECHANICAL INTEGRITY AT LEAST ONCE EVERY FIVE YEARS. THE LAST SUCH DEMONSTRATION OF THE SUBJECT WELL WAS ON MAY 31, 2002, AND SHOULD HAVE BEEN REPEATED NO LATER THAN MAY 13. 2007.NO SUBSEQUENT MECHANICAL INTEGRITY TEST WAS PERFORMED. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 144.51(a), THE PERMIT,AND THE SDWA BY FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELL BY MAY 31, 2007. PART I, SECTION C, PARAGRAPH 2, REQUIRES THE PERMITTEE TO WEEKLY MONITOR THE INJECTION PRESSURE AT THE WELLHEAD, ANNULUSPRESSURE AT THE WELLHEAD, AND FLOW RATE OF THE INJECTED FLUID. IN ADDITION, THE CUMULATIVE VOLUME OF THE INJECTED FLUID MUST BERECORDED EACH MONTH. PART I, SECTION 3, PARAGRAPH 2, CONTAINS THE REQUIREMENT TO SUBMIT THE RESULT OF ALL MONITORING BYJANUARY 30TH OF THE FOLLOWING YEAR. MONITORING REPORTS WERE NEVER SUBMITTED TO EPA FOR THE SUBJECT WELL. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 144.51(a), THE PERMIT, AND THE SDWA BY FAILING TO SUBMIT MONITORING REPORTS TOEPA. PART I, SECTION C, PARAGRAPH 3, REQUIRES THE PERMITTEE TO CONDUCT INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTHS. PART I,SECTION D, PARAGRAPH 2, OF THE PERMIT, REQUIRES THE RESULTS OF ALL MONITORING TO BE SUBMITTED ONCE EVERY 12 MONTHS. THERE ARE NO INJECTION FLUID ANALYSIS REPORTS ON FILE FOR THE SUBJECT WELL. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION144.519a), THE PERMIT, AND THE SDWQ BY FAILING TO SUBMIT THE REQUIRED FLUID ANALYSIS REPORTS TO EPA. 04-2010-1256 ANDERSON OIL & GAS, INC. 07/10/2010 SDWA 1423C3 AO for Compliance (UIC)





Summary7/10/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: DURING RECENT INSPECTIONS, AN UNKOWN INUECTION WELL, STATE PERMIT NO. N15711, WAS FOUND CONSTRUCTED WITH A NEW WELLHEADAND NEW ONE-INCH STEEL INJECTION LINE CONNECTED TO THE PUMPHOUSE. 40 CFR SECTION 144.11 PROHIBITS CONSTRUCTION OF ANY WELL RQUIRED TO HAVE A PERMIT UNTIL THE PERMIT HAS BEEN ISSUED. INJECTION ISPROHIBITED IN THE ABSENCE OF RULE-AUTHORIZATION OR AN ISSUED PERMIT. THE SUBJECT WELL DOES NOT HAVE AN ISSUED PERMIT. THEREFORE, RESPONDENT IS IN VIOLATION OF SDWA AND 40 CFR SECTION 144.11 FORCONSTRUCTION OF A WELL FOR WHICH A PERMIT HAS NOT BEEN ISSUED. ORDER REQUIRES: RESPONDENT IS HEREBY ORDERED TO IMMEDIATELY CEASE INJECTION INTO THE SUBJECT WELLS. RESPONDENT IS HEREBY ORDERED TO DISASSEMBLE ALL INJECTION EQUIPMENT TO THE UNAUTHORIZED INJECTION WELL, INCLUDING REMOVALOF THE ONE-INCH STEEL INJECTION LINE CONNECTING SUCH WELL TO A PUMPHOUSE.04-2010-1500 JUBOG DEMOLITION AND

ENVIRONMENTAL, INC.10/16/2009 CAA 113D1 Action For Penalty

10/13/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,272.00. RESPONDENT SHALL EIGHT QUARTERLYPAYMENTS. THE FIRST PAYMENT OF $1,660.55 IS DUE BY NOVEMBER 2009. THE LAST PAYMENT IS DUE BY NOVEMBER 2011. ORDER ALLEGES: RESPONDENT FAILED TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITIONACTIVITIES.04-2010-1501 SUMMERELL WOODWORKS,


10/27/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,256. RESPONDENT SHALL MAKE EIGHT PAYMENTSOVER A PERIOD OF TWO YEARS. ORDER ALLEGES: RESPONDENT FAILED TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TOTHE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIORTO TO THE INITIATION OF DEMOLITION ACTIVITIES. IN VIOLATION OF CAA SECTION 112.04-2010-1502 SOUTH VIEW CEMETERY

ASSOCIATION11/24/2009 CAA 113D1 Action For Penalty





Summary11/24/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,019. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. RESPONDENT FAILED TO INCLUDE IN THE DEMOLITION NOTICE THE SCHEDULED STARTING AND COMPLETION DATES OF THEDEMOLITION.04-2010-1503 MAPA SPONTEX, INC. 01/12/2010 CAA 113D1 Action For Penalty1/12/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,500, DUE WITHIN 30 DAYS. EPA ALLEGES THAT RESPODENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS BECAUSERESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN: RESPONDENT FAILED TO DOCUMENT THE NAMES OR POSITIONS OF ALL PERSONS ASSIGNED TO IMPLEMENT INDIVIDUAL REQUIREMENTS OF THEFACILITY'S ACCIDENT PREVENTION PROGRAM, AND TO DOCUMENT THE ASSOCIATED LINES OF AUTHORITY OF SUCH PERSONS OR POSITIONS THRUAN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR 68.15(c); RESPONDENT FAILED TO DEVELOP A WRITTEN SCHEDULE FOR THE IMPLEMENTATION/COMPLETION OF RECOMMENDATIONS (ACTION ITEMS)RESULTING FROM TEH 2005 PROCESS HAZARD ANALYSIS, AND FAILURE TO DOCUMENT THE OUTCOME AND COMPLETION OF ACTION ITEMIDENTIFIED AS NODE 2.10(19) AS REQUIRED BY 40 CFR 68.67(e); RESPONDENT FAILED TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVEBEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR 68.69(c); RESPONDENT FAILED TO CONDUCT AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAMREQUIREMENTS AT LEAST EVERY 3 YEARS AS REQUIRED BY 40 CFR 68.79(a); AND RESPONDENT FAILED TO COMPLY WITH THE REPORTING REQUIREMENTS OF 40 CFR 68.195(a). UNDER SUCH REQUIREMENT, IF AN OWNER OROPERATOR EXPERIENCES AN ACCIDENTAL RELEASE THAT MEETS THE 5-YR ACCIDENT HISTORY REPORTING CRITERIA (AS DEFINED AT 40 CFR68.42) SUBSEQUENT TO APR 9, 2004, THE OWNER OR OPERATOR MUST SUBMIT THE INFO REQUIRED AT 40 CFR 68.168, 68.170(j) AND 68.175(l) WITHIN6 MONTH OF THE RELEASE. A REPORTABLE ACCIDENT OCCURRED AT THE FACILITY ON SEPT 13, 2006. HOWEVER, MAPA SPONTEX, INC., DID NOTSUBMIT THE REQUIRED ACCIDENT HISOTRY INFO UNTIL MAR 10, 2008 (POSTMARK DATE) 12 MONTH LATER THAN REQUIRED.04-2010-1504 SCION HOLDINGS, INC. 01/26/2010 CAA 113D1 Action For Penalty





Summary1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,418, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR AFTER MARCH 19, 2009, RESPONDENT DEMOLISHED A FACILITY LOCATED AT 808 MCDONOUGH BOULEVARD, SE, IN ATLANTA, GA. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(a) BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THEINITIATION OF DEMOLITION ACTIVITIES. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145 BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITYPRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. 04-2010-1505 PARKER YOUNG

CONSTRUCTION, INC.03/17/2010 CAA 113D1 Action For Penalty

3/17/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,257. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: ON OR AFTER MAY 25, 2009, RESPONDENT DEMOLISHED FACILITY A LOCATED AT 901 OLDE MILL LANE, BUILDINGS 800 AND 900,NORCROSS, GEORGIA. FACILITY A CONSISTED OF FIRE DAMAGED CONDOMINIUM BUILDINGS. DEMOLITION IS DEFINED IN 40 CFR SECTION 61.141 ASTHE WRECKING OR TAKING OUT OF ANY LOAD-SUPPORTING STRUCTURAL MEMBER OF A FACILITY TOGETHER WITH ANY RELATED HANDLINGOPERATIONS OR THE INTENTIONAL BURNING OF ANY FACILITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA, BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH FACILITY A PRIOR TOTHE INITIATION OF DEMOLITION ACTIVITIES. ON OCTOBER 6, 2009, RESPONDENT SUBMITTED PROJECT NOTIFICATION NUMBER 18956 TO THE GEORGIA ENVIRONMENTAL PROTECTION DIVISIONFOR THE DEMOLITION OF FACILITY B LOCATED AT 1500 LAKES PARKWAY, LAWRENCEVILLE, GEORGIA. THE DEMOLITION START DATE LISTED ON THEPROJECT NOTIFICATION WAS OCTOBER 5, 2009. RESPONDENT SUBMITTED PROJECT NOTIFICATION NUMBER 18956 AFTER THE LISTED DEMOLITIONSTART DATE. RESPONDENT VIOLATED SECTION 112 OF THE CAA BY FAILING TO POSTMARK OR DELIVER A WRITTEN NOTICE OF INTENTION TODEMOLISH FACILITY B AT LEAST 10 WORKING DAYS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.04-2010-1506 TENNESSEE ALUMINUM

PROCESSORS, INC.10/27/2009 CAA 113D1 Action For Penalty

10/27/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000, DUE WITHIN 30 DAYS. EPA ALLEGES THAT SINCE THECOMPLIANCE DATE OF MARCH 24, 2003, RESPONDENT HAS BEEN IN VIOLATION OF 40 CFR 63.1506(m)(5), 63.1510(j)(4), AND 63.1512(o) BY NOTESTABLISHING A TOTAL REACTIVE FLUX RATE FOR EACH GROUP 1 FURNACE.04-2010-1507 KENDRICK CLEARING AND

HAULING, INC.12/04/2009 CAA 113D1 Action For Penalty





Summary12/4/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,741. RESPONDENT SHALL MAKE SIX INSTALLMENTPAYMENTS. THE FIRST PAYMENT IS DUE BY 1/2010. ORDER ALLEGES: 1) RESPONDENT FAILED TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF DEMOLITION SERVICIES. 2) RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY. 04-2010-1508 PEACH CONTRACTORS, INC. 11/19/2009 CAA 113D1 Action For Penalty11/19/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,564. 24 PAYMENTS WILL BE MADE TO COMPLETE THE PAYMENTOF THE ENTIRE CIVIL PENALTY, INCLUDING INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS, AND SUBSEQUENT PAYMENTS WILL BE DUE IN30 DAY INTERVALS THEREAFTER. FINAL PAYMENT IS DUE WITHIN 720 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS THE OWNER OF PEACH CONTRACTORS, LOCATED AT 3127 DAMASCUS ROAD, UNIT A, AUGUSTA, GA.RESPONDENT IS THE GENERAL CONTRACTOR HIRED TO CONDUCT A DEMOLITION AT NEWELL RECYCLING, LLC LOCATED AT 1540 DOUG CERNARDPARKWAY, AUGUSTA, GA. SOMETIME BETWEEN MARCH 9, 2009 AND APRIL 9, 2009, A BUILDING PREVIOUSLY UTILIZED FOR COMMERCIAL PURPOSESAT THE FACILITY WAS DEMOLISHED BY PRECISION TOWER MAINTENANCE, INC., A SUBCONTRACTOR HIRED BY THE RESPONDENT. PRECISIONOBTAINED A DEMOLITION PERMIT FROM RICHMOND COUNTY FOR THE DEMOLITION. ON AUGUST 18, 2009, EPA WAS INFORMED THAT THERESPONDENT WAS THE GENERAL CONTRACTOR HIRED TO CONDUCT THE SAID DEMOLITION. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR61.145(b) BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY PRIOR TO THE INITIATIONOF DEMOLITION ACTIVITIES. 04-2010-1509 J. M. WILKERSON

CONSTRUCTION COMPANY,INC.


2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,928. ORDER ALLEGES: ON OR AFTER APRIL 17, 2009,RESPONDENT DEMOLISHED TWO FACILITIES LOCATED AT 2045 GRAHAM DIRCLE SE, ATLANTA, GEORGIA. THE TWO FACILITIES WERE RESIDENTIALDUPLEXES. DEMOLITION IS DEFINED IN 40 CFR SECTION 61.141 AS THE WRECKING OR TAKING OUT OF ANY LOAD-SUPPORTING STRUCTURALMEMBER OF A FACILITY TOGETHER WITH ANY RELATED HANDLING OPERATIONS OR THE INTENTIONAL BURNING OF ANY FACILITY. RESPONDENTVIOLATED SECTION 112 OF THE CAA, BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATIONOF DEMOLITION ACTIVITIES.04-2010-1510 CDP JOHNSON FERRY LR, LLC 02/25/2010 CAA 113D1 Action For Penalty





Summary2/25/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680, DUE WITHIN 30 DAYS. SOMETIME BETWEEN APRIL 27, 2009AND MAY 6, 2009, BUILDINGS PREVIOUSLY UTILIZED FOR COMMERCIAL PURPOSES AT THE FACILITY WERE DEMOLISHED BY FORSYTH GRADING ANDHAULDING, INC., A SUBCONTRACTOR HIRED BY YOUNG CONTRACTING, INC., THE CONTRACTOR HIRED BY THE RESPONDENT. ON MAY 6, 2009, EPAPERFORMED AN INSPECTION AT THE FACILITY AND DISCOVERED THAT BUILDINGS HAD BEEN DEMOLISHED. THE PROJECT NOTIFICATION FOR THESITE DATED APR 23, 2009, LISTED THE DATES OF DEMOLITION AS APR 27, 2009 THRU MAY 22, 2009. THE NOTIFICATION DID NOT INCLUDE THE NAME,ADDRESS AND PHONE NUMBER OF THE DEMOLITION CONTRACTOR. RESPONDENT VIOLATED CAA SECTION 112 AND 40 CFR 61.145(b)(1), BY FAILINGTO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY 10 WORKING DAYS BEFORE DEMOLITIONBEGINS. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(b)(4)(ii) BY FAILING TO PROVIDE THE NAME, ADDRESS, AND TELEPHONE NUMBEROF THE FACILITY OPERATOR IN THE WRITTEN NOTICE OF INTENTION TO DEMOLISH A REGULATED FACILITY.04-2010-1511 YOUNG CONTRACTING

COMPANY, INC.03/03/2010 CAA 113D1 Action For Penalty

3/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680. RESPONDENT FAILED TO PROVIDE WRITTEN NOTICEOF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY 10 WORKING DAYS BEFORE DEMOLITION BEGAN. RESPONDENT FAILED TOPROVIDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE FACILITY OPERATOR IN THE WRITTEN NOTICE OF INTENTION TO DEMOLISH AREGULATED FACILITY.04-2010-1512 FERRELL W. KITCHENS 03/25/2010 CAA 113D1 Action For Penalty3/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,716. RESPONDENT SHALL MAKE EIGHT INSTALLMENTPAYMENTS OVER A TWO YEAR PERIOD. THE FIRST PAYMENT OF $762.75 IS DUE BY APRIL 25, 2010. THE LAST PAYMENT OF $725.42 IS DUE BYFEBRUARY 2012. ORDER ALLEGES: RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412 AND 40 C.F.R. SECTION 61.145(a), BY FAILING TO INSPECT THE FACILITYFOR THE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C SECTION 7412, AND 40 C.F.R. SECTION 61.145(a), BY FAILING TO PROVIDE WRITTENNOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. 04-2010-1513 FORSYTH GRADING AND

HAULING, LLC04/21/2010 CAA 113D1 Action For Penalty





Summary4/21/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680, DUE IN 6 INSTALLMENT PAYMENTS. FIRST PAYMENT DUE 30DAYS AFTER FILING AND SUBSEQUENT PAYMENTS WILL BE DUE EVERY MONTH THEREAFTER. RESPONDENT WAS THE DEMOLITION CONTRACTOR RESPONSIBLE FOR THE DEMOLITION OF A FACILITY WHERE A PROPOSED CVS DRUGSTORE ISTO BE BUILT. AT THIS SITE, BUILDINGS PREVIOUSLY LOCATED AT 681, 685, AND 703 JOHNSON FERRY ROAD, AND 4473 LOWER ROSWELL ROAD INMARIETTA, GA WERE DEMOLISHED. SOMETIME BETWEEN APR 27, 2009, AND MAY 6, 2009, BUILDINGS PREVIOUSLY UTILIZED FOR COMMERCIAL PURPOSES AT THE FACILITY WEREDEMOLISHED BY THE RESPONDENT, A SUBCONTRACTOR HIRED BY YOUNG CONTRACTING COMPANY, INC., THE GENERAL CONTRACTOR. ON MAY 6, 2009, EPA PERFORMED AN INSPECTION AT THE FACILITY AND DISCOVERED THAT BUILDINGS HAD BEEN DEMOLISHED. THE PROJECTNOTIFICATION FOR THE SITE DATED APR 23, 2009, LISTED THE DATES OF DEMOLITION AS APR 27, 2009, THRU MAY 22, 2009. THE NOTIFICATION DIDNOT INCLUDED THE NAME, ADDRESS, AND PHONE NUMBER OF THE DEMOLITION CONTRACTOR. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR61.145(b)(1), BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY AT LEAST 10 WORKINGDAYS BEFORE DEMOLITION BEGAN. RESPONDENT VIOLATED CAA SEC 112 AND 40 CFR 61.145(b)(4)(ii) BY FAILING TO PROVIDE THE NAME, ADDRESS, AND PHONE NUMBER OF THEFACILITY OPERATOR IN THE WRITTEN NOTICE OF INTENTION TO DEMOLISH A REGULATED FACILITY.04-2010-1514 PRECISION TOWER

MAINTENANCE, INC.05/25/2010 CAA 113D1 Action For Penalty

5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,282. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: SOMETIME BETWEEN MARCH 9, 2009, AND APRIL 9, 2009, A BUILDING PREVIOUSLY UTILIZED FOR COMMERCIAL PURPOSES AT THE FACILITY WASDEMOLISHED BY THE RESPONDENT. THE RESPONENT OBTAINED A DEMOLITION PERMIT FROM RICHMOND COUNTY FOR THE DEMOLITION. DEMOLITION IS DEFINED IN 40 CFR SECTION 61.41 AS THE WRECKING OR TAKING OUT OF ANY LOAD-SUPPORING STRUCTURAL MEMBER OF AFACILITY TOGETHER WITH ANY RELATED HANDLING OPERATIONS OR THE INTENTIONAL BURNING OF ANY FACILITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412, AND 40 CFR SECTION 61.145(b)(1), BY FAILING TO PROVIDE WRITTENNOTICE OF INTENTION TO DEMOLISH OR RENOVATE A REGULATED FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.04-2010-1515 LOKEY HOMEBUILDERS

COMPANY, INC.04/06/2010 CAA 113D1 Action For Penalty





Summary4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF ZERO. SPECIFIC ALLEGATIONS: RESPONDENT IS A CONTRACTOR THE WAS HIRED BY A FACILITY OWNER TO CONDUCT DEMOLITION ACTIVITIES AT A FORMER NURSING HOMEKNOWN AS THE PLACE AT AUGUSTA (THE FACILITY), LOCATED AT 820 STEVENS CREEK ROAD, IN AUGUSTA GA. SOMETIME BETWEEN SEPT 29, 2008, AND OCT 15, 2008, TWO STRUCTURES AT THE FACILITY, A LAUNDRY ROOM AND A SUPPLY ROOM, WEREDEMOLISHED BY KENRICK CLEARING AND HAULING, INC., A SUBCONTRACTOR HIRED BY THE RESPONDENT TO PERFORM THE DEMOLITION. RESPONDENT VIOLATED SECTION 112 OF THE CAA AND 40 CFR 61.145(a), BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOSPRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT VIOLATED SECTION 112 OF THE CAA AND 40 CFR 61.145(b)(1), BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISHOR RENOVATE A REGULATED FACILITY. 04-2010-1519 CENTERS FOR DISEASE

CONTROL AND PREVENTION(FF)


8/11/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $163,000. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT DID NOT PERFORM ITS ANNUAL PERFORMANCE TEST ON INC3 AT THE REQUIRED 12-MONTH INTERVAL, AS REQUIRED BY CONDITIONNO. 4.2.9 OF THE TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3).04-2010-1520 JHC CORPORATION 08/03/2010 CAA 113D1 Action For Penalty





Summary8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,923. RESPONDENT SHALL EIGHT PAYMENTS. THE FIRSTPAYMENT OF $1,127.61 IS DUE WITHIN THIRTY DAYS OF THE CAFO FILING DATE. THE LAST PAYMENT OF $1,127 IS DUE WITHIN 480 DAYS OF CAFOFILING DATE. ORDER ALLEGES: RESPONDENT WAS THE OPERATOR OF DEMOLITION ACTIVITY AT 450 MORGAN FALLS PLACE IN SANDY SPRINGS, GEOGIA THAT WAS CONDUCTEDSOMETIME AFTER FEBRUARY 20, 2009. THE DEMOLITION ACTIVITY WAS ASSOCIATED WITH STRUCTURES CONSISTING OF A STADIUM ANDCONCESSION AREAS. "DEMOLITION" IS DEFINED IN 40 C.F.R. SECTIN 61.141 AS THE WRECKING OR TAKING OUT ANY LOAD-SUPPORTING STRUCTURAL MEMBER OF AFACILITY TOGETHER WITH ANY RELATED HANDLING OPERATIONS OR THE INTENTIONAL BURNING OF ANY FACILITY. RESPONDENT FAILED TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PIROR TO THE INITIATION OF DEMOLITIONACTIVITIES. RESPONDENT VIOLATED SECTION 112 OF THE CAA, BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TOTHE INITIATION OF DEMOLITION ACTIVITIES. 04-2010-1523 ANTHONY, SHELLEY 08/03/2010 CAA 113D1 Action For Penalty8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,461. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: ON OR ABOUT JUNE 22, 2009, RESPONDENT DEMOLISHED A FACILITY LOCATED AT 2853 PANOLA ROAD, LITHONIA, GEORGIA. THE FACILITY WASUSED A C'EST BON RESTAURANT. RESPONDENT VIOLATED SECTION 112 OF THE CAA, AND 40 CFR SECTION 61.145(b) BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TODEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.04-2010-1525 A.D. WILLIAMS

CONSTRUCTION, INC.06/17/2010 CAA 113D1 Action For Penalty





Summary6/17/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,187, PLUS INTEREST, TO BE PAID IN 4 INSTALLMENT PAYMENTS.THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMSN WILL BE DUE EVERY 3 MONTHS THEREAFTER. SPECIFIC ALLEGATIONS: RESPONDENT IS A SUBCONSTRACTOR THAT WAS PREVIOUSLY HIRED BY VARLEY CONSTRUCTION, A GENERAL CONTRACTOR, TO DEMOLISH AFACILITY THAT WAS PREVIOUSLY A TACO BELL, LOCATED AT 302 MALL BOULEVARD, IN SAVANNAH, GA. BETWEEN JULY 10, 2009, AND SEPT 18, 2009, RESPONDENT DEMOLISHED THE FACILITY. RESPONDENT VIOATED CAA SEC 112 AND 40 CFR 61.145(b) BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITYPRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. 04-2010-1526 M-K REALTY 06/23/2010 CAA 113D1 Action For Penalty6/23/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,039. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER STATES: ON OR ABOUT JULY 2, 2009, RESPONDENT DEMOLISHED A FACILITY LOCATED AT 1320 CHERRY AVENUE, COLUMBUS, GEORIGA. THE FACILITY WASFORMERLY USED USED AS DEAL'S CUSTOM FURNITURE. DEMOLITION IS DEFINED IN 40 CFR SECTION 61.141 AS THE WRECKING OR TAKING OUT OFANY LOAD-SUPPORTING STRUCTURAL MEMBER OF A FACILITY TOGETHER WITH ANY RELATED HANDLING OPERATIONS OR THE INTENTIONALBURNING OF ANY FACILITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412, AND 40 CFR SECTION 61.145(b) BY FAILINGTO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. 04-2010-1530 BLACKWATER CONSTRUCTION

GROUP, LLC06/17/2010 CAA 113D1 Action For Penalty





Summary6/17/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $200, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS A CONTRACTOR THAT WAS PREVIOUSLY HIRED BY W.N.B., INC. THE FACILITY OWNER, TO DEMOLISH A FACILITY THAT WASPREVIOUSLY A DO-IT-YOURSELF CAR WASH LOCATED AT 2075 CANDLER ROAD IN DECATUR, GA. BETWEEN JUNE 22, 2009 AND AUG 7, 2009, THE RESOPNDENT DEMOLISHED THE FACILITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA AND 40 CFR 61.145(b) BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THEFACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. 04-2010-1531 MARCO ISLAND, FL, CITY OF,

AND QUALITY ENTERPRISESUSA, INC.


6/23/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF %81,772, WHICH SHALL BE PAID BY QUALITY, PURSUANT TO ASEPARATE AGREEMENT BETWEEN THE RESPONDENTS, WITHIN 30 DAYS FROM THE EFFECTIVE DATE. IN THE EVENT THAT QUALITY FAILS TO PAYTHE PENALTY AS REQUIRED IN THIS CAFO, THE CITY SHALL PAY THE PENALTY WITHIN 60 DAYS AFTER RECEIPT OF A WRITTEN DEMAN FORPAYMENT FROM EPA. IF THE PENALTY IS NOT PAID BY EITHER PARTY AS REQUIRED BY THIS CAFO, EPA RESERVES ITS RIGHTS TO INITIATE ACTIONPURSUANT TO CAA SEC 113(d) AGAINST ONE OR BOTH PARTIES TO ASSESS PENALTIES FOR VIOLATIONS OF THE ASBESTOS NESHAP. ALLEGATIONS: EPA ALLEGES THAT BETWEEN APPROX MARCH 2005 AND MARCH 2006, AS PART OF THE IMPLEMENTATION OF THE PROJECT, A PORTION OF THEEXISTING ASBESTOS-CONTAINING CEMENT PIPING WAS EXCAVATED AND THE REMAINDER WAS ABANDONED IN PLACE AND GROUTED. AS A RESULTOF THE HANDLING OF THE EXCAVATED ASBESTOS-CONTAINING CEMENT PIPING, EPA ALLEGES THAT A PORTION OF IT BECAME "REGULATEDASBESTOS CONTAINING MATERIAL" (RACM) AS THAT TERM IS DEFINED IN 40 CFR 61.141. EPA ALLEGES THAT THE EXCAVATION AND DISPOSAL OFRACM AT VARIOUS LOCATIONS AROUND THE PROJECT SITE QUALIFIES THE PROJECT AS A RENOVATION PURSUANT TO THE ASBESTOS NESHAP. AS A RENOVATION PROJECT THAT INVOLVED THE EXCAVATION, HANDLING, AND DISPOSAL OF RACM, EPA ALLEGES THAT THE PROJECT WASSUBJECT TO THE NOTIFICATION AND WORK PRACTICES REQUIREMENTS OF THE ASBESTOS NESHAP. EPA ALLEGES THAT RESPONDENTS FAILEDTO COMPLY WITH THE APPLICABLE ASBESTOS NESHAP REQUIREMENTS AS FOLLOWS: A. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CCR 61.145(a) BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TOTHE INITIATION OF RENOVATION ACTIVITES. B. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(b) BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO RENOVATE THEFACILITY COMPONENT PRIOR TO THE INITATION OF RENOVATION ACTIVITIES INVOLVING AT LEAST 260 LINEAR FEET OF REGULATED ASBESTOS-CONTAINING MATERIAL (RACM) ON A FACILITY COMPONENT. C. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(c)(1) BY FAILING TO REMOVE RACM FROM A FACILITY BEING RENOVATED BEFORE ANYACTIVITY BEGINS THAT WOULD BREAK UP, DISLODGE, OR SIMILARLY DISTURB THE MATERIAL. D. RESPONDENTS VIOATED CAA SEC 112 AND 40 CFR 61.145(c)(6)(i) BY FAILING TO ADEQUATELY WET ALL RACM INCLUDING MATERIAL THAT HASBEEN REMOVED OR STRIPPED AND ENSURE THAT IT REMAINS WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FORDISPOSAL IN ACCORDANCE WITH 40 CFR 61.150. E. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(c)(8) BY FAILING TO HAVE AN ON-SITE REPRESENTATIVE TRAINED IN THE PROVISIONSOF 40 CFR PART 61, SUBPART M (THE ASBESTOS NESHAP) AND THE MEANS OF COMPLYING WITH THEM. F. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.150(b)(1) BY FAILING TO DEPOSIT ALL ASBESTOS-CONTAINING WASTE MATERIAL (ACWM)AS SOON AS PRACTICAL AT A WASTE DISPOSAL SITE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 61.154.





Summary

6/23/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF %81,772, WHICH SHALL BE PAID BY QUALITY, PURSUANT TO ASEPARATE AGREEMENT BETWEEN THE RESPONDENTS, WITHIN 30 DAYS FROM THE EFFECTIVE DATE. IN THE EVENT THAT QUALITY FAILS TO PAYTHE PENALTY AS REQUIRED IN THIS CAFO, THE CITY SHALL PAY THE PENALTY WITHIN 60 DAYS AFTER RECEIPT OF A WRITTEN DEMAN FORPAYMENT FROM EPA. IF THE PENALTY IS NOT PAID BY EITHER PARTY AS REQUIRED BY THIS CAFO, EPA RESERVES ITS RIGHTS TO INITIATE ACTIONPURSUANT TO CAA SEC 113(d) AGAINST ONE OR BOTH PARTIES TO ASSESS PENALTIES FOR VIOLATIONS OF THE ASBESTOS NESHAP. ALLEGATIONS: EPA ALLEGES THAT BETWEEN APPROX MARCH 2005 AND MARCH 2006, AS PART OF THE IMPLEMENTATION OF THE PROJECT, A PORTION OF THEEXISTING ASBESTOS-CONTAINING CEMENT PIPING WAS EXCAVATED AND THE REMAINDER WAS ABANDONED IN PLACE AND GROUTED. AS A RESULTOF THE HANDLING OF THE EXCAVATED ASBESTOS-CONTAINING CEMENT PIPING, EPA ALLEGES THAT A PORTION OF IT BECAME "REGULATEDASBESTOS CONTAINING MATERIAL" (RACM) AS THAT TERM IS DEFINED IN 40 CFR 61.141. EPA ALLEGES THAT THE EXCAVATION AND DISPOSAL OFRACM AT VARIOUS LOCATIONS AROUND THE PROJECT SITE QUALIFIES THE PROJECT AS A RENOVATION PURSUANT TO THE ASBESTOS NESHAP. AS A RENOVATION PROJECT THAT INVOLVED THE EXCAVATION, HANDLING, AND DISPOSAL OF RACM, EPA ALLEGES THAT THE PROJECT WASSUBJECT TO THE NOTIFICATION AND WORK PRACTICES REQUIREMENTS OF THE ASBESTOS NESHAP. EPA ALLEGES THAT RESPONDENTS FAILEDTO COMPLY WITH THE APPLICABLE ASBESTOS NESHAP REQUIREMENTS AS FOLLOWS: A. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CCR 61.145(a) BY FAILING TO INSPECT THE FACILITY FOR THE PRESENCE OF ASBESTOS PRIOR TOTHE INITIATION OF RENOVATION ACTIVITES. B. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(b) BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO RENOVATE THEFACILITY COMPONENT PRIOR TO THE INITATION OF RENOVATION ACTIVITIES INVOLVING AT LEAST 260 LINEAR FEET OF REGULATED ASBESTOS-CONTAINING MATERIAL (RACM) ON A FACILITY COMPONENT. C. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(c)(1) BY FAILING TO REMOVE RACM FROM A FACILITY BEING RENOVATED BEFORE ANYACTIVITY BEGINS THAT WOULD BREAK UP, DISLODGE, OR SIMILARLY DISTURB THE MATERIAL. D. RESPONDENTS VIOATED CAA SEC 112 AND 40 CFR 61.145(c)(6)(i) BY FAILING TO ADEQUATELY WET ALL RACM INCLUDING MATERIAL THAT HASBEEN REMOVED OR STRIPPED AND ENSURE THAT IT REMAINS WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FORDISPOSAL IN ACCORDANCE WITH 40 CFR 61.150. E. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.145(c)(8) BY FAILING TO HAVE AN ON-SITE REPRESENTATIVE TRAINED IN THE PROVISIONSOF 40 CFR PART 61, SUBPART M (THE ASBESTOS NESHAP) AND THE MEANS OF COMPLYING WITH THEM. F. RESPONDENTS VIOLATED CAA SEC 112 AND 40 CFR 61.150(b)(1) BY FAILING TO DEPOSIT ALL ASBESTOS-CONTAINING WASTE MATERIAL (ACWM)AS SOON AS PRACTICAL AT A WASTE DISPOSAL SITE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 61.154.04-2010-1532 PENNAKEM LLC 08/02/2010 CAA 113D1 Action For Penalty8/2/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,463. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON AUGUST 28, 2008, EPA ALLEGES THAT THE RESPONDENTVIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOTADEQUATELY IMPLEMENT A PROVISION OF 40 CFR PART 68 WHEN IT: FAILED TO UPDATE AND REVALIDATE ITS PROCESS HAZARD ANALYSIS (PHA) AT LEAST EVERY FIVE YEARS AFTER THE COMPLETION OF THE INITIALPHA TO ASSURE THAT ITS PHA IS CONSISTENT WITH THE CURRENT PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(f); AND FAILED TO REVIEW, UPDATE AND SUBMIT ITS RISK MANAGEMENT PLAN (RMPLAN) TO EPA AT LEAST EVERY FIVE YEARS AS REQUIRED BY 40 CFRSECTION 68.190(b)(1). THE RESPONDENT'S RMPLAN WAS DUE FOR ITS FIVE YEAR REVIEW UPDATE AND RESUBMISSIN ON OR BEFORE JUNE 18, 2009.AS OF MARCH 3, 2010, THE RESPONDENT HAD NOT UPDATED AND RESUBMITTED ITS RMPLAN. 04-2010-1533 SUMWALT ASSOCIATES, INC. 08/02/2010 CAA 113D1 Action For Penalty





Summary8/2/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,606. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: ON OR AFTER JANUARY 5, 2009, RESPONDENT DEMOLISHED A FACILITY LOCATED AT 2208 DERENNE AVENUE, SAVANNAH, GEORGIA. THE FACILITYWAS A CHURCH BUILDING. DEMOLITION IS DEFINED IN 40 CFR SECTION 61.141 AS THE WRECKING OR TAKING OUT OF ANY LOAD-SUPPORTING STRUCTURAL MEMBER OF AFACILITY TOGETHER WITH ANY RELATED HANDLING OPERATIONS OR THE INTENTIONAL BURNING OF ANY FACILITY. RESPONDENT VIOLATED SECTION 112 OF THE CAA, BY FAILING TO PROVIDE WRITTEN NOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TOTHE INITIATION OF DEMOLITION ACTIVITIES.04-2010-1534 ARKEMA, INC. 08/02/2010 CAA 113D1 Action For Penalty8/2/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,500. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON JUNE 16, 2009, EPA ALLEGES THAT THE RESPONDENTVIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOTADEQUATELY IMPLEMENT A PROVISION OF 40 CFR PART 68 WHEN IT: FAILED TO IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a): (3)SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS;AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT ORAIRBORNE EXPOSURE OCCURS; FAILED TO ANNUALLY CERTIFY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE, TO ASSURE THAT THE PROCEDURES REFLECTCURRENT OPERATING PRACTICS AS REQUIRED BY 40 CFR SECTION 68.69(c); AND FAILED TO PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE INVOLVED INTHE OPERATING PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THEPROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b)INVOLVED IN OPERATING PROCESS. 04-2010-1750 CENTERS FOR DISEASE

CONTROL AND PREVENTION(FF)


1/21/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. BASED ON EXCESSIVE MONITORING DOWNTIME FOR INCINERATORS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITSCONTINUOUS MONITORING SYSTEM (CMS) IN A CONTINUOUS MANNER, AS REQUIRED BY CONDITION NO. 5.2.5 OF ITS TITLE V PERMIT ANDCONDITION NO. 5.2.8 OF ITS TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). BASED ON EXCESSIVE MONITORING DOWNTIME FOR BOILERS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITS PEMsIN A CONTINUOUS MANNER, AS REQUIRED BY ITS TITLE V PERMIT, AS SPECIFIED BY CONDITION NO. 5.2.2. EPA FINDS THAT CDC DID NOT PERFORM ITS ANNUAL PERFORMANCE TEST ON INC3 AT THE REQUIRED 12 MONTH INTERVAL, AS REQUIRED BYCONDITION NO. 4.2.9 OF THE TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). CDC DID NOT CONDUCT A RATA ON BOILERS BL04, BL07, AND BL10 FOR THE ENTIRE 2008 CALENDAR YEAR, AS REQUIRED BY GEORGIA RULE391-3-1-.02(6)(b)(1)(vi). VIOLATION OF GEORGIA RULE 391-3-1-.02(6)(b)(1)(vi) IS ALSO A VIOLATION OF THE EPA APPROVED GEORGIA SIP, WHICH REQUIRES NOx EMISSIONLIMITS AND CONTROLS TO PROVIDE RFP TOWARD ATTAINMENT FOR THE ATLANTA OZONE ATTAINMENT AREA. ORDER REQUIRES: CDC SHALL UPDATE AND SUBMIT ALL OF ITS CDC ENVIRONMENTAL PROCEDURES (CEPs) TO REFLECT PROVISIONS CONTAINED IN ITS CURRENTLYREVISED PART 70 OPERATING PERMIT NO. 9431-089-0005-V-01-0, EFFECTIVE FEB 11, 2009, WITHIN 30 DAYS. CDC SHALL SUBMIT ITS SOPs FOR THE OPERATION OF ITS BOILERS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER. CDC SHALL SUBMIT THE COMPLETE 2007 ENVIRONMENTAL AUDIT REPORT, INCLUDING ALL OF ITS FINDINGS, WITHIN 30 DAYS OF THE EFFECTIVEDATE OF THIS ORDER. CDC SHALL SUBMIT THE CURRENT ACTIVITY SCHEDULE FOR THE NEXT ENVIRONMENTAL COMPLIANCE AUDIT THAT IS SCHEDULED TO BECONDUCTED AT ITS MAIN CAMPUS. BASED ON INFO SUBMITTED BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO,CDC HAS REPORTED THAT THE NEXT AUDIT IS TO BE CONDUCTED AT THE MAIN CAMPUS IN 2010. THE CURRENT ACTIVITY SCHEDULE SHALL BESUBMITTED WITHIN 30 DAYS. ADDITIONALLY, THE RESULTS OF THE 2010 ENVIRONMENTAL COMPLIANCE AUDIT SHALL BE SUBMITTED TO EPA ANDEPD WITHIN 30 DAYS OF ITS COMPLETION. CDC SHALL SUBMIT AN UPDATED TIMELINE FOR THE INSTALLATION AND OPERATION OF THE NEW INTEGRATED MONITORING SYSTEM THAT HASBEEN DESCRIBED IN THE INFO SUBMIT BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO. THE TIMELINE WILLSPECIFY DATES FOR PROJECTED EQUIPMENT AND SOFTWARE DEVELOPMENT AND/OR PURCHASE, THE INSTALLATION AND DEBUGGING OF THEINTEGRATED MONITORING SYSTEM, THE TRAINING OF BOTH THE ENVIRONMENTAL STAFF AND THE FACILITY OPERATORS, AND THE ESTIMATEDSYSTEM START UP DATE. THE ORIGINAL START UP DATA PROJECTED IN THE RESPONSE TO THE INFORMATION REQUEST WAS APR 15, 2010. IF THISDATE WILL CHANGE, PLEASE SPECIFY THE DETAILED RESPONS FOR THE CHANGE AND THE NEW DATE FOR START UP. THIS INFO SHALL BESUBMITTED WITHIN 30 DAYS. FOR THE TIME PERIOD OF JAN 1, 2008, UNTIL THE PRESENT, SUBMIT DETAILED DOCUMENTATION OF THE NAMES OF ALL BOILER AND INCINERATOROPERATORS WHO WERE TRAINED AND POSSESSED THE ABILITY TO IMPLEMENT THE CEPs, THE TYPE OF UNITS THEY ARE TRAINED TO OPERATE,AND ALL RELEVANT TRAINING THAT EACH OF THE OPERATORS HAD TO QUALIFY AS AN OPERATOR. ADDITIONALLY, PROVIDE ANY RELEVANTUPDATED TRAINING IN RESPONSE TO CHANGES IN ANY OF THE PROCEDURES THAT HAVE OCCURRED SINCE JAN 1, 2009. THIS INFO SHALL BESUBMITTED WITHIN 45 DAYS.





Summary1/21/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. BASED ON EXCESSIVE MONITORING DOWNTIME FOR INCINERATORS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITSCONTINUOUS MONITORING SYSTEM (CMS) IN A CONTINUOUS MANNER, AS REQUIRED BY CONDITION NO. 5.2.5 OF ITS TITLE V PERMIT ANDCONDITION NO. 5.2.8 OF ITS TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). BASED ON EXCESSIVE MONITORING DOWNTIME FOR BOILERS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITS PEMsIN A CONTINUOUS MANNER, AS REQUIRED BY ITS TITLE V PERMIT, AS SPECIFIED BY CONDITION NO. 5.2.2. EPA FINDS THAT CDC DID NOT PERFORM ITS ANNUAL PERFORMANCE TEST ON INC3 AT THE REQUIRED 12 MONTH INTERVAL, AS REQUIRED BYCONDITION NO. 4.2.9 OF THE TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). CDC DID NOT CONDUCT A RATA ON BOILERS BL04, BL07, AND BL10 FOR THE ENTIRE 2008 CALENDAR YEAR, AS REQUIRED BY GEORGIA RULE391-3-1-.02(6)(b)(1)(vi). VIOLATION OF GEORGIA RULE 391-3-1-.02(6)(b)(1)(vi) IS ALSO A VIOLATION OF THE EPA APPROVED GEORGIA SIP, WHICH REQUIRES NOx EMISSIONLIMITS AND CONTROLS TO PROVIDE RFP TOWARD ATTAINMENT FOR THE ATLANTA OZONE ATTAINMENT AREA. ORDER REQUIRES: CDC SHALL UPDATE AND SUBMIT ALL OF ITS CDC ENVIRONMENTAL PROCEDURES (CEPs) TO REFLECT PROVISIONS CONTAINED IN ITS CURRENTLYREVISED PART 70 OPERATING PERMIT NO. 9431-089-0005-V-01-0, EFFECTIVE FEB 11, 2009, WITHIN 30 DAYS. CDC SHALL SUBMIT ITS SOPs FOR THE OPERATION OF ITS BOILERS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER. CDC SHALL SUBMIT THE COMPLETE 2007 ENVIRONMENTAL AUDIT REPORT, INCLUDING ALL OF ITS FINDINGS, WITHIN 30 DAYS OF THE EFFECTIVEDATE OF THIS ORDER. CDC SHALL SUBMIT THE CURRENT ACTIVITY SCHEDULE FOR THE NEXT ENVIRONMENTAL COMPLIANCE AUDIT THAT IS SCHEDULED TO BECONDUCTED AT ITS MAIN CAMPUS. BASED ON INFO SUBMITTED BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO,CDC HAS REPORTED THAT THE NEXT AUDIT IS TO BE CONDUCTED AT THE MAIN CAMPUS IN 2010. THE CURRENT ACTIVITY SCHEDULE SHALL BESUBMITTED WITHIN 30 DAYS. ADDITIONALLY, THE RESULTS OF THE 2010 ENVIRONMENTAL COMPLIANCE AUDIT SHALL BE SUBMITTED TO EPA ANDEPD WITHIN 30 DAYS OF ITS COMPLETION. CDC SHALL SUBMIT AN UPDATED TIMELINE FOR THE INSTALLATION AND OPERATION OF THE NEW INTEGRATED MONITORING SYSTEM THAT HASBEEN DESCRIBED IN THE INFO SUBMIT BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO. THE TIMELINE WILLSPECIFY DATES FOR PROJECTED EQUIPMENT AND SOFTWARE DEVELOPMENT AND/OR PURCHASE, THE INSTALLATION AND DEBUGGING OF THEINTEGRATED MONITORING SYSTEM, THE TRAINING OF BOTH THE ENVIRONMENTAL STAFF AND THE FACILITY OPERATORS, AND THE ESTIMATEDSYSTEM START UP DATE. THE ORIGINAL START UP DATA PROJECTED IN THE RESPONSE TO THE INFORMATION REQUEST WAS APR 15, 2010. IF THISDATE WILL CHANGE, PLEASE SPECIFY THE DETAILED RESPONS FOR THE CHANGE AND THE NEW DATE FOR START UP. THIS INFO SHALL BESUBMITTED WITHIN 30 DAYS. FOR THE TIME PERIOD OF JAN 1, 2008, UNTIL THE PRESENT, SUBMIT DETAILED DOCUMENTATION OF THE NAMES OF ALL BOILER AND INCINERATOROPERATORS WHO WERE TRAINED AND POSSESSED THE ABILITY TO IMPLEMENT THE CEPs, THE TYPE OF UNITS THEY ARE TRAINED TO OPERATE,AND ALL RELEVANT TRAINING THAT EACH OF THE OPERATORS HAD TO QUALIFY AS AN OPERATOR. ADDITIONALLY, PROVIDE ANY RELEVANTUPDATED TRAINING IN RESPONSE TO CHANGES IN ANY OF THE PROCEDURES THAT HAVE OCCURRED SINCE JAN 1, 2009. THIS INFO SHALL BESUBMITTED WITHIN 45 DAYS.





Summary

1/21/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. BASED ON EXCESSIVE MONITORING DOWNTIME FOR INCINERATORS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITSCONTINUOUS MONITORING SYSTEM (CMS) IN A CONTINUOUS MANNER, AS REQUIRED BY CONDITION NO. 5.2.5 OF ITS TITLE V PERMIT ANDCONDITION NO. 5.2.8 OF ITS TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). BASED ON EXCESSIVE MONITORING DOWNTIME FOR BOILERS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITS PEMsIN A CONTINUOUS MANNER, AS REQUIRED BY ITS TITLE V PERMIT, AS SPECIFIED BY CONDITION NO. 5.2.2. EPA FINDS THAT CDC DID NOT PERFORM ITS ANNUAL PERFORMANCE TEST ON INC3 AT THE REQUIRED 12 MONTH INTERVAL, AS REQUIRED BYCONDITION NO. 4.2.9 OF THE TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). CDC DID NOT CONDUCT A RATA ON BOILERS BL04, BL07, AND BL10 FOR THE ENTIRE 2008 CALENDAR YEAR, AS REQUIRED BY GEORGIA RULE391-3-1-.02(6)(b)(1)(vi). VIOLATION OF GEORGIA RULE 391-3-1-.02(6)(b)(1)(vi) IS ALSO A VIOLATION OF THE EPA APPROVED GEORGIA SIP, WHICH REQUIRES NOx EMISSIONLIMITS AND CONTROLS TO PROVIDE RFP TOWARD ATTAINMENT FOR THE ATLANTA OZONE ATTAINMENT AREA. ORDER REQUIRES: CDC SHALL UPDATE AND SUBMIT ALL OF ITS CDC ENVIRONMENTAL PROCEDURES (CEPs) TO REFLECT PROVISIONS CONTAINED IN ITS CURRENTLYREVISED PART 70 OPERATING PERMIT NO. 9431-089-0005-V-01-0, EFFECTIVE FEB 11, 2009, WITHIN 30 DAYS. CDC SHALL SUBMIT ITS SOPs FOR THE OPERATION OF ITS BOILERS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER. CDC SHALL SUBMIT THE COMPLETE 2007 ENVIRONMENTAL AUDIT REPORT, INCLUDING ALL OF ITS FINDINGS, WITHIN 30 DAYS OF THE EFFECTIVEDATE OF THIS ORDER. CDC SHALL SUBMIT THE CURRENT ACTIVITY SCHEDULE FOR THE NEXT ENVIRONMENTAL COMPLIANCE AUDIT THAT IS SCHEDULED TO BECONDUCTED AT ITS MAIN CAMPUS. BASED ON INFO SUBMITTED BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO,CDC HAS REPORTED THAT THE NEXT AUDIT IS TO BE CONDUCTED AT THE MAIN CAMPUS IN 2010. THE CURRENT ACTIVITY SCHEDULE SHALL BESUBMITTED WITHIN 30 DAYS. ADDITIONALLY, THE RESULTS OF THE 2010 ENVIRONMENTAL COMPLIANCE AUDIT SHALL BE SUBMITTED TO EPA ANDEPD WITHIN 30 DAYS OF ITS COMPLETION. CDC SHALL SUBMIT AN UPDATED TIMELINE FOR THE INSTALLATION AND OPERATION OF THE NEW INTEGRATED MONITORING SYSTEM THAT HASBEEN DESCRIBED IN THE INFO SUBMIT BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO. THE TIMELINE WILLSPECIFY DATES FOR PROJECTED EQUIPMENT AND SOFTWARE DEVELOPMENT AND/OR PURCHASE, THE INSTALLATION AND DEBUGGING OF THEINTEGRATED MONITORING SYSTEM, THE TRAINING OF BOTH THE ENVIRONMENTAL STAFF AND THE FACILITY OPERATORS, AND THE ESTIMATEDSYSTEM START UP DATE. THE ORIGINAL START UP DATA PROJECTED IN THE RESPONSE TO THE INFORMATION REQUEST WAS APR 15, 2010. IF THISDATE WILL CHANGE, PLEASE SPECIFY THE DETAILED RESPONS FOR THE CHANGE AND THE NEW DATE FOR START UP. THIS INFO SHALL BESUBMITTED WITHIN 30 DAYS. FOR THE TIME PERIOD OF JAN 1, 2008, UNTIL THE PRESENT, SUBMIT DETAILED DOCUMENTATION OF THE NAMES OF ALL BOILER AND INCINERATOROPERATORS WHO WERE TRAINED AND POSSESSED THE ABILITY TO IMPLEMENT THE CEPs, THE TYPE OF UNITS THEY ARE TRAINED TO OPERATE,AND ALL RELEVANT TRAINING THAT EACH OF THE OPERATORS HAD TO QUALIFY AS AN OPERATOR. ADDITIONALLY, PROVIDE ANY RELEVANTUPDATED TRAINING IN RESPONSE TO CHANGES IN ANY OF THE PROCEDURES THAT HAVE OCCURRED SINCE JAN 1, 2009. THIS INFO SHALL BESUBMITTED WITHIN 45 DAYS.04-2010-1751 WYNNE, BRADLEY KEITH

(LEON'S BARBEQUE)03/25/2010 CAA 113A Admin Compliance Order (Non-Penalty)

3/25/10 - CONSENT AGMT ISSUED. FINDINGS OF FACT AND DETERMINATIONS: ON OR AROUND SEPT 22, 2005, RESPONDENT AND/OR A CONTRACTOR FOR RESPONDENT DEMOLISHED THE FACILITY. RESPONDENT WAS ANOWNER AND/OR OPERATOR OF THE DEMOLITION ACTIVITIES THAT OCCURRED WITH THE FACILITY WAS DEMOLISHED ON OR AROUND SEPT 22,2005. THEREFORE, RESPONDENT WAS SUBJECT TO THE REQUIREMENTS OF THE ASBESTOS NESHAP. RESPONDENT FAILED TO PROVIDE NOTICE OF A DEMOLITION PROJECT AT LEAST 10 DAYS PRIOR TO BEGINNING DEMOLITION ACTIVITY ASREQUIRED BY 40 CFR 61.145(b). THEREFOR, RESPONDENT HAS VIOLATED THE ASBESTOS NESHAP AND SECTION 112 OF THE CAA. RESPONDENT HAS AGREED THAT HE WILL TAKE ALL NECESSARY STEPS TO ENSURE THAT ANY FUTURE RENOVATION AND/OR DEMOLITION WORKPERFORMED AT ANY FACILITIES WHICH HE OWNS OR OPERATES WILL BE CONDUCTED IN FULL COMPLIANCE WITH THE ASBESTOS NESHAPREQUIREMENTS. 04-2010-1752 PECHINEY PLASTIC

PACKAGING, INC.04/13/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary4/13/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 503(b)(2) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TO PERIODICALLY (BUT NO LESSFREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANT OT 40 CFR 70.6(c)(5) AND 401 WNCRAQA CODE 17.0508(n)(4), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONSTO THE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO CONDITION Q OF SECTION 3, GENERAL CONDITIONS, OF THE TITLE V OPERATING PERMIT ISSUED TO RESPONDENT, "THE PERMITTEESHALL SUBMIT TO THE WNCRAQA AND THE EPA POSTMARKED ON OR BEFORE JANUARY 30 A COMPLIANCE CERTIFICATION ... POSTMARKED ON ORBEFORE JAN 30 A COMPLIANCE CERTIFICATION ... BY A RESPONSIBLE OFFICIAL WITH ALL FEDERALLY-ENFORCEABLE TERMS AND CONDITIONS,INCLUDING EMISSIONS LIMITATIONS, STANDARDS, OR WORK PRACTICES." ACCORDING TO THE INFO PROVIDED BY THE WNCRAQA, THE ANNUAL COMPLIANCE CERTIFICATION WAS DUE TO THE ADMINISTRATOR OF EPAREGION 4 BY JAN 30, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF APR 6, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4 A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONSIN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE CALENDAR YEAR 2009WITHIN 14 CALENDAR DAYS.04-2010-1753 TIFFIN MOTORHOMES, INC. 02/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED OTRESPONDENT, "EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONALADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS,STANDARDS OR WORK PRACTICES, BY JANUARY 31, FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'SPERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOROF EPA, REGION 4 BY JANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH SECTION114(a)(3) OF THE CAA, WITHIN 14 CALENDAR DAYS.04-2010-1754 CHAPEL HILL PORT BIENVILLE


2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED OTRESPONDENT, "EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONALADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS,STANDARDS OR WORK PRACTICES, BY JANUARY 31, FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'SPERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOROF EPA, REGION 4 BY JANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH SECTION114(a)(3) OF THE CAA, WITHIN 14 CALENDAR DAYS.04-2010-1755 RUSSELL CORPORATION 06/18/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary6/18/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING JANUARY 10, 2009, THROUGH JANUARY 9, 2010,TO THE REGIONAL ADMINISTRATOR OF EPA REGION BY MARCH 10, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JUNE 10, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1756 DELTA OIL 02/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED OTRESPONDENT, "EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONALADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS,STANDARDS OR WORK PRACTICES, BY JANUARY 31, FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'SPERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOROF EPA, REGION 4 BY JANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH SECTION114(a)(3) OF THE CAA, WITHIN 14 CALENDAR DAYS.04-2010-1757 DELTA OIL 02/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT 40 CAA SECTION 502(a) AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TOPERIODICALLY (BUT NOT FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OFTHE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THE ADMINISTRATORAS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED TO RESPONDENT, "EXCEPTAS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONAL ADMINISTRATOR OF EPA,REGION 4 A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORKPRACTICES, BY JANUARY 31 FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'S PERMIT, RESPONDENT WASREQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OF 3PA, REGION 4 BYJANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THE REGIONALADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH CAASECTION 114(a)(3) AND 40 CFR 70.6(c)(5), WITHIN 14 CALENDAR DAYS.04-2010-1758 LOUISVILLE BRICK COMPANY 02/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED OTRESPONDENT, "EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONALADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS,STANDARDS OR WORK PRACTICES, BY JANUARY 31, FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'SPERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOROF EPA, REGION 4 BY JANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH SECTION114(a)(3) OF THE CAA, WITHIN 14 CALENDAR DAYS.04-2010-1759 LUVATA GRENADA, LLC 02/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT 40 CAA SECTION 502(a) AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TOPERIODICALLY (BUT NOT FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OFTHE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THE ADMINISTRATORAS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED TO RESPONDENT, "EXCEPTAS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONAL ADMINISTRATOR OF EPA,REGION 4 A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORKPRACTICES, BY JANUARY 31 FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'S PERMIT, RESPONDENT WASREQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OF 3PA, REGION 4 BYJANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THE REGIONALADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH CAASECTION 114(a)(3) AND 40 CFR 70.6(c)(5), WITHIN 14 CALENDAR DAYS.04-2010-1761 PRECOAT METALS 02/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED OTRESPONDENT, "EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONALADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS,STANDARDS OR WORK PRACTICES, BY JANUARY 31, FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'SPERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOROF EPA, REGION 4 BY JANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH SECTION114(a)(3) OF THE CAA, WITHIN 14 CALENDAR DAYS.04-2010-1763 THREE RIVERS REGIONAL

LANDFILL02/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary2/26/2010 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 4.2 OF THE TITLE V OPERATING PERMIT ISSUED OTRESPONDENT, "EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE PERMITTEE SHALL SUBMIT TO THE PERMIT BOARD AND TO THE REGIONALADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS,STANDARDS OR WORK PRACTICES, BY JANUARY 31, FOR THE PRECEDING CALENDAR YEAR." PURSUANT TO SECTION 4.2 OF RESPONDENT'SPERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOROF EPA, REGION 4 BY JANUARY 31, 2010. AS OF FEBRUARY 24, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, IN ACCORDANCE WITH SECTION114(a)(3) OF THE CAA, WITHIN 14 CALENDAR DAYS.04-2010-1764 RARE BREED DISTILLING LLC -

WILD TURKEY DISTILLERY03/01/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary3/1/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO CAA SECTION 503(b)(2) AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TO PERIODICALLY (BUT NO LESSFREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANTTO 40 CR 70.6(c)(5) AND 401 KAR 50.035 SECTION 7(2)(b), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THEADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO TITLE V PERMIT SECTION F, MONITORING RECORDKEEPING ANDREPORTING REQUIREMENTS, PARAGRAPH 9, COMPLIANCE CERTIFICATION REQUIREMENTS, THE PERMITTEE SHALL CERTIFY COMPLIANCE WITHTHE TERMS AND CONDITIONS CONTAINED IN THIS PERMIT, ANNUALLY BY COMPLETING AND RETURNING A COMPLIANCE CERTIFICATION FORM (DEP7007CC) OR AN APPROVED ALTERNATIVE TO THE DIVISION FOR AIR QUALITY'S FRANKFORT REGIONAL OFFICE AND THE U.S. EPA. ACCORDING TOTHE INFORMATION PROVIDE BY THE KY DIV FOR AIR QUALITY, THE ANNUAL COMPLIANCE CERTIFICATION WAS TO BE POSTMARKED BY JAN 30, 2010.ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF FEB 26, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONSIN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE CALENDAR YEAR 2009WITHIN 14 CALENDAR DAYS. 04-2010-1765 INDUSTRIAL CONTAINER

SERVICES06/04/2010 CAA 113A Admin Compliance Order (Non-Penalty)

6/4/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 503(b)(2) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TO PERIODICALLY (BUT NO LESSFREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANTTO 40 CFR 70.6(c)(5) AND SECTION 1.5508(n)(4) OF THE MCAPCO, THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTEE AUTHORITY. PURSUANT TO CONDITION S-12(3) OF REPORTING AND RECORDKEEPINGSECTION OF THE TITLE V OPERATING PERMIT ISSUED TO RESPONDENT, THE PERMITTEE IS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATIONTO THE MCLUESA AND THE EPA, POSTMARKED ON OR BEFORE APRIL 30, FOR EACH CALENDAR YEAR IDENTIFYING THE COMPLIANCE STATUS OFEACH PERMIT CONDITION AND CERTIFIED BY A RESPONSIBLE OFFICIAL. ACCORDING TO THE INFO PROVIDED BY THE MCLUESA, THE ANNUALCOMPLIANCE CERTIFICATION FOR 2009 WAS DUE TO THE ADMINISTRATOR OF EPA REGION 4 BY APRIL 30, 2010. ACCORDING TO EPA RECORDS FORCOMPLIANCE CERTIFICATIONS, AS OF MAY 28, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONALADMINISTRATOR OF EPA, REGION 4.04-2010-1766 CERTAIN TEED GYPSUM AND

CEILING07/14/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary7/14/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: ACCORDING TO THE INFORMATION PROVIDED BY THE KENTUCKY DIVISION AIR QUALITY, THE ANNUAL COMPLIANCE CERTIFICATION WAS DUE TOTHE ADMINISTRATOR OF EPA REGION 4 BY JANUARY 30, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 9, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIIONAL OF EPA REGION 4.04-2010-1767 CAROLINA SOYA, LLC 03/09/2010 CAA 113A Admin Compliance Order (Non-Penalty)3/9/10 - COMPLIANCE ORDER ISSUED. ACCORDING TO THE INFORMATION PROVIDED BY THE SC DEPARTMENT OF HEALTH AND ENVIRONMENTALCONTROL, THE ANNUAL COMPLANCE CERTIFICATION WAS DUE TO THE ADMINISTRATOR OF EPA REGION 4 BY NOV 14, 2009. ACCORDING TO EPARECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF MARCH 5, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONSIN ACCORDANCE WITH 40 CFR 70.6(c)(5) INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009 WITHIN14 CALENDAR DAYS. 04-2010-1769 CHAMPION LABORATORIES,

INC.03/19/2010 CAA 113A Admin Compliance Order (Non-Penalty)

3/9/10 - COMPLIANCE ORDER ISSUED. ACCORDING TO THE INFORMATION PROVIDED BY THE SC DEPARTMENT OF HEALTH AND ENVIRONMENTALCONTROL, THE ANNUAL COMPLANCE CERTIFICATION WAS DUE TO THE ADMINISTRATOR OF EPA REGION 4 BY NOV 14, 2009. ACCORDING TO EPARECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF MARCH 5, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THEREGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONSIN ACCORDANCE WITH 40 CFR 70.6(c)(5) INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009 WITHIN14 CALENDAR DAYS. 04-2010-1770 CROWN COLUMN &

MILLWORK, LLC06/18/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary6/18/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING APRIL 12, 2009, THROUGH APRIL 11, 2010, TOTHE REGIONAL ADMINISTRATOR OF EPA REGION BY JUNE 11, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JUNE 17, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1771 HB&G BUILDING PRODUCTS,


6/18/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING AUGUST 9, 2008, THROUGH AUGUST 3, 2009, TOTHE REGIONAL ADMINISTRATOR OF EPA REGION BY OCTOBER 9, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JUNE 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1772 KIMBERLY-CLARK


5/27/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING JANUARY 1, 2009, THROUGH DECEMBER 31,2010, TO THE REGIONAL ADMINISTRATOR OF EPA REGION BY MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF MAY 12, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1773 COBRA OIL & GAS






Summary6/18/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING JANUARY 4, 2009, THROUGH JANUARY 3, 2010,TO THE REGIONAL ADMINISTRATOR OF EPA REGION BY MARCH 4, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JUNE 10, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1774 BLACK WARRIOR SOLID

WASTE DISPOSAL AUTHORITY06/18/2010 CAA 113A Admin Compliance Order (Non-Penalty)

6/18/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING JANUARY 30, 2009, THROUGH JANUARY 29, 2010,TO THE REGIONAL ADMINISTRATOR OF EPA REGION BY MARCH 10, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JUNE 10, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1775 U.S. GYPSUM 05/27/2010 CAA 113A Admin Compliance Order (Non-Penalty)5/27/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA, AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NO LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM 12, COMPLIANCECERTIFICATIONS, OF THE RESPONDENT'S PERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEARSTARTING JAN 6, 2009 THRU JAN 5, 2010 TO THE REGIONAL ADMINISTRATOR OF EPA REGION 4 BY MARCH 6, 2010. ACCORDING TO EPA RECORDSFOR COMPLIANCE CERTIFICATIONS, AS OF MAY 17, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONALADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONSIN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE YEAR STARTING JAN 6,2009 AND ENDING JAN 5, 2010 WITHIN 14 CALENDAR DAYS.





Summary04-2010-1776 VARCO PRUDEN BUILDINGS,


5/27/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TO PERIODICALLY (BUT NO LESSFREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANTTO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THE ADMINISTRATOR AS WELL AS TO THEPERMITTING AUTHORITY. PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM 12, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'SPERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING FEB 10, 2009, THRU FEB 9, 2009, TO THEREGIONAL ADMINISTRATOR OF EPA REGION 4 BY APRIL 10, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF MAY 17,2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONSIN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE YEAR STARTING FEB 10,2009 AND ENDING FEB 9, 2010 WITHIN 14 CALENDAR DAYS.04-2010-1777 KITCHEN AND BATH CENTER 06/18/2010 CAA 113A Admin Compliance Order (Non-Penalty)6/18/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING JANUARY 14, 2009, THROUGH DECEMBER 13,2010, TO THE REGIONAL ADMINISTRATOR OF EPA REGION BY MARCH 14, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JUNE 10, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1778 HAWLEY PRODUCTS, INC. 03/23/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary3/23/10 - COMPLIANCE ORDER ISSUED. ACCORDING TO THE INFORMATION PROVIDED BY THE KY DIVISION OF AIR QUALITY, THE ANNUALCOMPLIANCE CERTIFICATION WSA TO BE POSTMARKED BY JAN 30, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OFMARCH 19, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONSIN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE CALENDAR YEAR 2009WITHIN 14 CALENDAR DAYS. 04-2010-1779 ARROWHEAD FIBERGLASS

INDUSTRIES06/09/2010 CAA 113A Admin Compliance Order (Non-Penalty)

6/9/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA, AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIREDTO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 8.14.1 OF THE TITLE V OPERATING PERMIT ISSUED TORESPONDENT, "THE PERMITTEE SHALL PROVIDE WRITTEN CERTIFICATION TO THE DIVISION AND TO THE EPA, AS LEAST ANNUALLY, OFCOMPLIANCE WITH THE CONDITIONS OF THIS PERMIT. THE ANNUAL WRITTEN CERTIFICATION SHALL BE POSTMARKED NO LATER THAN JANUARY 30OF EACH YEAR AND SHALL BE SUBMITTED TO THE DIVISION AND TO THE EPA." PURSUANT TO SECTIN 8.14.1 OF RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OF EPA,REGION 4, BY JAN 31, 2010. AS OF JUNE 1, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THE REGIONALADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITHPERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, INACCORDANCE WITH SECTION 114(a) OF THE CAA AND 40 CFR 70.6(c)(5) WITHIN 14 CALENDAR DAYS. 04-2010-1780 CARAVELLE POWERBOATS,






Summary6/9/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA, AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIREDTO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 8.14.1 OF THE TITLE V OPERATING PERMIT ISSUED TORESPONDENT, "THE PERMITTEE SHALL PROVIDE WRITTEN CERTIFICATION TO THE DIVISION AND TO THE EPA, AS LEAST ANNUALLY, OFCOMPLIANCE WITH THE CONDITIONS OF THIS PERMIT. THE ANNUAL WRITTEN CERTIFICATION SHALL BE POSTMARKED NO LATER THAN JANUARY 30OF EACH YEAR AND SHALL BE SUBMITTED TO THE DIVISION AND TO THE EPA." PURSUANT TO SECTIN 8.14.1 OF RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OF EPA,REGION 4, BY JAN 31, 2010. AS OF JUNE 1, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THE REGIONALADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITHPERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, INACCORDANCE WITH SECTION 114(a) OF THE CAA AND 40 CFR 70.6(c)(5) WITHIN 14 CALENDAR DAYS. 04-2010-1781 WINDER RENEWABLE

METHANE, LLC06/09/2010 CAA 113A Admin Compliance Order (Non-Penalty)

6/9/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA, AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIREDTO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 8.14.1 OF THE TITLE V OPERATING PERMIT ISSUED TORESPONDENT, "THE PERMITTEE SHALL PROVIDE WRITTEN CERTIFICATION TO THE DIVISION AND TO THE EPA, AS LEAST ANNUALLY, OFCOMPLIANCE WITH THE CONDITIONS OF THIS PERMIT. THE ANNUAL WRITTEN CERTIFICATION SHALL BE POSTMARKED NO LATER THAN JANUARY 30OF EACH YEAR AND SHALL BE SUBMITTED TO THE DIVISION AND TO THE EPA." PURSUANT TO SECTIN 8.14.1 OF RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OF EPA,REGION 4, BY JAN 31, 2010. AS OF JUNE 1, 2010, RESPONDENT HAS NOT SUBMITTED THE COMPLIANCE CERTIFICATION TO THE REGIONALADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITHPERMIT TERMS AND CONDITIONS, INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR CALENDAR YEAR 2009, INACCORDANCE WITH SECTION 114(a) OF THE CAA AND 40 CFR 70.6(c)(5) WITHIN 14 CALENDAR DAYS. 04-2010-1782 CTC CONSTRUCTION, LLC 06/29/2010 CAA 113D1 Action For Penalty





Summary6/29/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,748.00. RESPONDENT SHALL MAKE FOUR INSTALLMENTPAYMENTS. THE FIRST PAYMENT OF $3,206.94 IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT OF $3,198.95 IS DUE WITHIN 300 DAYS. ORDER ALLEGES: IN MARCH 2010, RESPONDENT DEMOLISHED A FACILITY LOCATED AT 2504 MELLVILLE AVENUE, DECATUR, GEORGIA. THE FACILITY HAD FIVEBUILDINGS ON SITE AND WAS BEING USED AS SMALL BUSINESSES. RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C SECTION 7412, AND 40 CFR SECTION 6.145(a)BY FAILING TO INSPECT THE FACILITY FORTHE PRESENCE OF ASBESTOS PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES. RESPONDENT VIOLATED SECTION 112 OF THE CAA, 42 U.S.C SECTION 7412, AND 40 C.F.R. SECTION 61.145(b) BY FAILING TO PROVIDE WRITTENNOTICE OF INTENTION TO DEMOLISH THE FACILITY PRIOR TO THE INITIATION OF DEMOLITION ACTIVITIES.04-2010-1783 CDR SYSTEMS CORPORATION

- JACKSONVILLE07/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)

7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO RULE 62-213.440(3)(a), F.A.C., THE COMPLIANCE CERTIFICATION IS DUE 60 DAYS AFTER THE END OF THE CALENDAR YEAR TO THEEPA. RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OFEPA REGION 4, MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1784 CENTRAL FLORIDA PIPELINE ,

TAMPA TERMINAL07/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)

7/16/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4. 04-2010-1787 SCA TISSUE NORTH AMERICA,






Summary6/18/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT,RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING JULY 1, 2008, THROUGH JUNE 30, 2009, TO THEREGIONAL ADMINISTRATOR OF EPA REGION BY AUGUST 30, 2009. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JUNE 10, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTITICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1788 NORTH FLORIDA/ SOUTH

GEORGIA VETERANS HEALTHSYSTEM


7/26/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1789 CENTRAL FLORIDA PIPELINE 07/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. 7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO RULE 62-213.440(3)(a), F.A.C., THE COMPLIANCE CERTIFICATION IS DUE 60 DAYS AFTER THE END OF THE CALENDAR YEAR TO THEEPA. RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OFEPA REGION 4, MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1791 STONEHOUSE BUILDING

PRODUCTS, LLC07/14/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary7/14/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: ACCORDING TO THE INFORMATION PROVIDED BY THE KENTUCKY DIVISION AIR QUALITY, THE ANNUAL COMPLIANCE CERTIFICATION WAS DUE TOTHE ADMINISTRATOR OF EPA REGION 4 BY JANUARY 30, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 9, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIIONAL OF EPA REGION 4.04-2010-1793 MONCURE PLYWOOD, LLC 07/14/2010 CAA 113A Admin Compliance Order (Non-Penalty)7/14/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: ACCORDING TO EPA RECORDS, AS OF JULY 12, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCE CERTIFICATION CONTAINING THESIGNATURE OF A RESPONSIBLE OFFICIAL ATTESTING THE TRUTH, ACCURACY AND COMPLETENESS OF THE CERTIFICATION.04-2010-1795 MCKECHNIE VEHICLE

COMPONENTS07/14/2010 CAA 113A Admin Compliance Order (Non-Penalty)

7/14/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: ACCORDING TO THE INFORMATION PROVIDED BY THE KENTUCKY DIVISION AIR QUALITY, THE ANNUAL COMPLIANCE CERTIFICATION WAS DUE TOTHE ADMINISTRATOR OF EPA REGION 4 BY JANUARY 30, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 9, 2010, RESPONDENT HAS NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIIONAL OF EPA REGION 4.04-2010-1796 CDR SYSTEMS CORPORATION

- PALATKA07/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO RULE 62-213.440(3)(a), F.A.C., THE COMPLIANCE CERTIFICATION IS DUE 60 DAYS AFTER THE END OF THE CALENDAR YEAR TO THEEPA. RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OFEPA REGION 4, MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1797 VENTURE MARINE, INC. 07/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO RULE 62-213.440(3)(a), F.A.C., THE COMPLIANCE CERTIFICATION IS DUE 60 DAYS AFTER THE END OF THE CALENDAR YEAR TO THEEPA. RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OFEPA REGION 4, MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1798 CITY OF LARGO WWTP 07/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO RULE 62-213.440(3)(a), F.A.C., THE COMPLIANCE CERTIFICATION IS DUE 60 DAYS AFTER THE END OF THE CALENDAR YEAR TO THEEPA. RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OFEPA REGION 4, MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1799 ATLANTIC HOLDINGS, LLC 07/16/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER STATES: PURSUANT TO RULE 62-213.440(3)(a), F.A.C., THE COMPLIANCE CERTIFICATION IS DUE 60 DAYS AFTER THE END OF THE CALENDAR YEAR TO THEEPA. RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OFEPA REGION 4, MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-1804 HOLY CROSS HOSPITAL 07/26/2010 CAA 113A Admin Compliance Order (Non-Penalty)7/26/2010 - COMPLIANCE ORDER ISSUED. ORDER STATES: ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF JULY 15, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCECERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4.04-2010-2000 CYTEC INDUSTRIES, INC. 11/06/2009 CERCLA 109 Action For Penalty11/6/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $3,048. RESPONDENT ALSO AGREES TO COMPLETE A SEP.ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OFBENZENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.04-2010-2001 SOWAGA CHLORINATOR

COMPANY, INC.11/19/2009 EPCRA 325 Action For Penalty

11/19/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,250, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR CHLORINE TO THE SERC, THELEPC, THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THE FOLLOWINGYEARS. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA AT ITS FACILITY FOR CALENDAR YEARS 2008, 2007,AND 2006. 04-2010-2002 NIAGARA NATIONAL, LLC 01/26/2010 EPCRA 325 Action For Penalty





Summary1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $46,283.84. PAYMENT SHALL BE PAID IN 8 QUARTERLYINSTALLMENTS AT THE FOLLOWING SCHEDULE: MARCH 1, 2010 - $5,785.48; JUNE 1, 2010 - $5,785.48; SEPT 2, 2010 - $5,785.48; DEC 1, 2010 - $5,785.48; MARCH 1, 2011 - $5,785.48; JUNE 1, 2011 - $5,785.48; SEPT 1, 2011 - $5,785.48; DEC 1, 2011 - $5,785.48; RESPONDENT FAILED TO SUBMIT A FORM R FOR FORM A FOR HYDROGEN FLUORIDE, SULFURIC ACID, METHANOL, AND DICHLOROMETHANE TO THEADMINISTRATOR OF EPA AND TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE STATE OF GA BY JULY 1 OF THE REQUIRED REPORTINGYEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF EPCRA SEC 313 AT ITS FACILITY FOR CALENDAR YEARS 2007 AND 2006. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR HYDROFLUORIC ACID TO THESERC, THE LEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YR 2008, AND TO THE LEPC AND FIRE DEPT FORCALENDAR YRS 2007 AND 2006 BY MARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEARS FOR WHICH THE REPORT WAS REQUIRED.RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF EPCRA SEC 312 AT HIS FACILITY FOR CALENDAR YRS 2008, 2007, AND 2006.04-2010-2003 GOLDEN PEANUT COMPANY,

LLC12/24/2009 CERCLA 109 Action For Penalty

12/24/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,755. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THERELEASE OF SODIUM HYDROXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. 04-2010-2004 3M COMPANY 12/24/2009 CERCLA 109 Action For Penalty12/24/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,310. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF F003/F005 IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.04-2010-2005 MISSISSIPPI PHOSPHATE

CORPORATION11/17/2009 CERCLA 109 Action For Penalty





Summary11/17/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $42,250 (EPCRA VIOLATION - $21,125 AND CERCLAVIOLATION $21,125). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFYTHE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THANITS RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF CERCLA SECTION 103(a). RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE SERC AND LEPCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ ATRESPONDENT'S FACILITY. IN VIOLATION OF EPCRA SECTION 304(a).04-2010-2005 MISSISSIPPI PHOSPHATE


11/17/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $42,250 (EPCRA VIOLATION - $21,125 AND CERCLAVIOLATION $21,125). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFYTHE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THANITS RQ AT RESPONDENT'S FACILITY. IN VIOLATION OF CERCLA SECTION 103(a). RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE SERC AND LEPCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ ATRESPONDENT'S FACILITY. IN VIOLATION OF EPCRA SECTION 304(a).04-2010-2006 ARCLIN USA, INCORPORATED 10/27/2009 CERCLA 109 Action For Penalty10/27/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $5,754. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASEOF FORMALDEHYDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.04-2010-2007 UNITED PARCEL SERVICE

COMPANY11/04/2009 CERCLA 109 Action For Penalty

11/4/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,239. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THERELEASE OF CHLOROFORM IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.04-2010-2008 MARTEK BIOSCIENCES

KINGSTREE CORPORATION07/02/2010 CERCLA 109 Action For Penalty





Summary7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,094 FOR THE CERCLA VIOLATION AND A PENALTY OF $9,844 FORTHE EPCRA VIOLATIONS. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGATIONS: ON FEB 7, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERCAND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ ATRESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UPEMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNTEQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. 04-2010-2008 MARTEK BIOSCIENCES

KINGSTREE CORPORATION07/02/2010 EPCRA 325 Action For Penalty

7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,094 FOR THE CERCLA VIOLATION AND A PENALTY OF $9,844 FORTHE EPCRA VIOLATIONS. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGATIONS: ON FEB 7, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERCAND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ ATRESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UPEMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNTEQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. 04-2010-2009 BAILEY STREET BAKERY, LLC 12/15/2009 EPCRA 325 Action For Penalty





Summary12/15/09 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,458, DUE WITHIN 30 DAYS. RESPONDENT FAILED TOSUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR PROPANE TO THE SERC, THE LEPC, AND THE FIRE DEPTWITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2006, 2007, AND 2008 BY MARCH 1 OF THE FOLLOWING YEAR. RESPONDENTVIOLATED THE REPORTING REQUIREMENTS OF EPCRA SECTION 312.04-2010-2010 MAYMEAD MATERIALS, INC. 06/09/2010 EPCRA 325 Action For Penalty6/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,186. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR AMINES AND/OR ASPHALTCEMENT, DIESEL FUEL #2 AND DIESEL FUEL #4 TO THE SERC, LEPC AND FIRE DEPT WITH JURISDICTION OVER THE RESPECTIVE FACILITIES FOR THECALENDAR YEARS 2005, 2006, AND 2007, RESPECTIVELY, BY MARCH 1 OF THE FOLLOWING YEAR -- IN VIOLATION OF EPCRA 312.04-2010-2011 TRIMITE POWDERS INC. 12/24/2009 EPCRA 325 Action For Penalty11/24/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,531, PLUS INTEREST. PENALTY SHALL BE PAID IN 4 QUARTERLYPAYMENTS ACCORDING TO THE SCHEDULE BELOW: FEBRUARY 2, 2010 - $1,408.77; MAY 1, 2020 - $1,408.77; AUGUST 1, 2010 - 1,408.77; NOV 1, 2010 - 1,408.77. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR TITANIUM DIOXIDE TO THE SERC,THE LEPC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2005, 2006, AND 2007, BY MARCH 1 OF THEFOLLOWING YEAR.04-2010-2012 ENBRIDGE PROCESSING LLC 12/01/2009 EPCRA 325 Action For Penalty





Summary12/1/09 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,310 FOR THE CERCLA VIOLATION WHICH SHALL BE PAIDWITHIN 30 DAYS. RESPONDENT SHALL PAY A CIVIL PENALTY OF $5,239 FOR THE EPCRA VIOLATIONS, WHICH SHAL BE PAID WITHIN 30 DAYS.RESPONDENT ALSO AGREES TO COMPLETE A SEP. ON DECEMBER 13, 2008, RESPONDENT HAD A RELEASE OF HYDROGEN SULFIDE ABOVE THE REPORTABLE QUANTITY (RQ) AT ITS FACILITY. EPAALLEGES THAT THE RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THENRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN IT RQ ATTHE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERCAND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF HYDROGEN SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THANTHE RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(c) BY FAILING TO PROVIDE AWRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF HYDROGEN SULFIDE IN AN AMOUNTEQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.04-2010-2013 AIR LIQUIDE INDUSTRIES U.S.

LP03/02/2010 CERCLA 109 Action For Penalty

3/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,507 FOR THE CERCLA VIOLATION AND A PENALTY OF $11,507 FORTHE EPCRA VIOLATIONS - TO BE PAID WITHIN 30 DAYS. ON APRIL 21, 2009, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILIYT. EPAALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a), BY FAILING TO IMMEDIATELY NOTIFY THE NRCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ ATRESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEP ASSOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE TQ ATRESPONDENT'S FACIITY.04-2010-2013 AIR LIQUIDE INDUSTRIES U.S.

LP03/02/2010 EPCRA 325 Action For Penalty





Summary3/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,507 FOR THE CERCLA VIOLATION AND A PENALTY OF $11,507 FORTHE EPCRA VIOLATIONS - TO BE PAID WITHIN 30 DAYS. ON APRIL 21, 2009, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILIYT. EPAALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a), BY FAILING TO IMMEDIATELY NOTIFY THE NRCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ ATRESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEP ASSOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE TQ ATRESPONDENT'S FACIITY.04-2010-2014 CALGON CARBON

CORPORATION01/26/2010 CERCLA 109 Action For Penalty

1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,418, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TOCOMPLETE A SEP. ON SEPT 19, 2007, RESPONDENT HAD A RELEASE OF SODIUM HYPOCHLORITE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPAALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SECTION 103(a) BY FAILING TO IMMEDIATLEY NOTIFY THENRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN ITSRQ AT RESPONDENT'S FACILITY. ON JULY 14, 2008, RESPONDENT HAD A RELEASE OF SPENT CARBON THAT EXCEEDED THE RQ OF 10 POUND FOR AT LEAST ONE OF THEHAZARDOUS WASTES CONSTITUENTS CONTAINED IN THE SPENT CARBON BEING STORED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SECTION 103(a) BY FAILING TO IMMEDIATELY NOTIFYTHE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE THAT THE RELEASE OF SPENT CARBON WAS IN AN AMOUNT EQUAL TO OR GREATER THANTHE RQ FOR ONE OF THE RCRA HAZARDOUS WASTE CONSTITUENTS OF THE SPENT CARBON AT RESPONDENT'S FACILITY. 04-2010-2016 STARCHEM, LLC 03/10/2010 EPCRA 325 Action For Penalty3/10/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,852. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FORTANAPURE AC CONE NEW TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2008 BYMARCH 1 OF THE FOLLOWING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.04-2010-2017 CERADYNE, INC. 02/26/2010 EPCRA 325 Action For Penalty





Summary2/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,212, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT ACOMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SILICON POWDER TO THE SERC, THE LEPC, AND FIRE DEPT WITHJURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006 BY MARCH 1 OF THE FOLLOWING YEAR -- IN VIOLATION OF EPCRASEC 312.04-2010-2018 NORFOLK SOUTHERN

RAILWAY COMPANY06/21/2010 CERCLA 109 Action For Penalty

6/21/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,755, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAY 22, 2009, RESPONDENT HAD A RELEASE OF SODIUM HYDROXIDE ABOVE THE RQ AT THE FACILITY. EPA ALLEGE THAT RESPONDENTVIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HADKNOWLEDGE OF THE RELEASE OF SODIUM HYDROXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ. 04-2010-2019 EGYPTIAN LACQUER

MANUFACTURING CO.03/25/2010 EPCRA 325 Action For Penalty

3/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,531. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FORTOLUENE TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2004, 2005 AND 2006, BYMARCH 1 OF THE FOLLOWING YEAR. 04-2010-2020 ERGON REFINING, INC. 05/25/2010 EPCRA 325 Action For Penalty5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $23,013. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: ON JULY 30-31, 2009, RESPONDENT HAD A RELEASE OF SULFUR DIOXIDE ABOVE THE RQ AT THE FACILITY. RESPONDENT FAILED TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEAD EMERGENCY PLANNING COMMITTEE (LEPC) WHENTHERE HAD BEEN A RELEASE OF SULFUR DIOXIDE IN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.04-2010-2021 BULK PLANTS, INC. 03/25/2010 EPCRA 325 Action For Penalty3/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,755. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FORGASOLINE AND DIESEL FUEL TO THE LEPC WITH JURISDICTION OVER THE FACILITIES FOR CALENDAR YEAR, BY MARCH 1 OF THE FOLLOWING YEAR.





Summary04-2010-2022 FARMERS INVESTMENT

COMPANY, INC.07/01/2010 CERCLA 109 Action For Penalty

7/1/10 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,511, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TOPERFORM A SEP. ALLEGATIONS: ON OCT 21, 2008, RESPONDENT HAD A RELEASE OF FRIABLE ASBESTOS, ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY.EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THENRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF FRIABLE ASBESTOS IN AN AMOUNT EQUAL TO OR GREAT THAN ITS RQ ATRESPONDENT'S FACILITY. 04-2010-2023 FIRESTONE TEXTILE AND

FIBERS05/25/2010 CERCLA 109 Action For Penalty

5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $4,316 ($1,439 CERCLA VIOLATION AND $2,877EPCRA VIOLATION). RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: ON SEPTEMBER 30, 2009, RESPONDENT HAD A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENTVIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO PROVIDE WRITTEN FOLLOW-UP EMERGENCY NOTICE TOTHE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO ORGREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON SEPTEMBER 30, 2009, RESPONDENT HAD A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENTVIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENTHAD KNOWLEDGE OF THE RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON SEPTEMBER 30, 2009, RESPONDENT HAD RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENTVIOLATED THE NOTIFCATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'SFACILITY.04-2010-2023 FIRESTONE TEXTILE AND

FIBERS05/25/2010 EPCRA 325 Action For Penalty





Summary5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $4,316 ($1,439 CERCLA VIOLATION AND $2,877EPCRA VIOLATION). RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: ON SEPTEMBER 30, 2009, RESPONDENT HAD A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENTVIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO PROVIDE WRITTEN FOLLOW-UP EMERGENCY NOTICE TOTHE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO ORGREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON SEPTEMBER 30, 2009, RESPONDENT HAD A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENTVIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENTHAD KNOWLEDGE OF THE RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON SEPTEMBER 30, 2009, RESPONDENT HAD RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENTVIOLATED THE NOTIFCATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'SFACILITY.04-2010-2024 SOUTHERN ADDITIVES 05/25/2010 EPCRA 325 Action For Penalty5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000. RESPONDENT SHALL MAKE THE FIRST PAYMENT OF$503.13 BY JULY 1, 2010. THE LAST PAYMENT OF $503.13 IS DUE BY APRIL 1, 2011. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEAR 2008, FORMALDEHYDE WAS PRESENT AT THE FACILITY IN AN AMOUNT OF EQUAL TO OR GREATERTHAN 500 POUNDS. FORMALDEHYDE IS AN "EXTREMELY HAZARDOUS SUBSTANCE" AS DEFINED UDNER SECTION 329(3) OF EPCRA, 42 U.S.C. SECTION 11049(3), FORWHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR FORMALDEHYDE TO THE SERC,THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2008 BY MARCH 1 OF THE FOLLOWING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.04-2010-2025 LASKO PRODUCTS, INC. 04/15/2010 EPCRA 325 Action For Penalty





Summary4/15/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,705, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR GRAY BAKE ENAMEL TO THESERC, THE LEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2006, 2007, AND 2008 BY MARCH 1 OF THEFOLLOWING YEAR -- IN VIOLATION OF EPCRA 312. 04-2010-2026 PERDUE FARMS, INC. 06/21/2010 CERCLA 109 Action For Penalty2/21/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,754 FOR THE CERCLA VIOLATION AND $9,294 FOR THE EPCRAVIOLATIONS, WHICH SHALL BE PAID WITHIN 30 DAYS. ALLEGATIONS: ON JULY 18, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LECP ASSOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEAOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCYNOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO ORGREATER THAN THE RQ AT RESPONDENT'S FACILITY.04-2010-2026 PERDUE FARMS, INC. 06/21/2010 EPCRA 325 Action For Penalty





Summary2/21/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,754 FOR THE CERCLA VIOLATION AND $9,294 FOR THE EPCRAVIOLATIONS, WHICH SHALL BE PAID WITHIN 30 DAYS. ALLEGATIONS: ON JULY 18, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LECP ASSOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEAOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCYNOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO ORGREATER THAN THE RQ AT RESPONDENT'S FACILITY.04-2010-2027 FLORIDA ICE

MANUFACTURINGCORPORATION






Summary5/4/10 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $1,000 ($500- EPCRA VIOLATIONS AND $500 CERCLAVIOLATION. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON JAUNUARY 4, 2007, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THENOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENTHAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UPEMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF ANYDROUS AMMONIA I ANAMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR ANYDROUS AMMONIA TO THESERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007 AND 2006 BY MARCH 1 OF THEYEAR FOLLOWING THE CALENDAR YEARS WHICH THE REPORT WAS REQUIRED. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA AT ITS FACILITY FOR CALENDAR YEARS 2008, 2007 AND 2006. 04-2010-2028 YAGER MATERIALS, LLC 04/20/2010 EPCRA 325 Action For Penalty4/20/2010 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $19,212 DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT ACOMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR LIQUID ASPHALT TO THE SERC, THE LEPC, AND THE FIRE DEPT WITHJURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006 BY MARCH 1 OF THE FOLLOWING YEAR -- IN VIOLATION OF EPCRASECTION 312. 04-2010-2029 PARKER HANNIFIN






Summary5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,458. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEARS 2008, 2007, AND 2006, LIQUID NITROGEN WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO ORGREATER THAN 10,000 POUNDS. LIQUID NITROGEN IS A "HAZARDOUS CHEMICAL" AS DEFINE BY SECTION 329(5) OF EPCRA, 42 U.S.C SECTION 11049(5) FOR WHICH RESPONDENT ISREQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR LIQUID NITROGEN TO THE SERC,THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THEFOLLOWING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.04-2010-2030 WEYLCHEM US INC. 06/29/2010 EPCRA 325 Action For Penalty6/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,348, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TOPERFORM A SEP. ALLEGATIONS: RESPONDENT FAILED TO SUBMIT A FORM R FOR CHLOROFORM, N-METHYL-2-PYRROLIDONE, AND DICHLOROMETHANE TO THEADMINISTRATOR OF EPA AND TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE STATE OF SC BY JULY 1 OF THE REQUIRED REPORTINGYEAR. REPONDENT VIOLATED THE REPORTING REQUIREMENTS OF EPCRA SEC 313 AT ITS FACILITY FOR CALENDAR YEARS 2007 AND 2006 FORCHLOROFORM, CALENDAR YEAR 2007 FOR DICHLOROMETHANE AND CALENDAR YEAR 2006 FOR N-METHYL-2-PYRROLIDONE.04-2010-2031 THERMALEX, INC. 07/02/2010 EPCRA 325 Action For Penalty7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $71,675, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT FAILED TO SUBMIT A FORM R OR FORM A FOR ZINC (FUME OR DUST), COPPER AND MANGANESE TO THE ADMINISTRATOR OF EPAAND TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE STATE OF ALABAMA BY JULY 1 OF THE REQUIRED REPORTING YEAR. RESPONDENTVIOLATED THE REPORTING REQUIREMENTS OF EPCRA SECTION 313 FOR CALENDAR YEAR 2007. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR AMMONIA TO THE SERC, THELEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008 AND 2007 BY MARCH 1 OF THE FOLLOW YEAR.RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF EPCRA SECTION 312 FOR CALENDAR YEAR 2008 AND 2007.





Summary04-2010-2032 PERIMETER TERMINAL, LLC 05/07/2010 EPCRA 325 Action For Penalty5/7/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,237, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR GASOLINE TO THE SERC, THELEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008 AND 2006, BY MARCH 1 OF THE FOLLOWING YEAR - INVIOLATION OF EPCRA SECTION 312.04-2010-2033 PEDDIE CHEMICAL COMPANY,


6/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,250, PLUS INTEREST, DUE IN 12 MONTHLY INSTALLMENTS. EACHPAYMENT OF $1,696.65 DUE ON EACH OF THE FOLLOWING DATES: JULY 1, 2010; AUG 1, 2010; SEPT 1, 2010; OCT 1, 2010; NOV 1, 2010; DEC 1, 2010; JAN 1, 2011; FEB 1, 2011; MAR 1, 2011; APR 1, 2011; MAY 1, 2011; JUN 1, 2011. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR CHLORINE TO THE SERC, THELEPC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008 AND 2007 TO THE LEPC AND FIRE DEPT FORCALENDAR YEAR 2006 BY MARCH 1 OF THE FOLLOWING YEAR. 04-2010-2034 WEBASTO ROOF SYSTEMS,






Summary6/21/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,364, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TOCOMPLETE A SEP. ALLEGATIONS: RESPONDENT FAILED TO INCLUDE SULFURIC ACIDE ON THE EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM SUBMITTED TO THE SERC,THE LEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THE FOLLOWINGYEAR, RENDERING THE SUBMISSION INCOMPLETE -- IN VIOLATION OF EPCRA SEC 312. 04-2010-2035 ARKEMA, INC. 06/09/2010 CERCLA 109 Action For Penalty6/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,904, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TOCOMPLETE A SEP. ALLEGATIONS: ON SEPT 26, 2009, RESPONDENT HAD A RELEASE OF SULFURIC ACID ABOVE THE REPORTABLE QUANITITY (RQ) AT THE FACILITY. EPA ALLEGESTHAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOONAS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF SULFURIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ. 04-2010-2036 FLORIDA POWER & LIGHT

COMPANY (FPL)07/13/2010 CERCLA 109 Action For Penalty

7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,759, DUE WITHIN 30 DAYS. EPA ALLEGES THAT RESPONDENTVIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF SODIUM HYPOCHLORITE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS REPORTABLEQUANTITY (RQ) AT RESPONDENT'S FACILITY. 04-2010-2037 THE CHEESECAKE FACTORY

BAKERY, INC.05/25/2010 EPCRA 325 Action For Penalty





Summary5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $26,325. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEARS 2008, 2007, AND 2006, AMMONIA WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO ORGREATER THAN 500 POUNDS. AMMONIA IS AN "EXTREMELY HAZARDOUS SUBSTANCE" AS DEFINED UNDER SECTION 329(3) OF EPCRA, 42 U.S.C. SECTION 11049(3), FOR WHICHRESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR AMMONIA TO THE SERC, THELEPC, AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THEFOLLOWING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, 42 U.S.C. SECTION 11022, AT ITS FACILITY FOR CALENDARYEARS 2008, 2007, AND 2006.04-2010-2038 TRONOX PIGMENTS

(SAVANNAH) INC.06/09/2010 CERCLA 109 Action For Penalty

6/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,879, DUE WITHING 30 DAYS. ON DEC 9, 2009, RESPONDENT HAD A RELEASE4 OF SULFURIC ACID ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENT OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOLEDGE OF THE RELEASE OF SULFURIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'SFACILITY.04-2010-2039 TAMPA ELECTRIC COMPANY 07/20/2010 CERCLA 109 Action For Penalty7/20/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,759, DUE WITHIN 30 DAYS. ON NOV 15, 2009, RESPONDENT HAD A RELEASE OF SULFURIC ACID ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOONAS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF SULFURIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN IT RQ. 04-2010-2041 EQUINOX CHEMICALS, LLC 05/25/2010 EPCRA 325 Action For Penalty





Summary5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,427. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: AT SOME TIME DURING THE CALENDAR YEAR 0F 2008, NITROGEN WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN10,000 POUNDS. NITROGEN IS A "HAZARDOUS CHEMICAL" AS DEFINED UNDER SECTION 329(5) OF EPCRA, 42 U.S.C SECTION 1104(9), FOR WHICH RESPONDENT ISREQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR NITROGEN TO THE SERC, THELEPC, AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2008, BY MARCH 1 OF THE FOLLOWING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.04-2010-2042 SASCO CHEMICAL GROUP,


6/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,250, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE SERC,THE LEPC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006 BY MARCH 1 OF EACHFOLLOWING YEAR IN VIOLATION OF EPCRA SEC 312. 04-2010-2043 SPECIALTY YARN &

CONVERTING, INC.07/13/2010 EPCRA 325 Action For Penalty

7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,511, DUE WITHIN 30 DAYS. EPA ALLEGES THAT RESPONDENTFAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR FORMALDEHYDE TO THE SERC, LEPC AND FIREDEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2008 BY MARCH 1 OF THE FOLLOW YEAR. EPA ALLEGES THAT RESPONDENTVIOLATED THE REPORTING REQUIREMENTS OF EPCRA SECTION 312 AT ITS FACILITY FOR CALENDAR YR 2008.04-2010-2045 AVANTI POLAR LIPID, INC. 07/02/2010 CERCLA 109 Action For Penalty





Summary7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,852, DUE WITHIN 30 DAYS. ALLEGED ALLEGATIONS: ON DEC 2, 2009, RESPONDENT HAD A RELEASE OF CHLOROFORM ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLOROFORM IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'SFACILITY. 04-2010-2046 HAUSNER HARD-CHROME,

INC.08/09/2010 CERCLA 109 Action For Penalty

8/9/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,262. ORDER ALLEGES: ON JUNE 17, 2009, RESPONDENT HAD A RELEASE OF CHROMIC ACID, ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELYNOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF TH RELEASE OF CHROMIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN ITSRQ AT RESPONDENT'S FACILITY.04-2010-2047 TAMPA BAY FISHERIES, INC. 07/13/2010 CERCLA 109 Action For Penalty7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,880 FOR THE CERCLA VIOLATION AND $2,880 FOR THE EPCRAVIOLATION. ALLEGATIONS: ON OCT 9, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SECTION 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ. 04-2010-2047 TAMPA BAY FISHERIES, INC. 07/13/2010 EPCRA 325 Action For Penalty





Summary7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,880 FOR THE CERCLA VIOLATION AND $2,880 FOR THE EPCRAVIOLATION. ALLEGATIONS: ON OCT 9, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SECTION 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ. 04-2010-2050 HARRELL INDUSTRIES, INC. 08/02/2010 EPCRA 325 Action For Penalty8/2/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,900. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR FERRIC CHLORIDE ANDFERROUS SULFATE TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007,AND 2006, BY MARCH 1st OF THE YEAR FOLLOWING THE CALENDAR YEAR WHICH A REPORT WAS REQUIRED. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, FOR CALENDAR YEARS 2008, 2007, AND 2006.04-2010-2051 SHIELDS FERTILIZER

COMPANY, INC.07/13/2010 EPCRA 325 Action For Penalty

7/13/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,780. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR AQUA AMMONIA TO THE SERC,THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007 AND 2006, BY MARCH 1 OF THE YEARFOLLOWING THE CALENDAR YEAR FOR WHICH A REPORT WAS REQUIRED. IN VIOLATION OF EPCRA SECTION 312. 04-2010-2055 HENDRICK SCREEN COMPANY 07/02/2010 EPCRA 325 Action For Penalty





Summary7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,434, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT FAILED TO SUBMIT A FORM R OR FORM A FOR CHROMIUM AND NICKEL TO THE ADMINISTRATOR OF EPA AND TO THE OFFICIALDESIGNATED BY THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY BY JULY 1 OF THE REPORTING YEAR. RESPONDENT VIOLATED THEREPORTING REQUIREMENTS OF EPCRA SEC 313 FOR CALENDAR YEAR 2007. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR STAINLESS STEEL TO THE SERC,LEPC, AND FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THE FOLLOWING YEAR.RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF EPCRA SECTION 312 FOR CALENDAR YEARS 2008, 2007, AND 2006.04-2010-2056 SOUTHEASTERN FREIGHT

LINES, INC.08/03/2010 EPCRA 325 Action For Penalty

8/3/2010 - CONSENT AGREEEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,900. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: ON AUGUST 25, 2009, RESPONDENT HAD A RELEASE OF TETRACHLOROETHYLENE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THENOTITICATION REQUIREMENT OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HADKNOWLEDGE OF THE RELEASE OF TETRACHLOROETHYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. ON AUGUST 25, 2009, RESPONDENT HAD A RELEASE OF TETRACHLOROETHYLENE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THENOTIFICATION REQUIREMENT OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENTHAD KNOWLEDGE OF THE RELEASE OF TETRACHLOROETHYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'SFACILITY.04-2010-2057 VUTEQ CORPORATION 07/13/2010 EPCRA 325 Action For Penalty7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,511, DUE WIHTIN 30 DAYS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE SERC,THE LEPC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2009, BY MARCH 1 OF THE FOLLOWING YEAR.RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA AT ITS FACILITY FOR CALENDAR YEAR 2009. 04-2010-2058 AMERICAN COLD STORAGE-

NORTH AMERICA, L.P.07/02/2010 CERCLA 104E5A AO For Access And/Or Info





Summary7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $33,750 FOR THE CERCLA VIOLATION AND $23,900 FOR THE EPCRAVIOLATIONS. ON MAY 13, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN IT RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUONT EQUAL TO OR GREATER THAN THE RQ ATRESPONDENT'S FACILITY. 04-2010-2058 AMERICAN COLD STORAGE-

NORTH AMERICA, L.P.07/02/2010 EPCRA 325 Action For Penalty

7/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $33,750 FOR THE CERCLA VIOLATION AND $23,900 FOR THE EPCRAVIOLATIONS. ON MAY 13, 2009, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THATRESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON ASRESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN IT RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SECTION 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPCAS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUONT EQUAL TO OR GREATER THAN THE RQ ATRESPONDENT'S FACILITY. 04-2010-2060 SPECIALTY FABRICS &

CONVERTING, INC.07/13/2010 EPCRA 325 Action For Penalty

7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $975, DUE WITHIN 30 DAYS. EPA ALLEGES THAT RESPONDENTFAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE FIRE DEPT WITHJURISDICTION OVER THE FACILTY FOR CALENDAR YEAR 2007 BY MARCH 1 OF THE FOLLOWING YEAR. EPA ALLEGES THAT THE RESPONDENTVIOLATED THE REPORTING REQUIREMENTS OF EPCRA SEC 312 FOR CALENDAR YEAR 2007.04-2010-2065 INCHEM CORPORATION 08/03/2010 EPCRA 325 Action For Penalty





Summary8/3//2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $26,300. RESPONDENT SHALL MAKE TWELVE CONSECUTIVEMONTHLY PAYMENTS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE SERC,THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006 BY MARCH 1 OF THE YEARFOLLOWING THE CALENDAR YEAR FOR WHICH A REPORT WAS REQUIRED.04-2010-2067 TOTAL LOGISTIC CONTROL 07/13/2010 EPCRA 325 Action For Penalty7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,800, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT ACOMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR CARBON DIOXIDE TO THE SERC, THE LEPC, AND THE FIRE DEPTWITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2009 BY MARCH 1 OF THE FOLLOWING YEAR. RESPONDENT VIOLATED THEREPORTING REQUIREMENTS OF EPCRA SECTION 312 AT ITS FACILITY FOR CALENDAR 2009. 04-2010-2700 FALCON PROPERTY

MANAGEMENT04/06/2010 TSCA 16 Action For Penalty

4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,500. RESPONDENT SHALL MAKE 12 EQUAL PAYMENTS OF $480.98.THE FIRST PAYMENT SHALL BE MADE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 4218 HEYWOOD STREET, JACKSONVILLE, FL. BASED ON INFO OBTAINED BY EPAON OR ABOUT APR 6, 2005, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENTVIOLATED SECTION 409 OF TSCA AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD/BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENSE OF ANY KNOWN LEAD-BASED IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD PAINT HAZARDS IN THE TARGET HOUSING AND THE ESISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASEDPAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED PROVIDE TO THE LESSEEANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSA STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THELESSOR OF THE LESSOR'S OBLIGATIONS AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.





Summary

4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,500. RESPONDENT SHALL MAKE 12 EQUAL PAYMENTS OF $480.98.THE FIRST PAYMENT SHALL BE MADE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 4218 HEYWOOD STREET, JACKSONVILLE, FL. BASED ON INFO OBTAINED BY EPAON OR ABOUT APR 6, 2005, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENTVIOLATED SECTION 409 OF TSCA AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD/BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENSE OF ANY KNOWN LEAD-BASED IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD PAINT HAZARDS IN THE TARGET HOUSING AND THE ESISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASEDPAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED PROVIDE TO THE LESSEEANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSA STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THELESSOR OF THE LESSOR'S OBLIGATIONS AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. 04-2010-2701 HOBSON-KERNS CO., INC. 12/15/2009 TSCA 16 Action For Penalty





Summary12/15/09 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $50, DUE WITHIN 30 DAYS. RESPONDENT IS A LESSOR OFRESIDENTIAL HOUSING LOCATED AT 212 S. WILLETT #1, #2, #3, MEMPHIS, TN, AND 151 ROBERTA, MEMPHIS, TN. BASED ON INTO OBTAINED BY EPAON OR ABOUT NOV 27, 2007, RELATED TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES TAHT RESPONDENTVIOLATED SECTION 409 OF TSCA AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST 5 LEASES. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST 5 LEASES. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING, AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT/ RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST FIVE LEASES. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THE LESSEEANY RECORDS OR REPORTS IN AT LEAST FIVE LEASES. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 5 LEASES. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST 5 LEASES. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDETHE APPROPRIATE INFO IN AT LEAST 5 LEASES. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 5 LEASES. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHIN THECONTRACT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HASINFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS AND THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENTFAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 5 LEASES. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURE OFTHE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDETHE APPROPRIATE INFO IN AT LEAST 5 LEASES.04-2010-2702 ARCO REALTY COMPANY 04/29/2010 TSCA 16 Action For Penalty4/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,100. RESPODNENT ALSO AGREES TO COMPLETE A SEP. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 309-1 N. SPRING STREET, GREENSBORO, NC. THIS RESIDENTIAL HOUSING IS"TARGET HOUSING" AS DEFINED AT 40 CFR 745.103. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 4, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE THE LESSEEANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLDUE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEASE ONELEASE. G. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.





Summary4/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,100. RESPODNENT ALSO AGREES TO COMPLETE A SEP. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 309-1 N. SPRING STREET, GREENSBORO, NC. THIS RESIDENTIAL HOUSING IS"TARGET HOUSING" AS DEFINED AT 40 CFR 745.103. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 4, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE THE LESSEEANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLDUE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEASE ONELEASE. G. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.





Summary

4/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,100. RESPODNENT ALSO AGREES TO COMPLETE A SEP. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 309-1 N. SPRING STREET, GREENSBORO, NC. THIS RESIDENTIAL HOUSING IS"TARGET HOUSING" AS DEFINED AT 40 CFR 745.103. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JUNE 4, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE THE LESSEEANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLDUE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEASE ONELEASE. G. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.04-2010-2703 BC-BAINBRIDGE BAY POINTE,

LLC AND BAINBRIDGETIMUQUANA, LLC

07/13/2010 TSCA 16 Action For Penalty

7/13/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,684.37. RESPONDENT SHALL MAKE PAYMENT WITHINDAYS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST THIRTY-FIVE LEASES. 04-2010-2704 SEEPERSAUD & NEPHEW

APARTMENTS & REAL ESTATE01/08/2010 TSCA 16 Action For Penalty





Summary1/8/10 - CONSENT AGREEMENT AND FINAL ORDER, ASSESSING A PENALTY OF $206.25. RESPONDENT ALSO AGREES TO COMPLETE A SEP. SPECIFIC ALLEGATIONS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST FIVE LEASES. B. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST 5 LEASES. C. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST 5 LEASES. D. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF NAY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFORMATION OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILEDTO INCLUDE THE APPROPRIATE INFO IN AT LEAST 5 LEASES. E. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO REFERENCED IN PARA D ABOVE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO INAT LEAST 5 LEASES. F. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONSAND THAT THE AGENT(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST5 LEASES. G. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE, SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 5 LEASES. 04-2010-2705 LOGAN PROPERTIES D/B/A

CEDAR CREEK TOWNHOMEAPARTMENTS






Summary2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $728. ORDER ALLEGES: BASED ON INFORMATION OBTAINEDBY EPA ON OR ABOUT JANUARY 28, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THATRESPONDENT VIOLATED SECTION 409 OF TSCA AND 40 C.F.R. PART 745, SUBPART F, AS FOLLOWS: PURSUANT TO 40 CFR SECTION 745.113(b)(4),EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BY THE LESSEE AFFIRMING RECEIPTOF THE INFORMATION. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFORMATION IN AT LEAST TWO LEASES.04-2010-2706 COLONIAL PARK APARTMENTS 02/25/2010 TSCA 16 Action For Penalty2/25/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $728, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEAST TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OFTHE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDETHE APPROPRIATE INFORMATION IN AT LEAST EIGHT LEASES.04-2010-2708 CHEMENCE, INC. 03/17/2010 TSCA 16 Action For Penalty3/17/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,153. RESPONDENT SHALL MAKE FOUR INSTALLMENTPAYMENTS. THE FIRST PAYMENT OF $3,308.82 IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT OF $3,308,82 IS DUE BY FEBRUARY 2011. ORDER ALLEGES: IN 2005, RESPONDENT MANUFACTURED AND IMPORTED A REPORTABLE QUANIITY OF OF (CBI DELETED) HEREINAFTER REFERRED TO AS CHEMICALA. CHEMICAL A WAS SUBJECT TO THE 2006 INVENTORY UPDATE REPORTING (IUR) AS DESCRIBED IN 40 CFR SECTION 710.45. PURSUANT TO 40 CFRSECTION 710.48, RESPONDENT IS A MANUFACTURER/IMPORTER THAT WAS SUBJECT TO THE 2006 IUR. AS REFERENCE IN 40 CFR SECTION 710.53,THE 2006 IUR SUBMISSION PERIOD WAS AUGUST 25, 2006 THROUGH MARCH 23, 2007. ON SEPTEMBER 25, 2007, RESPONDENT SUBMITTED THE 2006IUR REPORT FOR CHEMICAL A TO EPA IN WASHINGTON, D.C. RESPONDENT FAILED TO SUBMIT CHEMICAL A'S 2006 IUR REPORT TO EPA DURING THESUBMISSION PERIOD DESCRIBED IN 40 CFR SECTION 710.53. PURSUANT TO 40 CFR SECTION 710.1(c), IT IS UNLAWFUL FOR ANY PERSON TO FAIL ORREFUSE TO SUBMIT INFORMATION REQUIRED UNDER THE IUR REGULATIONS.04-2010-2709 CALGON CARBON






Summary3/17/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,634. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: BASED ON RESPONDENT'S 2005 PRODUCTION RECORDS, EPA DETERMINED THAT RESPONDENT MANUFACTURED AND IMPORTED A REPORTABLEQUANIITY OF OF (CBI DELETED) HEREINAFTER REFERRED TO AS CHEMICAL A. CHEMICAL A WAS SUBJECT TO THE 2006 INVENTORY UPDATEREPORTING (IUR) AS DESCRIBED IN 40 CFR SECTION 710.45. PURSUANT TO 40 CFR SECTION 710.48, RESPONDENT IS A MANUFACTURER/IMPORTERTHAT WAS SUBJECT TO THE 2006 IUR. AS REFERENCED IN 40 CFR SECTION 710.53, THE 2006 IUR SUBMISSION PERIOD WAS AUGUST 25, 2006THROUGH MARCH 23, 2007. ON JANUARY 21, 2009, RESPONDENT SUBMITTED THE 2006 IUR REPORT FOR CHEMICAL A TO EPA IN WASHINGTON, D.C.RESPONDENT FAILED TO SUBMIT CHEMICAL A'S 2006 IUR REPORT TO EPA DURING THE SUBMISSION PERIOD DESCRIBED IN 40 CFR SECTION 710.53.PURSUANT TO 40 CFR SECTION 710.1(c), IT IS UNLAWFUL FOR ANY PERSON TO FAIL OR REFUSE TO SUBMIT INFORMATION REQUIRED UNDER THEIUR REGULATIONS.04-2010-2710 APEXICAL, INC. 04/29/2010 TSCA 16 Action For Penalty4/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,569, DUE IN FOUR INSTALLMENT PAYMENTS OF $4,671.30 (PLUSINTEREST). THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. ALLEGATIONS: ON MAY 14, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S PLACE OF BUSINESS. IN 2006, RESPONDENT EXPORTED TO CANADA ANDCHINA A SHIPMENT OF [CBI DELETED] HEREINAFTER REFERRED TO A PRODUCT A. PRODUCT A CONTAINED [CBI DELETED] HEREINAFTER REFERREDTO AS CHEMICAL A. PURSUANT TO TSCA SEC 12(b), CHEMICAL A WAS SUBJECT TO THE EXPORT NOTIFICATION REGULATIONS PROMULGATED AT 40CFR SEC 707, SUBPART D. AT THE TIME OF THE INSPECTION, THERE WERE NO RECORDS ON FILE INDICATING THAT RESPONDENT HAD SUBMITTEDAN EXPORT NOTICE TO THE EPA FOR TWO SEPARATE SHIPMENTS OF CHEMICAL A THAT WERE EXPORTED TO CANADA AND CHINA. RESPONDENTVIOLATED TSCA SEC 15 BY FAILING TO COMPLY WITH TSCA SEC 12(b) AND THE REGULATIONS PROMULGATED AT 40 CFR SEC 717, SUBPART D. ON NOV 9, 2009, RESPONDENT VOLUNTARILY DISCLOSED THAT IT HAD FAILED TO SUBMIT AN EXPORT NOTICE TO THE EPA FOR TWO SEPARATESHIPMENTS OF CHEMICAL A THAT WERE EXPORTED TO INDIA AND AUSTRALIA BETWEEN 2005 AND 2008. RESPONDENT VIOLATED TSCA SEC 15, BYFAILING TO COMPLY WITH TSCA SEC 12(b) AND THE REGULATIONS PROMULGATED AT 40 CFR 707, SUBPART D. 04-2010-2711 BENCHMARK ROLLINGWOOD

APARTMENTS, LP04/06/2010 TSCA 16 Action For Penalty





Summary4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,806, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAIN BY EPA ON OR ABOUT MARCH 24, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR (b)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSOR PERTAINING TOLEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THE LESSEE ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE.04-2010-2712 R. T. VANDERBILT COMPANY,


5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $37,267.00. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO REPORT [CBI DELETED] POUNDS OF CHEMICAL A, MANUFACTURED IN CALENDAR YEAR 2005, DURING THE APPLICABLESUBMISSION PEROD, A VIOLATION OF 15 U.S.C. SECTION 2614(3)(B). RESPONDENT FAILED TO REPORT [CBI DELETED] POUNDS OF CHEMICAL D, MANUFACTURED IN CALENDAR YEAR 2005, DURING THE APPLICABLESUBMISSION PERIOD, A VIOLATION OF 15 U.S.C SECTION 2614(3)(B).04-2010-2713 ATLANTA RESOURCE

ENTERPRISE, LLLP06/03/2010 TSCA 16 Action For Penalty

6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,224, PLUS INTEREST, WHICH IS TO BE PAID IN 12 PAYMENTS. THEFIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS ARE DUE IN 3-MONTH INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 20, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST 4 LEASES.





Summary04-2010-2714 PRESTON CHASE

APARTMENTS04/29/2010 TSCA 16 Action For Penalty

4/29/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,224, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING HOUSING LOCATED AT 1034 FRANKLING ROAD, APT L-11, MARIETTA, GA. THIS RESIDENTIALHOUSING IS TARGET HOUSING AS DEFINED AT 40 CFR 745.103. BASED ON INFO OBTAINED BY EPA ON OR ABOUT DEC 18, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGEST THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AN LEAST ONE LEASE.04-2010-2715 BROOKSIDE WEST, LLC 04/06/2010 TSCA 16 Action For Penalty





Summary4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,020, PLUS INTEREST, WHICH IS TO BE PAID IN 8 QTRLYPAYMENTS OF $1,645.86, OVER TWO YEARS. THE FIRST PAYMENT IS DUE WITHING 30 DAYS AND SUBSEQUENT PAYMENTS ARE DUE IN 3 MONTHINTERVALS THEREAFTER. THE FINAL PAYMENT IS DUE WITHIN 660 DAYS OF FILING. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT FEB 15, 2007, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES TAHT RESPONDENT VIOLATED TSCA SECTION 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST THREE LEASES. B. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE THE LESSEEANY RECORDS OR REPORTS IN AT LEAST THREE LEASES. C. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST THREE LEASES. D. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST THREE LEASES. E. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEASE THREELEASES.04-2010-2716 ASHTON PLACE APARTMENTS 06/09/2010 TSCA 16 Action For Penalty





Summary6/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,400, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING. BASED ON INFO OBTAINED BY EPA ON OR ABOUT DEC 17, 2009, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745,SUBPART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 12 LEASES. 04-2010-2717 EMERALD POINTE






Summary5/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $2,888, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED AT 2108 EMERALD POINTE DRIVE #5, VESTAVIA HILLS, AL. BASED ON INFO OBTAINED BY EPA ON OR ABOUT MARCH 21, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSINGDESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED SEC 409 OF TSCA AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED PROVIDE TO THE LESSEEANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENSE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.04-2010-2718 AVX CORPORATION 05/26/2010 TSCA 16 Action For Penalty5/25/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $55,901, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT IMPORTED [CBI DELETED] POUNDS OF CHEMICAL A IN 2005. RESPONDENT IMPORTED [CBI DELETED] POUNDS OF CHEMICAL B IN 2005. RESPONDENT IMPORTED [CBI DELETED] POUNDS OF CHEMICAL C IN 2005. CHEMICALS A, B, AND C WERE SUBJECT TO THE 2006 INVENTORY UPDATE REPORTING (IUR). RESPONDENT FAILED TO SUBMIT THE 2006 IURREPORT TO EPA FOR CHEMICALS A, B, AND C DURING THE REPORTING PERIOD DESCRIBED IN 40 CFR 710.53. PURSUANT TO 40 CFR 710.1(c), ANDTSCA SEC 15(3), IT IS UNLAWFUL FOR ANY PERSON TO FAIL OR REFUSE TO SUBMIT INFO REQUIRED UNDER THE IUR REGULATIONS.





Summary04-2010-2721 FIRST REALTY PROPERTY

MANAGEMENT06/03/2010 TSCA 16 Action For Penalty

6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,600, PLUS INTEREST, WHICH IS TO BE PAID IN 8 QTRLYPAYMENTS, OVER TWO YEARS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS ARE DUE IN 3-MONTH INTERVALSTHEREAFTER. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 28, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST 2 LEASES. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST TWO LEASES. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST 2 LEASES. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST 2 LEASES. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE THE APPROPRIATE STATEMENT IN AT LEAST 2 LEASES. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST 2 LEASES. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 2 LEASES. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 2 LEASES. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 2LEASES. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WEEL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 2 LEASES.





Summary

6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,600, PLUS INTEREST, WHICH IS TO BE PAID IN 8 QTRLYPAYMENTS, OVER TWO YEARS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS ARE DUE IN 3-MONTH INTERVALSTHEREAFTER. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 28, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST 2 LEASES. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST TWO LEASES. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST 2 LEASES. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST 2 LEASES. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE THE APPROPRIATE STATEMENT IN AT LEAST 2 LEASES. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING PURCHASED OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST 2 LEASES. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 2 LEASES. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 2 LEASES. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 2LEASES. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WEEL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 2 LEASES.04-2010-2722 PRESTIGE PROPERTIES 06/18/2010 TSCA 16 Action For Penalty6/18/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,064, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 28, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITSTARGET HOUSING DESCRIBED ABOVE, EPA ALLEGES THAT RESPONDENT VIOLATED SEC 409 OF TSCA AND 40 CFR PART 745, SUBPART F, ASFOLLOWS: PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST ONE LEASE.04-2010-2723 OKATIBBEE RIDGE






Summary7/1/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $44,000. RESPONDENT WILL MAKE TWELVE QUARTERLYINSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $3,726.52 IS DUE WITHIN THIRTY DAYS. THE LAST PAYMENT IS DUE WITHIN 1,020 DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA ON OR ABOUT JANUARY 17, 2008, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGETHOUSING. PURSUANT TO 40 CFR SECTION 745.1079a)(1),A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HZARD INFORMATION PAMPHLETBEFORE THE LESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVED PAMPHLET IN AT LEAST FIVE LEASES. PURSUANT TO 40 CFR SECTION 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOW LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRSENCE OF ANY KNOWNLEAD-BASED PAINT IN AT LEAST FIVE LEASES. PURSUANT TO 40 CFR SECTION 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING, AND THE EXISTENCE OF ANY AVAILABLE RECORES OR REPORTS PERTAIING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSED TOTHE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST FIVE LEASES. PURSUANT TO 40 CFR SECTION 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILALE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST FIVE LEASES. PURSUANT TO 40 CFR SECTION 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE, AS AN ATTACHMENT TO OR WITHINTHE CONTRACT, THE LEAD WARNING STATEMENT. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST FIVE LEASES. 04-2010-2724 CARSWELL REALTY

PROPERTY MANAGEMENT07/13/2010 TSCA 16 Action For Penalty

7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,800, PLUS INTEREST, TO BE PAID IN 12 QTRLY PAYMENTS OVER 3YEARS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT APR 20, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATMENT. RESPONDENTFAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INLCUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONELEASE. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.





Summary

7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,800, PLUS INTEREST, TO BE PAID IN 12 QTRLY PAYMENTS OVER 3YEARS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT APR 20, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATMENT. RESPONDENTFAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INLCUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONELEASE. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.





Summary

7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,800, PLUS INTEREST, TO BE PAID IN 12 QTRLY PAYMENTS OVER 3YEARS. ALLEGATIONS: BASED ON INFO OBTAINED BY EPA ON OR ABOUT APR 20, 2009, RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPAALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFR PART 745, SUBPART F AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AT LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2), A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT IN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATMENT. RESPONDENTFAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INLCUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. H. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENTBY THE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS ANDTHAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST ONELEASE. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE.04-2010-2728 TAMARACK APARTMENTS 08/03/2010 TSCA 16 Action For Penalty8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT FAILED TO PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS IN AT LEAST FIVE LEASES. RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT INDICATED NO KNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/ORLEAD-BASED PAINT HAZARDS IN AT LEAST FIVE LEASES. RESPONDENT FAILED TO INCLUDE IN AT LEAST FIVE LEASES AN ATTACHMENT OR WITHIN THE CONTRACT, A LIST OF ANY RECORDS OR REPORTSPERTAINING TO LEAD HAZARD INFORMATION, OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TO INCLUDE IN AT LEAST FIVE LEASES A STATEMENT BY THE LESSEE AFFIRMING RECEIPT OF THE INFORMATION. RESPONDENT FAILED TO INCLUDE, AS AN ATTACHMENT TO OR WITHIN THE CONTRACT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED INTHE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT(S) HAS INFORMED THE LESSOR OF THE LESSOR'S OBLIGATIONS, AND THAT THEAGENT(S) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE THE APPRORIATE INFORMATION IN AT LEAST FIVELEASES. RESPONDENT FAILED TO INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THEACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE IN AT LEAST FIVE LEASES. 04-2010-2731 RATH HARPER & ASSOCIATES,

INC., DBA RIVERPLACEAPARTMENTS


7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED IN TAMPA, FL. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 17, 2008,RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFRPART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AN LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2) A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEADPAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINTIN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR AND 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING, AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BYTHE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 4 LEASES. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENTFAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 4 LEASES. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 3 LEASES.





Summary

7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED IN TAMPA, FL. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 17, 2008,RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFRPART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AN LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2) A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEADPAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINTIN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR AND 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING, AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BYTHE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 4 LEASES. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENTFAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 4 LEASES. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 3 LEASES.





Summary

7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $680, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: RESPONDENT IS A LESSOR OF RESIDENTIAL HOUSING LOCATED IN TAMPA, FL. BASED ON INFO OBTAINED BY EPA ON OR ABOUT JAN 17, 2008,RELATING TO RESPONDENT'S CONTRACTS TO LEASE ITS TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED TSCA SEC 409 AND 40 CFRPART 745, SUBPART F, AS FOLLOWS: A. PURSUANT TO 40 CFR 745.107(a)(1), A LESSOR SHALL PROVIDE THE LESSEE AN EPA-APPROVED LEAD HAZARD INFO PAMPHLET BEFORE THELESSEE IS OBLIGATED UNDER ANY CONTRACT TO LEASE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE LESSEE AN EPA-APPROVEDPAMPHLET IN AN LEAST ONE LEASE. B. PURSUANT TO 40 CFR 745.107(a)(2) A LESSOR SHALL DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEADPAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO DISCLOSE TO THE LESSEE THE PRESENCE OF ANY KNOWN LEAD-BASED PAINTIN AT LEAST ONE LEASE. C. PURSUANT TO 40 CFR AND 745.107(a)(3), A LESSOR SHALL DISCLOSE TO EACH AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING, AND THE EXISTENCE OF ANY AVAILABLE RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT. RESPONDENT FAILED TO DISCLOSE TO THE AGENT THE PRESENCE OF ANY KNOWN LEAD-BASED PAINT AND THE EXISTENCE OF ANYRECORDS OR REPORTS IN AT LEAST ONE LEASE. D. PURSUANT TO 40 CFR 745.107(a)(4), A LESSOR SHALL PROVIDE TO THE LESSEE ANY RECORDS OR REPORTS AVAILABLE TO THE LESSORPERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING. RESPONDENT FAILED TO PROVIDE TO THELESSEE ANY RECORDS OR REPORTS IN AT LEAST ONE LEASE. E. PURSUANT TO 40 CFR 745.113(b)(1), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE THE LEAD WARNING STATEMENT.RESPONDENT FAILED TO INCLUDE AN APPROPRIATE STATEMENT IN AT LEAST ONE LEASE. F. PURSUANT TO 40 CFR 745.113(b)(2), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT DISCLOSING THE PRESENCE OFKNOWN LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING LEASED, OR A STATEMENT INDICATING NOKNOWLEDGE OF THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO INCLUDE AN APPROPRIATESTATEMENT IN AT LEAST ONE LEASE. G. PURSUANT TO 40 CFR 745.113(b)(3), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A LIST OF ANY RECORDS OR REPORTSAVAILABLE TO THE LESSOR THAT PERTAIN TO LEAD HAZARD INFO OR AN INDICATION THAT NO SUCH LIST EXISTS. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST ONE LEASE. PURSUANT TO 40 CFR 745.113(b)(4), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE A STATEMENT BYTHE LESSEE AFFIRMING RECEIPT OF THE INFO. RESPONDENT FAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 4 LEASES. I. PURSUANT TO 40 CFR 745.113(b)(5), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE A STATEMENT BY THE ONE OR MORE AGENTSINVOLVED IN THE TRANSACTION TO LEASE TARGET HOUSING THAT THE AGENT IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENTFAILED TO INCLUDE THE APPROPRIATE INFO IN AT LEAST 4 LEASES. J. PURSUANT TO 40 CFR 745.113(b)(6), EACH CONTRACT TO LEASE TARGET HOUSING SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURESOF THE LESSOR, AGENT, AND LESSEE CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TOINCLUDE THE APPROPRIATE INFO IN AT LEAST 3 LEASES.04-2010-2906 EUREKA FOUNDRY 06/04/2010 TSCA 16 Action For Penalty6/4/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,200, PLUS INTEREST, WHICH SHALL BE PAID IN 3 PAYMENTS. THEFIRST PAYMENT OF $400 SHALL BE PAID WITHIN 30 DAYS. THE SECOND PAYMENT OF $402.63, SHALL BE MADE NO LATER THAN 9/15/10. THEPAYMENT PAYMENT OF $401.32 SHALL BE MADE NO LATER THAN 1/15/11. ALLEGATIONS: ON JAN 27, 2009, AN INSPECTION WAS CONDUCTED BY REPRESENTATIVES OF THE TN DEPT OF ENVIRONMENT AND CONSERVATION (TDEC) ATRESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER TSCA SECTION 6(e) PERTAINING TO PCBs.DURING THE INSPECTION, TDEC OBSERVED THAT RESPONDENT WAS STORING A GENERAL ELECTRIC TRANSFORMER THAT WAS DISCONNECTEDAND HAD BEEN IN STORAGE FOR LONGER THAN 5 YEARS. THE TRANSFORMER WAS FOUND TO CONTAIN 117.6 PPM PCBs. OTHER PCB ITEMS AT THEFACILITY INCLUDED IN-USE CAPACITORS, WHICH ARE LOCATED IN A ROOM BELOW THE FURNACE. PURSUANT TO 40 CFR 761.65(a)(1), PCB WASTESHALL BE DISPOSED OF AS REQUIRED WITHIN ONE YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE. THE GE TRANSFORMER WASNOT DISPOSED OF WITHIN 1 YEAR. PURSUANT TO 40 CFR 761.40, PCB CAPACITORS SHALL BE MARKED WITH THE ML MARKING ILLUSTRATED IN 40CFR 761.45(a). THE IN-USE CAPACITORS AND THE BUILDING HOUSING THE FURNACE WERE NOT MARKED AS REQUIRED.04-2010-2907 GUNTERSVILLE ELECTRIC

BOARD08/03/2010 TSCA 16 Action For Penalty

8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $994. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT FAILED TO INSPECT ITS PCB STORAGE FOR DISPOSAL AREA EVERY THIRTY (30) DAYS. IN VIOLATION OF 40 CFR SECTION 761.65(c)(5).04-2010-2953 CATOE'S WELDING &

FABRICATION, INC.08/03/2010 EPCRA 325 Action For Penalty

8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,900. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR CARBON STEEL AND STAINLESSSTEEL TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BYMARCH 1 OF THE YEAR FOLLOWING THE CALENDAR YEAR FOR WHICH A REPORT WAS REQUIRED. IN VIOLATION OF EPCRA SECTION 312.





Summary04-2010-3001 SANI-CARE SALON

PRODUCTS, INC.12/01/2009 FIFRA 14A Action For Penalty

12/1/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $900. ORDER ALLEGES: RESPONDENT OFFERED FOR SALE"SANI SOFT ULTRA" AN UNREGISTERED PESTICIDE ON ITS WEB SITE. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). AT THE TIME OF INSPECTION, THERESPONDENT HAD FAILED TO MAKE THE LABELING CHANGES TO THE "SANI-SPA DISINFECTANT TABLETS, "EPA REGISTRATION NUMBER 75562-1LABEL AS REQUIRED BY EPA'S CONDITIONAL REGISTRATION NOTICE DATED OCTOBER 24, 2005. IN PARTICULAR, RESPONDENT FAILED TO REVISETHE LABEL BY CHANGING THE "KILLS" TO "CONTROLS". IN VIOLATION OF FIFRA SECTION 12(a)(1)(E).04-2010-3003 HARRELL'S, LLC 02/11/2010 FIFRA 14A Action For Penalty2/11/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,190. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: AT THE TIME OF THE INSPECTION, THE "HARRELL'S TURF FERTILIZER WITH RONSTAR 0.95", WAS OBSERVED AT THEFACILITY. THIS PRODUCT IS A MIXTURE OF A FERTILIZER AND "RONSTAR 0.95," AN EPA REGISTERED PESTICIDE ASSIGNED EPA REGISTRATION NO.52287-1. BASED ON THE EVIDENCE FROM THE INSPECTION, EPA HAS DETERMINED THAT THE END-USE PRODUCT LABELING FOR RONSTAR 0.95INCLUDED WITH THE BLEND FAILED TO MEET THE LABELING REQUIREMENTS PURSUANT TO 40 CFR SECTION 156, IN THAT IT FAILED TO BEARCOMPLETE DIRECTIONS FOR USE STATEMENTS. SINCE RESPONDENT DID NOT COMPLY WITH THE SCOPE OF THE CUSTOM BLENDERREQUIREMENTS FOUND AT 40 CFR SECTION 167, THE BLEND OF A FERTILIZER AND AN EPA REGISTERED PESTICIDE IS REQUIRED TO BEREGISTERED AS A PESTICIDE. "HARRELL'S TURF FERTILIZER WITH RONSTAR 0.95" IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7.U.S.CSECTION 136(u). RESPONDENT DISTRIBUTED AND SOLD THE PESTICIDE ON AT LEAST ONE OCCASION. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).AT THE TIME OF INSPECTION, THE HARRELL'S TURF WITH BARRICADE .30," WAS OBSERVED AT THE FACILITY. THIS PRODUCT IS A MIXTURE OF AFERTILIZER AND "BARRICADE .30," AN EPA REGISTERED PESTICIDE ASSIGNED EPA REGISTRATION NO. 8660-162. BASED ON THE EVIDENCE FROMTHE INSPECTION, EPA HAS DETERMINED THAT THE END-USE PRODUCT LABELING FOR BARRICADE .30 INCLUDED WITH THE BLEND FAILED TO MEETTHE LABELING REQUIREMENTS PURSUANT TO 40 CFR SECTION 156, IN THAT IT FAILED TO BEAR COMPLETE DIRECTIONS FOR USE STATEMENTS.SINCE RESPONDENT DID NOT COMPLY WITH THE SCOPE OF THE CUSTOM BLENDER REQUIREMENTS FOUND AT 40 CFR SECTION 167, THE BLEND OFA FERTILIZER AND AN EPA REGISTERED PESTICIDE IS REQUIRED TO BE A REGISTERED AS A PESTICIDE. "HARRELL'S TURF WITH BARRICADE .30," ISA PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, 7 U.S.C. SECTION 136(u). RESPONDENT DISTRIBUTED AND SOLD THE PESTICIDE ON AT LEASTONE OCCASION. IN VIOLATION OF FIFRA SECTION 12(a)(1)(A).04-2010-3004 AMISTAD HARDWARE CORP. 12/15/2009 FIFRA 14A Action For Penalty





Summary12/15/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,300. FOUR PAYMENTS WILL BE MADE TO COMPLETE PAYMENTOF THE ENTIRE CIVIL PENALTY, INCLUDING INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. SUBSEQUENT PAYMENTS WILL BE DUE IN 90DAY INTERVALS THEREAFTER. ON OR ABOUT JAN 18, 2007, EPA CONDUCTED AN INSPECTION AT AMISTAD HARDWARE dba VELASCO'S HARDWARE #3, LOCATED AT 9881 NORTHKENDALL DRIVE, MIAMI, FL. DURING THE INSPECTION, "VELASCO'S HARDWARE #3 CHLORINATING SOLUTION," WAS IDENTIFIED AS BEINGREPACKAGED, SOLD AND DISTRIBUTED BY RESPONDENT. THE LABEL ALSO INCLUDED "EPA REGISTRATION NUMBER 33458-20002-45664. THEPRODUCT REGISTRATION NUMBER WAS CANCELLED ON OCT 24, 2003 AND HAS NOT BEEN RE-REGISTERED. ACCORDING TO FIFRA 12(a)(1)(A), IT ISUNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT IS UNREGISTERED. RESPONDENT VIOLATED FIFRA SEC12(a)(1)(A). AT THE TIME OF THE INSPECTION, RESPONDENT PRODUCED THE PESTICIDE "VELASCO'S HARDWARE #3 CHLORINATING SOLUTION" IN ANESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. ACCORDING TOSECTION 12(a)(2)(L) OF FIFRA, IT IS UNLAWFUL TO PRODUCE A PESTICIDE IN ANY STATE UNLESS THE ESTABLISHMENT IS REGISTERED WITH THEADMINISTRATOR OF EPA. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L). 04-2010-3005 ZEP, INC. 12/04/2009 FIFRA 14A Action For Penalty12/4/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,000. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: ON OR ABOUT MAY 7, 2008, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION OF RESPONDENT'S FACILITY. DURING THEAFOREMENTIONED INSPECTION, THE INSPECTOR COLLECTED A PHYSICAL SAMPLE OF "STX-100," EPA REG. 491-321, WHICH IS PRODUCED BYRESPONDENT. "STX-100" IS A PESTICIDE AS DEFINED IN SECTION 2(u)OF FIFRA,7 U.S.C SECTION 136(u), WHICH INCLUDES ANY SUBSTANCE ORMIXTURE OF SUBSTANCES INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. THE REGISTRATIION DOCUMENTSACCEPTED BY EPA FOR "STX-100" STATE THAT IT CONTAINS 4.25% OF THE ACTIVE INGREDIENT, DIDECYL DIMETHYL AMMONIUM CHLORIDE. ASAMPLE OF "STX-100" COLLECTED DURING THE AFOREMENTIONED INSPECTION WAS ANALYZED USING THE FERRICYANIDE TITRATION METHOD ANDFOUND TO CONTAIN 3.64% OF THE ACTIVE INGREDIENT. SECTION 12(a)(1)(C) OF FIFRA, 7 U.S.C SECTION 136j(a)(1)(C), STATES THAT IT SHALL BEUNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY REGISTERED PESTICIDE THE COMPOSITION OF WHICHDIFFERS AT THE TIME OF ITS DISTRIBUTION OR SALE FROM ITS COMPOSITION AS DESCRIBED IN THE STATEMENT REQUIRED IN CONNECTION WITHITS REGISTRATION UNDER SECTION 3. THE LABEL ON "STX-100," AS PACKAGED WHEN OFFERED FOR SALE AT THE FACILITY WAS FALSE AND MISLEADING REGARDING ITS CONTROL OFSTAPHYLOCOCCUS AUREAUS, WHEN USED ACCORDING TO LABEL DIRECTIONS AS A ONE STEP HOSPITAL DISINFECTANT FOR A CONTACT TIME OF10 MINUTES. UNDER SECTION 12(a)(1)(E) OF FIFRA, 7 U.S.C SECTION 136j(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTEOR SELL A PESTICIDE WHICH IS MISBRANDED.





Summary04-2010-3006 MYTECH CHEMICALS, INC. 06/03/2010 FIFRA 14A Action For Penalty6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7990 (PLUS INTEREST). EIGHT PAYMENTS WILL BE MADE TOCOMPLETE PAYMENT. THE FIRST PAYMENT ($1032.75) IS DUE WITHIN 30 DAY AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAYS INTERVALSTHEREAFTER (EACH $1032.75). SPECIFIC ALLEGATIONS: ON OR ABOUT JAN 26, 2009, EPA CONDUCTED AN INSPECTION AT MYTECH CHEMICAL, INC. DURING THE INSPECTION 'MYKROSTAT A-100" AND"MYKROSTAT A5 (PPG-425)" WRE IDENTIFIED AS BEING SOLD AND DISTRIBUTED BY RESPONDENT. THESE PRODUCTS ARE PESTICIDES AS DEFINED IN SECTION 2(u) OF FIFRA. RESPONDENT DISTRIBUTES OR SELLS PESTICIDES. AT THE TIME OF THE INSPECTION, "MYKROSTAT A-100" WAS MISBRANDED IN THAT THE LABEL DID NOT CONTAIN THE REGISTRATION NUMBERASSIGNED TO THE PESTICIDE -- IN VIOLATION OF FIFRA SECTION 12(a)(1)(E). AT THE TIME OF THE INSPECTION, "MYKROSTAT A5 (PPG-425)" HAD PHRASES ON THE PRODUCT'S LABEL WHICH EPA CONSIDERS TO BE PESTICIDALCLAIMS, AND THE PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA -- IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). 04-2010-3007 ROBBINS ASSOCIATION/

IRRIGATION-MART, INC.01/26/2010 FIFRA 14A Action For Penalty





Summary1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $12,750, DUE WITHIN 30 DAYS. RESPONDENT ORDERED THETREATED WOODEN TOMATO STAKES FROM QUALITY EXPORT IN TEGUCIPALPA, HONDURAS. THE TREATED STAKES WERE IMPORTED INTO THE U.S.ON OR ABOUT JAN 14, 2009. RESPONDENT IS LISTED AS THE CONSIGNEE OF RECORD FOR THE IMPORTED TREATED STAKES. THE STAKES WERECOMPOSED OF WOOD THAT WAS 1 INCH THICK AND 1 INCH WIDE AND TREATED WITH THE WOOD PRESERVATIVE CHROMATED COPPER ARSENATE(CCA). SUBSEQUENT TO JAN 1, 2004, THE LABELS ON CCA PRODUCTS REGISTERED IN THE U.S. BEAR DIRECTIONS FOR USE AS A WOODPRESERVATIVE TREATMENT ON SPECIFIC CATEGORIES OF FOREST PRODUCTS, WHICH DO NOT INCLUDE 1-INCH-BY-ONE-INCH WOOD UNDER THEAMERICAN WOOD PROTECTION ASSOCIATION (AWPA) C16 STANDARD, WOOD USED ON FARMS - PRESERVATIVE TREATMENT BY PRESSUREPROCESSES. EPA'S CCA GUIDANCE SPECIFICALLY EXCLUDES TOMATO STAKES FROM TREATMENT WITH CCA WOOD PRESERVATIVES UNDER THE AWPA C16STANDARD. NO OTHER AWPA STANDARD PERMITS THE USE OF CCA WOOD PRESERVATIVES ON TOMATO STAKES. WHEN CCA WOODPRESERVATIVES ARE APPLIED TO PROTECT THE WOOD AGAINST INSECT OR FUNGUS INFECTATION IN ACCORDANCE WITH LABEL INSTRUCTIONS,THE FOREST PRODUCT IN CONSIDERED A "TREATED ARTICLE" AND THE PRODUCT IS EXEMPT FROM THE REQUIREMENTS OF FIFRA. THE STAKES ARE NOT ELIGIBLE FOR THE TREATED ARTICLE EXEMPTION BECAUSE THE USE OF CCA ON TOMATO STAKES IS NOT AUTHORIZED BYTHE LABEL ON CCA PRODUCTS REGISTERED FOR USE IN THE U.S. SINCE THE STAKES DO NOT MEET THE TREATED ARTICLE EXEMPTION, THEY ARE CONSIDERED PESTICIDES. RESPONDENT DID NOT REGISTER THE STAKES AS A PESTICIDE WITH THE ADMINISTRATOR PRIOR TO THE SALE OR DISTRIBUTION, IN VIOLATION OFFIFRA SEC 12(a)(1)(A). RESPONDENT IMPORTED CCA-TREATED STAKES WITHOUT FILING A NOTICE OF ARRIVAL OF PESTICDES AND DEVICES WITH THE ADMINISTRATOROF EPA, IN VIOLATION OF FIFRA SECTION 12(a)(2)(N). 04-2010-3008 ENVIROFOAM TECHNOLOGIES,

INC.04/06/2010 FIFRA 14A Action For Penalty





Summary4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $$6,963. EIGHT PAYMENTS WILL BE MADE TO COMPLETE PAYMENTOF THE ENTIRE CIVIL PENALTY INCLUDING INTEREST. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90DAYS INTERVALS THEREAFTER. ON OR ABOUT 4/29/08, EPA CONDUCTED AN INSPECTION AT ENVIROFOAM TECHNOLOGIES, INC., HUNTSVILLE, AL. DURING THE INSPECTION, "EFTEASY DECON IV, "EPA REG. NO. 74436-2; "EFT EASY DECON IAQ," EPA REG. NO. 74436-2; AND "EFT CRYSTAL CLEAR, " EPA REG. NO. 74436-2, WEREIDENTIFIED AS BEING SOLD AND DISTRIBUTED BY RESPONDENT. AT THE TIME OF THE INSPECTION THE LABEL ON "EFT EASY DECON IV, "EPA REG. NO. 74436-1," WAS MISBRANDED IN THAT IT BORE DIRECTION FORUSE FOR FOGGING AND MISTING APPLICATIONS WHICH ARE NOT INCLUDED ON THE EPA ACCEPTED LABEL FOR THIS PESTICIDE. AT THE TIME OF THE INSPECTION THE LABEL ON "EFT EASY DECON IV, "EPA REG. NO. 74436-1, " WAS MISBRANDED IN THAT IT BORE TWO DIFFERENTEPA REGISTRATION NUMBERS, INCLUDING THE CORRECT NUMBER EPA REG. NO. 74436-1 AND THE INCORRECT EPA REG. NO. 74436-2. AT THE TIME OF THE INSPECTION THE LABEL ON "EFT CRYSTAL CLEAR, EPA REG. NO. 74436-2," WAS MISBRANDED IN THAT THE LABEL BORE TWODIFFERENT EPA REGISTRATION NUMBERS, INCLUDING THE CORRECT EPA REG. NO. 74436-2 AND THE INCORRECT EPA REG. NO. 74436-1. AT THE TIME OF THE INSPECTION THE LABEL ON "EFT EASY DECON IAQ, "EPA REG. NO. 74436-2," WAS MISBRANDED IN THAT THE LABEL BORE TWOEPA REGISTRATION NUMBERS, INCLUDING THE CORRECT EPA REG. NO. 74436-2 AND THE INCORRECT EPA REG. NO. 74436-1. ACCORDING TO SECTION 2(q)(1)(A) OF FIFRA, A PESTICDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHISREPRESENTATION RELATIVE THERETO OR TO ITS INGREDIENTS WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. ACCORDING TO SECTION 12(a)(1)(E) OF FIFRA, IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANYPESTICIDE WHICH IS MISBRANDED. RESPONDENT VIOLATED FIFRA SECTION 12(a)(1)(E) ON AT LEAST 3 OCCASIONS.04-2010-3009 FLOWTRONEX PSI, INC. 02/05/2010 FIFRA 14A Action For Penalty2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: SUBMITTAL OF THE ANNUAL REPORT OF PESTICIDAL DEVICE PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON ORBEFORE MARCH 1, 2009. RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009.04-2010-3010 A.F.G. WIPES, INC. 01/26/2010 FIFRA 14A Action For Penalty1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880, DUE WITHIN 30 DAYS. SUBMITTAL OF THE ANNUAL REPORT OFPESTICIDE- PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON OR BEFORE MARCH 1, 2009. RESPONDENT FAILED TO SUBMIT THE ANNUALREPORT ON OR BEFORE MARCH 1, 2009 - IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).





Summary04-2010-3011 CHANGING PARADIGMS, LLC 02/25/2010 FIFRA 14A Action For Penalty2/25/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880, DUE WITHIN 30 DAYS. SUBMITTAL OF THE ANNUAL REPORT OF PESTICIDE-PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON OR BEFORE MARCH 1, 2009.RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009; IN VIOLATION FIFRA SEC 12(a)(2)(L). 04-2010-3012 SONOCO CORRFLEX DISPLAY

& PACKAGING02/05/2010 FIFRA 14A Action For Penalty

2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880. ORDER ALLEGES: RESPONDENT FAILED TO SUBMITTHE ANNUAL REPORT OF PESTICIDE-PRODUCTION ON OR BEFORE MARCH 1, 2009.04-2010-3013 INNOSPEC ACTIVE CHEMICALS 01/26/2010 FIFRA 14A Action For Penalty1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009. THEREFORE, RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L).04-2010-3014 HAILEAH POOL SERVICE, INC. 01/26/2010 FIFRA 14A Action For Penalty1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009. THEREFORE, RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L).04-2010-3015 METRO SUPPLY CO. 01/26/2010 FIFRA 14A Action For Penalty1/26/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $500 DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009. THEREFORE RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L).04-2010-3016 LAPURE WATER PRODUCTS 01/26/2010 FIFRA 14A Action For Penalty1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $500, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009. THEREFORE RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L). 04-2010-3017 CHEMICAL PRODUCTS &

SYSTEMS, INC.02/05/2010 FIFRA 14A Action For Penalty

2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT THE ANNUAL PESTICIDE-PRODUCTION REPORT ON OR BEFORE MARCH 1, 2009. INVIOLATION OF FIFRA SECTION 12(a)(2)(L).04-2010-3018 ZIMEK TECHNOLOGIES, LLC 01/26/2010 FIFRA 14A Action For Penalty





Summary1/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880, DUE WITHIN 30 DAYS. RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009. THEREFORE, RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L).04-2010-3019 SUWANNEE LUMBER

COMPANY02/05/2010 FIFRA 14A Action For Penalty

2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED,ZERO PENALTY ASSESSED. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT THEANNUAL REPORT ON OR BEFORE MARCH 1, 2009. IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).04-2010-3020 THEOCHEM/TIME PRODUCTS 02/05/2010 FIFRA 14A Action For Penalty2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880. ORDER ALLEGES: RESPONDENT FAILED TO SUBMITTHE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009. IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).04-2010-3021 COAST PUMP & SUPPLY CO.,


2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESING A ZERO PENALTY. ORDER ALLEGES: SUBMITTAL OF THE ANNUAL REPORTOF PESTICIDE-PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON OR BEFORE MARCH 1, 2009. RESPONDENT FAILED TO SUBMIT THE ANNUALREPORT ON OR BEFORE MARCH 1, 2009. IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).04-2010-3022 BRANDT CONSOLIDATED, INC.

D/B/A AGRA CHEM SALES CO.02/05/2010 FIFRA 14A Action For Penalty

2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESING A PENALTY OF $1,320. ORDER ALLEGES: SUBMITTAL OF THE ANNUALREPORT OF PESTICIDE-PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON OR BEFORE MARCH 1, 2009. RESPONDENT FAILED TO SUBMIT THEANNUAL REPORT ON OR BEFORE MARCH 1, 2009. IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).04-2010-3023 ROSCOE'S POOL AND SPA,

LLC02/05/2010 FIFRA 14A Action For Penalty

2/5/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $900. ORDER ALLEGES: AT THE TIME OF THE INSPECTION,THE REGISTRATION NUMBER APPEARING ON THE LABEL FOR "AQUA GUARD CHLORINATING SANITIZER," REGISTRATION NUMBER 33458-23-81303,WAS FALSE. THE LABEL WAS FALSE IN THAT THERE WAS NO SUPPLEMENTAL DISTRIBUTOR AGREEMENT BETWEEN THE RESPONDENT AND THEREGISTRANT OF THE PRODUCT IN ACCORDANCE WITH 40 40 CFR SECTION 152.132. UNDER SECTION 12(a)(1)(E) OF FIFRA, U.S.C. SECTION 136j(a)(1)(E), ON AT LEAST ONE OCCASION.04-2010-3025 CARIBBEAN SUPERCENTER,


5/26/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,000, PLUS INTEREST, DUE IN 4 QTRLY INSTALLMENTS. FIRSTPAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT MAR 14, 2007, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S RETAIL FACILITY. THE INSPECTION REVEALED THAT THEFOLLOWING PRODUCTS WERE IDENTIFIED AS BEING OFFERED FOR SALE BY RESPONDENT: ORIGINAL KING PINE CONCENTRATED DISINFECTANT; ROYALTY BLACK DISINFECTANT; HARPIC POWERONS GEL. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT ISNOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A). THE PRODUCTS WERE MISBRANDED AS THE TERM IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE, AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE; E. THE ORIGINAL KING PINE CONCENTRATED DISINFECTANT LABEL ALSO CONTAINED THE STATEMENT "EPA ESTABLISHMENT NUMBER 62644-OH-1"WHICH IS FALSE AND MISLEADING IN THAT THE NUMBER IS INACTIVATED. ACCORDING TO FIFRA SEC 12(a)(1)(E) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH ISMISBRANDED. THE MAR 14, 2007, INSPECTION REVEALED THAT THE FOLLOWING PRODUCTS WERE ALSO IDENTIFIED AS BEING OFFERED FOR SALE BYRESPONDENT: FISH MOSQUITO DESTROYER; BOP INSECTICIDE SPRAY; BAYGON AEROSOL AGAINST FLYING AND CRAWLING INSECTS. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT ITIS NOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. THE PRODUCTS WERE MISBRANDED AS THE TERMS IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR EPA REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE. ACCORDING TO FIFRA SEC 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH ISMISBRANDED. THE PRODUCTS WERE IMPORTED FROM TRINIDAD AND OFFERED FOR SALE BY RESPONDENT. REPONDENT IMPORTED THE PRODUCTS WITHOUT FILING A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES WITH THE ADMINISTRATOR OF EPA. SECTION 12(a)(2)(N) STATE THAT IT IS UNLAWFUL FOR A REGISTRANT, WHOLESALER, DEALER, RETAILER, OR OTHER DISTRIBUTOR TO FAIL TO FILEREQUIRED REPORTS. THE NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES IS A REPORT REQUIRED BY FIFRA THAT MUST BE FILED WITH THEADMINISTRATOR OF EPA PRIOR TO THE ARRIVAL OF EACH PESTICIDE SHIPPED INTO THE U.S.





Summary

5/26/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,000, PLUS INTEREST, DUE IN 4 QTRLY INSTALLMENTS. FIRSTPAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT MAR 14, 2007, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S RETAIL FACILITY. THE INSPECTION REVEALED THAT THEFOLLOWING PRODUCTS WERE IDENTIFIED AS BEING OFFERED FOR SALE BY RESPONDENT: ORIGINAL KING PINE CONCENTRATED DISINFECTANT; ROYALTY BLACK DISINFECTANT; HARPIC POWERONS GEL. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT ISNOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A). THE PRODUCTS WERE MISBRANDED AS THE TERM IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE, AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE; E. THE ORIGINAL KING PINE CONCENTRATED DISINFECTANT LABEL ALSO CONTAINED THE STATEMENT "EPA ESTABLISHMENT NUMBER 62644-OH-1"WHICH IS FALSE AND MISLEADING IN THAT THE NUMBER IS INACTIVATED. ACCORDING TO FIFRA SEC 12(a)(1)(E) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH ISMISBRANDED. THE MAR 14, 2007, INSPECTION REVEALED THAT THE FOLLOWING PRODUCTS WERE ALSO IDENTIFIED AS BEING OFFERED FOR SALE BYRESPONDENT: FISH MOSQUITO DESTROYER; BOP INSECTICIDE SPRAY; BAYGON AEROSOL AGAINST FLYING AND CRAWLING INSECTS. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT ITIS NOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. THE PRODUCTS WERE MISBRANDED AS THE TERMS IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR EPA REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE. ACCORDING TO FIFRA SEC 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH ISMISBRANDED. THE PRODUCTS WERE IMPORTED FROM TRINIDAD AND OFFERED FOR SALE BY RESPONDENT. REPONDENT IMPORTED THE PRODUCTS WITHOUT FILING A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES WITH THE ADMINISTRATOR OF EPA. SECTION 12(a)(2)(N) STATE THAT IT IS UNLAWFUL FOR A REGISTRANT, WHOLESALER, DEALER, RETAILER, OR OTHER DISTRIBUTOR TO FAIL TO FILEREQUIRED REPORTS. THE NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES IS A REPORT REQUIRED BY FIFRA THAT MUST BE FILED WITH THEADMINISTRATOR OF EPA PRIOR TO THE ARRIVAL OF EACH PESTICIDE SHIPPED INTO THE U.S.





Summary

5/26/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,000, PLUS INTEREST, DUE IN 4 QTRLY INSTALLMENTS. FIRSTPAYMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT MAR 14, 2007, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S RETAIL FACILITY. THE INSPECTION REVEALED THAT THEFOLLOWING PRODUCTS WERE IDENTIFIED AS BEING OFFERED FOR SALE BY RESPONDENT: ORIGINAL KING PINE CONCENTRATED DISINFECTANT; ROYALTY BLACK DISINFECTANT; HARPIC POWERONS GEL. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT ISNOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A). THE PRODUCTS WERE MISBRANDED AS THE TERM IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE, AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE; E. THE ORIGINAL KING PINE CONCENTRATED DISINFECTANT LABEL ALSO CONTAINED THE STATEMENT "EPA ESTABLISHMENT NUMBER 62644-OH-1"WHICH IS FALSE AND MISLEADING IN THAT THE NUMBER IS INACTIVATED. ACCORDING TO FIFRA SEC 12(a)(1)(E) IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH ISMISBRANDED. THE MAR 14, 2007, INSPECTION REVEALED THAT THE FOLLOWING PRODUCTS WERE ALSO IDENTIFIED AS BEING OFFERED FOR SALE BYRESPONDENT: FISH MOSQUITO DESTROYER; BOP INSECTICIDE SPRAY; BAYGON AEROSOL AGAINST FLYING AND CRAWLING INSECTS. THE PRODUCTS ARE NOT REGISTERED AS PESTICIDES WITH EPA AS REQUIRED BY FIFRA SECTION 3(a). SECTION 12(a)(1)(A) STATES IN PART THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL ANY PESTICIDE THAT ITIS NOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELED OR SUSPENDED. THE PRODUCTS WERE MISBRANDED AS THE TERMS IS DEFINED IN FIFRA 2(q) IN THE FOLLOWING MANNER: A. THE LABELS FAILED TO BEAR EPA REGISTRATION AND ESTABLISHMENT NUMBERS; B. THE LABELS FAILED TO BEAR PRECAUTIONARY STATEMENTS AND SIGNAL WORDS; C. THE LABELS FAILED TO BEAR INGREDIENT, STORAGE AND DISPOSAL STATEMENTS; D. THE LABELS FAILED TO BEAR DIRECTIONS FOR USE. ACCORDING TO FIFRA SEC 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL A PESTICIDE WHICH ISMISBRANDED. THE PRODUCTS WERE IMPORTED FROM TRINIDAD AND OFFERED FOR SALE BY RESPONDENT. REPONDENT IMPORTED THE PRODUCTS WITHOUT FILING A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES WITH THE ADMINISTRATOR OF EPA. SECTION 12(a)(2)(N) STATE THAT IT IS UNLAWFUL FOR A REGISTRANT, WHOLESALER, DEALER, RETAILER, OR OTHER DISTRIBUTOR TO FAIL TO FILEREQUIRED REPORTS. THE NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES IS A REPORT REQUIRED BY FIFRA THAT MUST BE FILED WITH THEADMINISTRATOR OF EPA PRIOR TO THE ARRIVAL OF EACH PESTICIDE SHIPPED INTO THE U.S. 04-2010-3026 CRYSTAL CLEAR POOLS OF

FLORIDA03/03/2010 FIFRA 14A Action For Penalty

3/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT FAILED TO SUBMIT THE ANNUAL PESTICIDE-PRODUCTION FOR CALENDAR YEAR 2008 ON OR BEFORE MARCH1, 2009.04-2010-3027 TT&G ENTERPRISES, LLC 03/03/2010 FIFRA 14A Action For Penalty3/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880, DUE WITHIN 30 DAYS. SUBMITTAL OF THE ANNUAL REPORT OF PESTICIDE-PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON OR BEFORE MARCH 1, 2009.RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009 - IN VIOLATION OF FIFRA SECTION 12(a)(2)(L).04-2010-3028 ASSOCIATED REGISTRATIONS 03/17/2010 FIFRA 14A Action For Penalty3/17/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880 DUE WITHIN 30 DAYS. ALLEGATIONS: SUBMITTED OF THE ANNUAL REPORT OF PESTICIDE-PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON OR BEFORE MARCH 1,2009. RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009.





Summary04-2010-3030 KNOXVILLE SEED AND

GREENHOUSE SUPPLY CORP.05/26/2010 FIFRA 14A Action For Penalty

5/26/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,800, (PLUS INTEREST) DUE IN FIVE INSTALLMENT PAYMENTS.THE FIRST PAYMENT ($1,563.59) IS DUE WITHIN 30 DAYS. THE SUBSEQUENT 4 PAYMENTS SHAL BE DUE IN 30 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT APR 4, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. DURING THE INSPECTION, RID-A-BUG CONCENTRATEDHOME INSECT KILLER WAS IDENTIFIED AS BEING SOLD AND/OR DISTRIBUTED BY THE RESPONDENT. RID-A-BUG IS A PESTICIDE AS DEFINED INSECTION 2(u) OF FIFRA. RESPONDENT "DISTRIBUTES OR SELLS" PESTICIDES. PESTICIDES THAT ARE SOLD AND DISTRIBUTED IN THE U.S. AREREQUIRED TO BE REGISTERED WITH THE EPA. THE EPA REGISTRATION NUMBER FOR RID-A-BUG WAS CANCELED ON OR ABOUT SEPT 12, 2001. ATTHE TIME OF THE INSPECTION, RID-A-BUG WAS NOT REGISTERED AS A PESTICIDE WI8TH EPA. THE INSPECTOR DOCUMENTED AS LEAST TWOOFFERS FOR SALE AND/OR DISTRIBUTION OF RID-A-BUG. AS PART OF THE INVESTIGATION, THE INSPECTOR INTERVIEWED AN INDIVIDUAL WHOPURCHASED THE PRODUCT AT KNOXVILLE SEED AND GREENHOUSE SUPPLY CORP. ON OR ABOUT MARCH 16, 2008. AT THE TIME OF THE APR 4, 2008INSPECTION, THE PRODUCT WAS OFFERED FOR SALE ON DISPLAY SHELVES AT RESPONDENT'S FACILITY. UNDER FIFRA SECTION 12(a)(1)(A), IT IS UNLAWFUL FOR ANY PERSON TO DISTRIBUTE OR SELL OR ANY PESTICIDE THAT IS NOT REGISTERED UNDERFIFRA SECTION 3 OR WHICH HAS BEEN CANCELED. RESPONDENT VIOLATED FIFRA SEC 12(a)(1)(A) ON AT LEAST TWO OCCASIONS. 04-2010-3031 WELLMAN, INC. 04/06/2010 FIFRA 14A Action For Penalty4/6/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $880, DUE WITHIN 30 DAYS. SUBMITTAL OF THE ANNUAL REPORT OF PESTICIDE PRODUCTION FOR CALENDAR YEAR 2008 WAS DUE ON OR BEFORE MARCH 2, 1009.RESPONDENT FAILED TO SUBMIT THE ANNUAL REPORT ON OR BEFORE MARCH 1, 2009.04-2010-3032 B & L ACE HARDWARE 05/04/2010 FIFRA 14A Action For Penalty5/4/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,790. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: AT THE TIME OF THE INSPECTION (ON OR ABOUT OCTOBER 1, 2008), THE REGISTRATION NUMBER APPEARING ON THE LABEL FOR "B & LCHLORINATING SOLUTION," WAS FALSE. THE LABEL WAS FALSE IN THAT THE RESPONDENT FAILED TO MAKE THE LABELING CHANGE TO BEAR THECORRECT EPA REGISTRATION NUMBER 33458-23-64809. UNDER 12(a)(1)(E) OF FIFRA, 7 U.S.C. 136j(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANYSTATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS MISBRANDED. 04-2010-3033 NO MORE FLEAS PLEASE, INC. 05/04/2010 FIFRA 14A Action For Penalty





Summary5/4/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: ON OR ABOUT DECEMBER 18, 2009, AN INSPECTOR, DULY APPOINTED BY THE EPA ADMINISTRATOR, REVIEWED RESPONDENT'S WEBSITEWWW.NOMOREFLEASPLEASE.COM. DURING THE AFOREMENTIONED REVIEW, THE INSPECTOR OBSERVED THE REGISTERED PESTICIDE "FRONTLINEPLUS" OFFERED FOR SALE AS "3 MONTH FRONTLINE PLUS/EPA NO BOX" IN VARIOUS SIZES DESCRIBED AS "ONE HALF OF A 6 PACK." THESEPRODUCTS ARE NOT SOLD IN THEIR COMPLETE ORIGINAL PACKAGING. AT THE TIME OF THE INSPECTION, THE "3 MONTH FRONTLINE PLUS/EPA NO BOX" IN VARIOUS WERE OFFERED FOR SALE BY RESPONDENT. AT THEOF THE INSPECTION, THE "3 MONTH FRONTLINE PLUS/EPA NO BOX" IN VARIOUS SIZES WERE NOT REGISTERED AS PESTICIDES WITH EPA.RESPONDENT VIOLATED SECTION 12(a)(1)(A). "THE KITS" AND THE "3 MONTH FRONTLINE PLUS/EPA NO BOX" WERE MISBRANDED IN THAT THE WEBSITE LABELING CONTAINED A GRAPHICREPRESENTING EPA, WHICH DIRECTLY OR INDIRECTLY IMPLIES RECOMMENDATION OR ENDORSEMENT BY AN AGENCY OF THE FEDERALGOVERNMENT. RESPONDENT VIOLATED SECTION 12(a)(1)(E). AT THE TIME OF THE INSPECTIONS, RESPONDENT PRODUCED PESTICIDES IN AN ESTABLISHMENT THAT WAS NOT REGISTERED WITH THEADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCTING ESTABLISHMENT. RESPONDENT VIOLATED SECTION 12(a)(2)(L). 04-2010-3034 WACON TECHNICAL

SERVICES, INC.05/25/2010 FIFRA 14A Action For Penalty





Summary5/25/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $5,850, DUE IN 4 INSTALLMENT PAYMENTS ($1,471.65). THE FIRSTPAYMENT IS DUE IN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT JAN 9, 2007, EPA CONDUCTED AN INSPECTION AT WACON TECHNICAL SERVICES. DURING THE INSPECTION, "SDA 13 WAS IDENTIFIEDAS BEING REPACKAGED, SOLD, AND DISTRIBUTED BY THE RESPONDENT. THE LABEL INCLUDED EPA REGISTRATION NUMBER 148-1288-48130. AT THE TIME OF THE INSPECTION, THE "SDA 13" LABEL WAS MISBRANDED IN THAT THE FINAL PRINTED LABELING WAS NOT QUALIFIED BYAPPROPRIATE WORDING SUCH AS "PACKED FOR," "DISTRIBUTED BY," OR "SOLD BY," AFTER THE NAME OF THE PERSON FOR WHOM THE PESTICIDEWAS PRODUCED TO SHOW THAT THE NAME WAS NOT THAT OF THE PRODUCER IN ACCORDANCE WITH 40 CFR 156.10(c), A REGULATIONPROMULGATED PURSUANT TO FIFRA. PURSUANT TO FIFRA SEC 2(q)(1)(A), A PESTICIDE IS MISBRANDED IF ITS LABEL IS FALSE OR MISLEADING IN ANY PARTICULAR. UNDER FIFRA SEC 12(a)(1)(E), IT IS UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH ISMISBRANDED. 04-2010-3036 ACE HOME AND GARDEN

CENTER OF BAY COUNTY, LLC06/03/2010 FIFRA 14A Action For Penalty

3/6/10 -- CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,250, (PLUS INTEREST) DUE IN FOUR INSTALLMENT PAYMENTS.THE FIRST PAYMENT ($314.46) IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS ($314.46) WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. SPECIFIC ALLEGATIONS: ON OR ABOUT JULY 21, 2008, EPA CONDUCTED AN INSPECTION AT ACE HOME AND GARDEN CENTER OF BAY COUNTY, LLC. DURING THEINSPECTION, "AQUA GUARD CHLORINATING SANITIZER" WAS IDENTIFIED AS REPACKAGED, SOLD AND DISTRIBUTED BY RESPONDENT. THE "AQUA GUARD CHLORINATING SANITIZER" LABEL WAS MISBRANDED IN THAT THE FINAL PRINTED LABELING FAILED TO BEAR LEGIBLE WORDS,STATEMENTS, OR OTHER INFO THAT WOULD MAKE IT READABLE OR UNDERSTANDABLE, REQUIRED BY FIFRA. 04-2010-3039 DANISE & ASSOCIATES, INC. 06/09/2010 FIFRA 14A Action For Penalty





Summary6/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,070, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT MAY 28, 2009, EPA CONDUCTED AN INSPECTION AT DANISE & ASSOCIATES. DURING THE INSPECTION "BUG BARRIER TREE BAND WAS IDENTIFIED AS BEING SOLD AND DISTRIBUTED BY RESPONDENT. THE INSPECTOR DOCUMENTED AT LEAST ONE CONTAINER OF "BUG BARRIER TREE BAND" THAT WAS IMPORTED BY THE RESPONDENT, OFFEREDFOR SALE AND PACKAGED, LABELED, AND RELEASED FOR SHIPMENT. THE LABEL OF "BUG BARRIER TREE BAND FAILED TO BEAR THE EPA ESTABLISHENT NUMBER OF THE ESTABLISHMENT IN WHICH IT WAS PRODUCED. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(L) BY PRODUCING A DEVICE IN AN UNREGISTERED ESTABLISHMENT ON AT LEAST ONE OCCASION.04-2010-3041 JUSTNEEM, LLC 07/09/2010 FIFRA 14A Action For Penalty7/9/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: AT THE TIME OF INSPECTION (9/15/2009)"JUSTNEEM ADIOS MOSQUITOS NEEM REPELLANT," WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA.IN VIOLATION OF FIFRA SECTION 12(a)(1)(A). AT THE TIME OF INSPECTION (9/15/2009) RESPONDENT PRODUCED THE PESTICIDE "JUSTNEEM ADIOS MOSQUITOS NEEM REPELLANT," IN ANESTABLISHMENT THAT WAS NOT REGISTERED WITH THE ADMINISTRATOR OF EPA AS A PESTICIDE-PRODUCING ESTABLISHMENT. IN VIOLATION OFFIFRA SECTION 12(a)(2)(L).04-2010-3443 NO MORE FLEAS PLEASE, INC. 01/10/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal





Summary1/10/10 - STOP SALE, USE OR REMOVAL ORDER ISSUED. RESPONDENT OPERATES A FACILITY IN CHARLOTTE, NC, AND SELLS THE PRODUCTS VIATHE INTERNET. ON OR ABOUT OCT 21, 2008, AN EPA INSPECTOR INSPECTED RESPONDENT'S FACILITY AND WEBSITE. DURING THE INSPECTION, THEINSPECTOR REVIEWED VARIOUS SIZES OF KITS CONTAINING THE LARGEST AVAILABLE DOSE OF ONE OF THE FOLLOWING EPA REGISTEREDPESTICIDES: FRONTLINE PLUS, ADVANTAGE, OR KY ADVANTIX, PACKAGED WITH A SYRINGE, GLASS VIAL, AND INSTRUCTIONS TO USE THE AMOUNTINTENDED AS A SINGLE DOSE FOR A LARGE DOG AS MULTIPLE DOSES FOR SMALLER ANIMALS. THESE PRODUCTS ARE HEREINAFTER REFERREDTO AS "THE KITS." THE KITS WERE OFFERED FOR SALE BY RESPONDENTS. AT THE TIME OF THE INSPECTION, THE KITS WERE NOT REGISTERED ASPESTICIDES WITH EPA. FIFRA SEC 12(a)(1)(A) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TOANY PERSON A PESTICIDE THAT IS NOT REGISTERED BY EPA. FIFRA SEC 2(q) STATES A PESTICIDE IS MISBRANDED WHEN ITS LABELING BEARS ANYSTATEMENT, DESIGN, OR GRAPHIS REPRESENTATION WHICH IS FALSE OR MISLEADING IN ANY PARTICULAR. THE KITS WERE MISBRANDED IN THATTHE WEBSITE LABELING CONTAINED A GRAPHIC REPRESENTING EPA, WHICH DIRECTLY OR INDIRECTLY IMPLIES RECOMMENDATION ORENDORSEMENT BY AN AGENCY OF THE FED GOV'T. FIFRA SEC 12(a)(1)(E) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TODISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED OR MISBRANDED. ON OR ABOUT DEC 18, 2009, AN EPA INSPECTORINSPECTED RESPONDENT'S WEBSITE. THE INSPECTOR OBSERVED THE REGISTERED PESTICIDE, "FRONTLINE PLUS, OFFERED FOR SALE BYRESPONDENT AS "3 MONTH FRONTLINE PLUS / EPA NO BOX" IN VARIOUS SIZES AS "ONE HALF OF A 6 PACK." THESE PRODUCTS ARE NOT SOLD INTHEIR COMPLETE ORIGINAL PACKAGING. THIS PRODUCT WAS NOT REGISTERED AS PESTICIDES WITH EPA. FIFRA SEC 12(a)(1)(A) STATES THAT ISSHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON A PESTICIDE THAT IS NOT REGISTERED BY EPA.THE "3 MONTH FRONTLINE PLUS/EPA NO BOX" IN VARIOUS SIZES WERE MISBRANDED IN THAT THE WEBSITE LABELING CONTAINED A GRAPHISREPRESENTING EPA, WHICH DIRECTLY OR INDIRECTLY IMPLIES RECOMMENDATION OR ENDORSEMENT BY AN AGENCY OF THE FED GOV'T. FIFRASEC 12(a)(1)(E) STATES THAT IT SHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SELL TO ANY PERSON ANY PESTICIDEWHICH IS ADULTERATED OR MISBRANDED. ORDER: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE, OR REMOVE THE FOLLOWING PESTICIDE PRODUCT WHICH ISUNREGISTERED AND MISBRANDED: "THE KITS" AND "THE MONTH FRONTLINE PLUS/EPA NO BOX IN VARIOUS SIZES." THIS ORDER SHALL PERTAIN TO ALL QUANTITIES AND SIZES OF "THE KITS," "3 MONTH FRONTLINE PLUS/EPA NO BOX" IN VARIOUS SIZES, OR ANYOTHER UNREGISTERED PESTICIDE, WITHIN THE OWNERSHIP, CONTROL OR CUSTODY OF RESPONDENT, WHEREVER LOCATED. THIS, OR ANYOTHER, UNREGISTERD PESTICIDE SHALL NOT BE SOLD; OFFERED FOR SALE; HELD FOR SALE; SHIPPED; DELIVERED FOR SHIPMENT; RECEIVED; OR,HAVING BEEN SO RECEIVED, DELIVERED, OFFERED FOR DELIVERY, MOVED, OR REMOVED FROM THE PREMISES, FOR ANY REASON. RESPONDENTSHALL NOT COMMENCE ANY SALE OR DISTRIBUTION OF "THE KITS," "3 MONTH FRONTLINE PLUS/EPA NO BOX" IN VARIOUS SIZES, OR ANY OTHERUNREGISTERED PESTICIDE, WITHOUT PRIOR WRITTEN APPROVAL FROM EPA. 04-2010-3446 MILLER TROPHY ROOM, INC. 03/04/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal





Summary3/4/10 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ON OR ABOUT JAN 21, 2010 AND FEB 4, 2010, EPA INPECTED RESPONDENT'S FACILITY. ATTHE TIME OF THE INSPECTIONS, EPA HAD REASON TO BELIEVE TERMIDOR SC WAS BEING USED BY RESPONDENT TO CONTROL PESTS, INCLUDINGBUT NOT LIMITED TO, THE COMMON CLOTHES MOTH AND THE CARPET BEETLE AND THEIR LARVAE, ON MOUNTED TROPHY AMIMALS. DURING THEINSPECTIONS, AT LEAST A PORTION OF THE PRODUCT "TERMIDOR SC" PURCHASED BY RESPONDENT WAS STORED IN A LOCKED WAREHOUSELOCATED BEHIND RESPONDENT'S FACILITY. THE LABEL ON TERMIDOR SC UNDER "DIRECTIONS FOR USE" SPECIFICALLY STATES "DO NOT USEINDOORS EXCEPT FOR APPLICATIONS INTO WALL VOIDS." THE LABLE ON TERMIDOR SC DOES NOT INCLUDE DIRECTIONS FOR USE TO CONTROLTHE COMMON CLOTHES MOTH AND THE CARPET BEETLE AND THEIR LARVAE OR THE APPLICATION OF THE PESTICDE ON TROPHY ANIMAL MOUNTS.ACCORDING TO FIFRA SECTION 12(a)(2)(G), IT IS UNLAWFUL FOR ANY PERSON TO USE ANY REGISTERED PESTICIDE IN A MANNER INCONSISTENTWITH INTS LABELING. AT THE TIME OF THE INSPECTIONS, EPA HAD REASON TO BELIEVE TERMIDOR SC WAS BEING RELABELS BY RESPONDENT TOINDICATE IT WAS A PESTICIDE FORMULA PRODUCED BY MILLER TROPHY ROOM. AT THE TIME OF THE INSPECTION, RESPONDENT'S FACILITY WASNOT REGISTERED AS A PESTICIDE PRODUCING ESTABLISHMENT WAS EPA. PURSUANT TO FIFRA SEC 12(a)(2)(L), IT IS UNLAWFUL TO PRODUCE APESTICIDE IN AN UNREGISTERED ESTABLISHMENT. ORDER REQUIRES: RESPONDENT IS HEREBY ORDERED TO STOP ANY FURTHER DISTRIBUTION, SALE, USE, OR REMOVAL OF THE FOLLOWINGPESTICIDE PRODUCT: TERMIDOR SC OR ANY OTHER PESTICIDES CONTAINING TERMIDOR SC. 5/5/10 - AMENDED STOP SALE, USE OR REMOVAL ORDER ISSUED. RESPONDENT IS HEREBY PERMITTED TO RELEASE 33 UNOPENED CONTAINERSOF THE 78-OUNCE TERMIDOR SC TO THE CONTROL OF A REPRESENTATIVE FROM THE BASF CORP WHO WILL ARRANGE A TIME WILL A MILLERTROPHY ROOM OFFICIAL, TO PICK UP THE SAID CONTAINERS AT THE LOCKED WAREHOUSE BEHIND THE MILLER TROPHY ROOM LOCATION INRICHFIELD, NC. BASF IS THE PRODUCER OF TERMDIOR SC AND HAS AGREED FOR A REPRESENTATIVE OF THE CORP TO PICK UP THE UNOPENEDPRODUCT AND TAKE IT TO A BASF LOCATION. AT THE BASF LOCATION, THE PRODUCT WILL BE INSPECTED AND, IF APPROPRIATE, WILL PLACE THEPRODUCT IN INVENTORY FOR RESALE. RESPONDENT IS TO PROVIDE WRITTEN VERIFICATION TO EPA WITHIN 3 DAYS AFTER THE UNOPENEDPRODUCT HAS BEEN PICKED UP BY THE BASF REPRESENTATIVE AND TAKE TO A BASF LOCATION. RESPONDENT HAS MADE ARRANGEMENTS FORTHE ONE OPENED CONTAINER OF 78-OUNCE TERMIDOR SC TO BE PICKED UP AND PROPERLY DISPOSED OF MY THE NC DEPT OF AGRICULTURE.RESPONDENT IS TO PROVIDE WRITTEN VERIFICATION TO EPA WITHIN 3 DAYS AFTER THE OPENED PRODUCT HAS BEEN PICKED UP BY THE NC DEPTOF AGRICULTURE FOR PROPER DISPOSAL. RESPONDENT IS TO PROVIDE WRITTEN CERTIFICATION TO EPA WITHIN 7 DAYS OF RECEIPT OF THISAMENDED ORDER THAT IS HAS NO OTHER OPENED OR UNOPENED CONTAINERS OF TERMIDOR SC IN ITS POSSESSION AND DOCUMENT HOW THISWAS VERIFIED. OTHER THAN AS STATED IN THIS AMENDED ORDER, RESPONDENT SHALL NOT COMMENCE ANY FUTURE USE, SALE ORDISTRIBUTION OF TERMIDOR SC WITHOUT PRIOR WRITTEN APPROVAL FROM EPA. 04-2010-3456 BIO-LAB, INC. 04/09/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal4/9/10 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. RESPONDENT IS THE REGISTRANT OF THE EPA REGISTERED PESTICIDES "SUN POOLGRANULAR STABILIZED CHLORINATING CONCENTRATE," EPA REG. NO. 5185-441-10305, AND "BIOGUARD MAINTAIN SILK SMART STICKS," EPA REG.NO. 5185-400. ON OR ABOUT JAN 21, 2010, BIO-LAB SUBMITTED A SELF-DISCLOSURE LETTER TO EPA WHICH DISCLOSED THE SALE AND DISTRIBUTION OF SAIDREGISTERED PESTICIDES IN VIOLATION OF FIFRA. "SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE" WAS MISBRANDED IN THATTHE LABEL BORE THE ADDITIONAL STATEMENT "AVAILABLE CHLORINE 90% THAT WAS NOT PART OF THE EPA ACCEPTED LABEL. SECTION 2(q)(1)(A)OF FIFRA STATES A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION WHICH IS FALSEOR MISLEADING IN ANY PARTICULAR. "BIOGUARD MAINTAIN SILK SMART STICKS," WAS MISBRANDED IN THAT THE LABEL FAILED TO BEAR THECOMPLETE INGREDIENT STATEMENT. SECTION 2(a)(2)(A) STATES A PESTICIDE IS MISBRANDED IF THE LABEL DOES NOT BEAR AN INGREDIENTSTATEMENT. BASED ON THE AFOREMENTIONED LETTER, THE COMPANY SOLD OR DISTRIBUTED THE MISBRANDED PESTICIDES "SUN POOLGRANDULAR STABILIZED CHLORINATING CONCENTRATE" AND "BIOGUARD MAINTAIN SILK SMART STICKS." PURSUANT TO FIFRA SEC 12(a)(1)(E), ITSHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SEEL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED ORMISBRANDED. ORDER: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE, OR REMOVE THE FOLLOWING PESTICIDE PRODUCTS WHICH ARE MISBRANDED:"SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE" AND "BIOGUARD MAINTAIN SILK SMART STICKS" EXCEPT IN ACCORDANCEWITH THIS ORDER. THIS ORDER SHALL PERTAIN TO ALL QUANTITIES AND SIZES OF MISBRANDED "SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE"AND "BIOGUARD MAINTAIN SILK SMART STICKS" WITHIN THE OWNERSHIP, CONTROL, OR CUSTODY OR RESPONDENT, WHEREVER LOCATED. THESEPESTICIDES SHALL NOT BE SOLD; OFFERED FOR SALE; HELD FOR SALE; SHIPPED; DELIVERED FOR SHIPMENT; RECEIVED; OR, HAVING BEEN SORECEIVED, DELIVERED, OFFERED FOR DELIVERY, MOVED, OR REMOVED FROM THE PREMISES, FOR ANY REASON, EXCEPT AS SPECIFIED IN THISORDER. RESPONDENT MUST RELABEL ALL SIZES AND QUANTITIES OF "SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE," EPA REG. NO.5185-441-10305, AND "BIOGUARD MAINTAIN SILK SMART STICKS," EPA REG. NO. 5185-400, WITH A LABEL THAT COMPLIES WITH THE EPA ACCEPTEDLABEL, IN THE PESTICIDE PRODUCING ESTABLISHMENT EPA EST. NO. 5185-GA-1. PRODUCT MAY BE TRANSFERRED TO THIS ESTABLISHMENT FROMITS CURRENT LOCATION IN THE CHANNELS OF TRADE. RESPONDENT IS RESPONSIBLE FOR THE PROPER RELABELING OF ALL KNOWN AFFECTED PRODUCT WITHIN 90 CALENDAR DAYS. ONCE ALL AFFECTED PRODUCT IS LABELED IN COMPLIANCE WITH FIFRA, AND RESPONDENT HAS PROVIDED WRITTEN NOTIFICATION TO EPA THATRELABELING HAS BEEN COMPLETED, "SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE" AND "BIOGUARD MAINTAIN SILK SMARTSTICKS" MAY BE FURTHER DISTRIBUTED AND SOLD. RESPONDENT IS RESPONSIBLE FOR ALL REPORTING REQUIRED IN CONNECTION WITH RELABELING PESTICIDE PRODUCTS UNDER FIFRA SEC 7.





Summary

4/9/10 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. RESPONDENT IS THE REGISTRANT OF THE EPA REGISTERED PESTICIDES "SUN POOLGRANULAR STABILIZED CHLORINATING CONCENTRATE," EPA REG. NO. 5185-441-10305, AND "BIOGUARD MAINTAIN SILK SMART STICKS," EPA REG.NO. 5185-400. ON OR ABOUT JAN 21, 2010, BIO-LAB SUBMITTED A SELF-DISCLOSURE LETTER TO EPA WHICH DISCLOSED THE SALE AND DISTRIBUTION OF SAIDREGISTERED PESTICIDES IN VIOLATION OF FIFRA. "SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE" WAS MISBRANDED IN THATTHE LABEL BORE THE ADDITIONAL STATEMENT "AVAILABLE CHLORINE 90% THAT WAS NOT PART OF THE EPA ACCEPTED LABEL. SECTION 2(q)(1)(A)OF FIFRA STATES A PESTICIDE IS MISBRANDED IF ITS LABELING BEARS ANY STATEMENT, DESIGN, OR GRAPHIC REPRESENTATION WHICH IS FALSEOR MISLEADING IN ANY PARTICULAR. "BIOGUARD MAINTAIN SILK SMART STICKS," WAS MISBRANDED IN THAT THE LABEL FAILED TO BEAR THECOMPLETE INGREDIENT STATEMENT. SECTION 2(a)(2)(A) STATES A PESTICIDE IS MISBRANDED IF THE LABEL DOES NOT BEAR AN INGREDIENTSTATEMENT. BASED ON THE AFOREMENTIONED LETTER, THE COMPANY SOLD OR DISTRIBUTED THE MISBRANDED PESTICIDES "SUN POOLGRANDULAR STABILIZED CHLORINATING CONCENTRATE" AND "BIOGUARD MAINTAIN SILK SMART STICKS." PURSUANT TO FIFRA SEC 12(a)(1)(E), ITSHALL BE UNLAWFUL FOR ANY PERSON IN ANY STATE TO DISTRIBUTE OR SEEL TO ANY PERSON ANY PESTICIDE WHICH IS ADULTERATED ORMISBRANDED. ORDER: RESPONDENT IS HEREBY ORDERED NOT TO DISTRIBUTE, SELL, USE, OR REMOVE THE FOLLOWING PESTICIDE PRODUCTS WHICH ARE MISBRANDED:"SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE" AND "BIOGUARD MAINTAIN SILK SMART STICKS" EXCEPT IN ACCORDANCEWITH THIS ORDER. THIS ORDER SHALL PERTAIN TO ALL QUANTITIES AND SIZES OF MISBRANDED "SUN POOL GRANDULAR STABILIZED CHLORINATING CONCENTRATE"AND "BIOGUARD MAINTAIN SILK SMART STICKS" WITHIN THE OWNERSHIP, CONTROL, OR CUSTODY OR RESPONDENT, WHEREVER LOCATED. THESEPESTICIDES SHALL NOT BE SOLD; OFFERED FOR SALE; HELD FOR SALE; SHIPPED; DELIVERED FOR SHIPMENT; RECEIVED; OR, HAVING BEEN SORECEIVED, DELIVERED, OFFERED FOR DELIVERY, MOVED, OR REMOVED FROM THE PREMISES, FOR ANY REASON, EXCEPT AS SPECIFIED IN THISORDER. RESPONDENT MUST RELABEL ALL SIZES AND QUANTITIES OF "SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE," EPA REG. NO.5185-441-10305, AND "BIOGUARD MAINTAIN SILK SMART STICKS," EPA REG. NO. 5185-400, WITH A LABEL THAT COMPLIES WITH THE EPA ACCEPTEDLABEL, IN THE PESTICIDE PRODUCING ESTABLISHMENT EPA EST. NO. 5185-GA-1. PRODUCT MAY BE TRANSFERRED TO THIS ESTABLISHMENT FROMITS CURRENT LOCATION IN THE CHANNELS OF TRADE. RESPONDENT IS RESPONSIBLE FOR THE PROPER RELABELING OF ALL KNOWN AFFECTED PRODUCT WITHIN 90 CALENDAR DAYS. ONCE ALL AFFECTED PRODUCT IS LABELED IN COMPLIANCE WITH FIFRA, AND RESPONDENT HAS PROVIDED WRITTEN NOTIFICATION TO EPA THATRELABELING HAS BEEN COMPLETED, "SUN POOL GRANULAR STABILIZED CHLORINATING CONCENTRATE" AND "BIOGUARD MAINTAIN SILK SMARTSTICKS" MAY BE FURTHER DISTRIBUTED AND SOLD. RESPONDENT IS RESPONSIBLE FOR ALL REPORTING REQUIRED IN CONNECTION WITH RELABELING PESTICIDE PRODUCTS UNDER FIFRA SEC 7. 04-2010-3750 KM VENTURES SITE 10/06/2009 CERCLA 106 AO For Resp Action/Imm Haz





Summary10/6/2009 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION ISSUED. 04-2010-3750 KM VENTURES SITE 02/11/2010 CERCLA 106 AO For Resp Action/Imm Haz10/6/2009 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION ISSUED. 04-2010-3751 INTERNATIONAL MINERALS

AND CHEMICALS (IMC)SUPERFUND ALTERNATIVESITE


10/1/09 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION. RESPONDENT: VIGINDUSTRIES, INC. THIS ISA NON-TIME CRITICAL REMOVAL ACTION. THE REMOVAL WILL RESULT IN THE REMOVAL OF APPROX 8,000 CUBIC YARDS OF CONTAMINATED SOILAND PROCESS RESIDUALS WITH AN ESIMATED COST OF $1,700,000.04-2010-3754 EAST 23RD AVENUE BATTERY 12/07/2009 CERCLA 122h Agrmt For Cost Recovery12/7/09 - SETTLEMENT AGREEMENT UNDER CERCLA SECTION 122(h)(1). SETTLING PARTY: UTILITY BATTERY COMPANY, INC.; dba UTILITY BATTERYCOMPANY. SITE SHALL MEAN THE EAST 23rd AVENUE BATTERY SUPERFUND SITE LOCATED AT THE INTERSECTION OF EAST 23RD AVENUE ANDNORTH NEBRASKA AVENUE WITHIN THE CITY LIMITS OF TAMPA, FL. THE SITE CONSISTS OF 3 ADJACENT RESIDENTIAL PROPERTIES, 903 EAST 23rdAVENUE; 905 EAST 23rd AVENUE; AND 3005 NORTH NEBRASKA AVENUE. SETTLING PARTY SHALL PAY TO THE EPA HAZARDOUS SUBSTANCESUPERFUND THE PRINCIPAL SUM OF $10,000, PLUS AN ADDITIONAL SUM FOR INTEREST. PAYMENT SHALL BE MADE IN 2 INSTALLMENTS. THE FIRSTPAYMENT OF $5,000 PLUS INTEREST SHALL BE DUE WITHIN 6 MONTHS. THE FINAL PAYMENT OF $5,000 PLUS INTEREST SHALL BE DUE WITHIN 12MONTHS. 04-2010-3756 HUNTSVILLE GAS SUPERFUND

SITE11/24/2009 CERCLA 106 AO For Resp Action/Imm Haz

11/24/2009 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION. RESPONDENTS: ALABAMA GASCORPORATION; THE HOUSING AUTHORITY OF THE CITY OF HUNTSVILLE, AL.04-2010-3757 STAUFFER CHEMICAL

COMPANY SUFERFUND SITES(LEMOYNE AND COLD CREEKPLANTS)


11/30/09 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR FOCUSED FEASIBILITY STUDY, IN THE MATTER OF STAUFFERCHEMICAL COMPANY SUPERFUND SITES, LEMOYNE AND COLD CREEK PLANTS, MOBILE COUNTY, AL. RESPONDENT: AKZO NOBEL CHEMICALS,INC., TARRYTOWN, NY. 04-2010-3759 BPA SUPERFUND SITE

(BIOLOGICAL PROCESSORSOF ALABAMA)






Summary12/31/2009 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION. 04-2010-3760 GULF STATES STEEL 12/18/2009 CERCLA 104E5A AO For Access And/Or Info12/18/09 - ADMINISTRATIVE ORDER DIRECTING COMPLIANCE WITH REQUEST FOR ACCESS ISSUED. RESPONDENT: GADSDEN INDUSTRIAL PARK,LLC. 04-2010-3761 B.F. GOODRICH SUPERFUND

SITE12/09/2009 CERCLA 122A/104A Agrmt For RI/FS

12/9/2009 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY.RESPONDENTS: GOODRICH CORPORATION, POLYONE CORPORATION, AND WESTLAKE VINYLS, INC.04-2010-3762 TRANSYLVANIA TANNERY

SUPERFUND SITE02/01/2010 CERCLA 104E5A AO For Access And/Or Info

2/1/20 - ADMINISTRATIVE ORDER DIRECTING COMPLIANCE WITH REQUEST FOR ACCESS. RESPONDENT: SATPAL RATHIE. THE PROPERTY,BORDERED BY SILVERSTEEN AVENUE, AIKEN STREET, AND MCMINN AVENUE, AND PARALLEL TO ROSMAN HWY OR HWY 64, WAS ONCE PART OF ALARGER PARCEL OF PROPERTY ("SITE") WHERE THE TRANSYLVANIA TANNING COMPANY OPERATED FROM THE EARLY 1900s UNTIL 1947.04-2010-3763 VIRGINIA CAROLINA CHEMICAL

(VCC) WINSTON SALEM03/30/2010 CERCLA 106 AO For Resp Action/Imm Haz

3/30/2010 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION. RESPONDENT: EXXON MOBILCORPORATION. 04-2010-3764 ORE KNOB MINE SUPERFUND

SITE05/11/2010 CERCLA 104E5A AO For Access And/Or Info

5/11/10 - ADMINISTRATIVE ORDER TO COMPEL COMPLIANCE WITH AN INFORMATION REQUEST. RESPONDENT: DEREK NEVADA REEVES. 04-2010-3767 NORTH BELMONT PCE SITE 06/18/2010 CERCLA 104E5A AO For Access And/Or Info





Summary6/18/10 - ADMINISTRATIVE ORDER DIRECTING COMPLIANCE WIHT REQUEST FOR ACCESS. RESPONDENT: JERRY D. SHEDD. RESPONDENT IS THEOWNER OF THE PROPERTY AT 111 MAGNOLIA STREET, NORTH BELMONT, NC, NEAR THE SITE, AT WHICH RESONDENT GRANTED EPA AN ACCESSAUTHORIZATION IN OR AROUND AUGUST 222 FOR THE INSTALLATION OF TWO IWRVS SYSTEM VALULTS, TWO PIEZOMETERS, AND ASSOCIATEDPIPING AND EQUIPMENT TO TREAT CONTAMINATED GROUNDWATER EMANATING FROM THE SITE AND UNDERLYING THE PROPERTY. RESPONDENTGRANTED EPA ACCESS TO THE PROPERTY FOR A PERIOD OF 5 YEARS BEGINNING ONCE CONSTRUCTION ACTIVITY STARTED AT THE PROPERTY INOR AROUND JAN 2003. THE IWRVS SYSTEM VAULTS, PIEZOMETERS, AND ASSOCIATED PIPING AND EQUIPMENT WERE INSTALLED AT THE PROPERTY PURSUANT TO THEROD FOR THE SITE ISSUED BY EPA ON SEPT 24, 1997. EPA BEGAN OPERATING THE IWRVS SYSTEM ON OR ABOUT MAR 14, 2003, AND OPERATED THESYSTEM UNTIL APPROX OCT 2004, WHEN THE IWRVS SYSTEM WAS PUT ON HOLD BECAUSE THE GROUNDWATER AQUIFER AT THE SITE COULD NOTPHYSICALLY ACCEPT REINJECTION OF TREATED WATER. EPA INTENDS TO RESTART THE IWRVS SYSTEM PENDING ISSUANCE OF AN EXPLANATIONOF SIGNIFICANT DIFFERENCES (ESD) FOR THE SITE. THE ESD IS REQUIRED TO CHANGE THE POINT OF DISCHARGE OF TREATED GROUNDWATERFROM REINJECTION TO THE AQUIFER TO DISCHARGE TO SURFACE WATER AT THE NEARBY, UNNAMED TRIBUTARY TO FITES CREEK. EPAANTICIPATES ISSUING THE ESD BY SEPT 2010. OPERATION OF THE IWRVS SYSTEM ON THE PROPERTY IS AN INTEGRAL PART OF THEGROUNDWATER REMEDIAL ACTION FOR THE SITE. TO ADDRESS THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS AT OR FROM THE SITE,EPA IS CONDUCTING, AND PLANNING TO CONDUCT, CERTAIN RESPONSEN ACTIONS. THESE ACTIONS INCLUDE RESTARTING THE OWRVS SYSTEM,INCLUDING THOSE IWRVS VAULTS LOCATED AT THE PROPERTY, AND CONTINUING TO MONITORING GROUNDWATER CONTAMINATION LEVELS ATTHE SITE. TO PERFORM THE RESPONSE ACTIONS, IT WILL BE NECESSARY FOR EMPLOYEES, AGENTS, CONTRACTORS, AND OTHER REPS OF EPA TO ENTERTHE PROPERTY. THE ACTIVITIES FOR WHICH ENTRY IS REQUIRED INCLUDE: ANY NECESSARY REPAIR OF THE EXISTING IWRVS VAULTS,PIEZOMETERS, AND APPURTENANT PIPING AND EQUIPMENT; OPERATION OF THE IWRVS SYSTEM COMPONENTS; MONITORING AND MAINTENANCEOF THE EQUIPMENT; AND MONITORING AND SAMPLING OF GROUNDWATER. EPA ESTIMATES THAT THE DURATION OF THE REQUIRED ENTRY AND ACCESS WILL BE APPROX 5 YRS. DESPITE REQUESTS FROM EPA, RESPONDENT HAS REFUSED TO PROVIDE ACCESS FOR PURPOSES OF PERFORMING RESPONSE ACTIVITIES. TERMINATION: THIS ORDER SHALL REMAIN IN EFFECT UNTIL THE CHIEF OF THE SUPERFUND ENFORCEMENT AND INFORMATION MANAGEMENTBRANCH OR HIS/HER DESIGNEE NOTIFIES RESPONDENT IN WRITING THAT ACCESS TO THE PROPERTY IS NO LONGER NEEDED.04-2010-4000 MOSAIC FERTILIZER, LLC

(GREEN BAY/MULBERRY/TAMPA)






Summary11/3/09 - CONSENT AGMT ISSUED. ZERO PENALTY ASSESSED.04-2010-4001 MASTER PACKAGING, INC. 03/03/2010 RCRA 3008A AO For Comp And/Or PenaltyX04-2010-4002 APTO SOLUTIONS INC., 08/03/2010 RCRA 3008A AO For Comp And/Or Penalty8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,290. RESPONDENT SHALL MAKE PAYMENT WITIN THIRTYDAYS. ORDER ALLEGES: EPA ASSETS THAT RESPONDENT HAD ALREADY EXPORTED USED, INTACT CRTs FOR REUSE PRIOR TO THE LETTER DATED NOVEMBER 17, 2008 TOEPA OF THE INTENT "TO EXPORT USED CRT MONITORS FOR REUSE, REFURBISHMENT, OR REMANUFACTURING." RESPONDENT FAILED TO COMPLY WITH NOTIFICATION REQUIREMENTS SET FORT AT 40 CFR SECTION 261.41(a) PRIOR TO FACILITATING 16SHIPMENTS OF USED CRTs FOR REUSE IN EGYPT, CANADA, AND TANZANIA. RESPONDENT DISAGREES, ASSERTING THAT BECAUSE IT SOLD THECRTs TO EXPORTING COMPANIES, IT WAS NOT ITSELF EXPORTING THE CRTs, AND THEREFORE WAS NOT SUBJECT TO THE NOTITICATIONREQUIREMENTS.04-2010-4003 HOMAC MANUFACTURING

COMPANY05/12/2010 RCRA 3008A AO For Comp And/Or Penalty

5/12/10 - CONSENT AGMT ISSUED. PENALTY OF $21,800 DUE WITHIN 30 DAYS. ON MAR 25, 2009, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI: RESPONDENT FAILED TO CLOSE A WASTEWATER TREATMENT SLUDGE ACCUMULATION CONTAINER WHEN NO WASTE WAS BEING ADDED ORREMOVED. RESPONDENT VIOLATED 40 CFR 265.173(a), BY FAILING TO KEEP A HAZ WASTE CONTAINER CLOSED EXCEPT WHEN NECESSARY TO ADDOR REMOVE WASTES, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT INVIOLATION OF RCRA SECTION 3005(a). RESPONDENT WAS STORING WASTEWATER TREATMENT SLUDGE CONTAINERS IN A MANNER SUCH THAT ACCUMULATION START DATES WERE NOTVISIBLE FOR INSPECTION. RESPONDENT VIOLATED 40 CFR 262.34(a)(2), BY FAILING TO STORE WASTEWATER TREATMENT SLUDGE CONTAINERS IN AMANNER SUCH THAT ACCUMULATION START DATES WERE VISIBLE FOR INSPECTION, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTSNECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO40 CFR 262.34(a). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT. RESPONDENT WAS NOT ABLE TO DEMONSTRATE THAT IT PROVIDED THE MOST RECENT COPY OF THE FACILITY'S CONTINGENCY PLAN TO THEREQUISITE LOCAL AUTHORITIES. RESPONDENT VIOLATED 40 CFR 265.53(b) BY FAILING TO DEMONSTRATE THAT IT PROVIDED THE MOST RECENTCOPY OF THE FACILITY'S CONTINGENCY PLAN TO THE REQUISITE LOCAL AUTHORITIES, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTSNECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO40 CFR 262.34(a)(4). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT. RESPONDENT'S CONTAINER STORAGE AREA INSPECTION RECORDS DID NOT INCLUDE THE TIME OF INSPECTION, CONDITION OF CONTAINER, ORINSPECTOR'S NAME LEGIBLY PRINTED. RESPONDENT VIOLATED 40 CFR 265.174, BY FAILING TO MAINTAIN INSPECTION RECORDS FOR CONTAINERSTORAGE AREAS THAT PROVIDE TIME OF INSPECTION, CONDITION OF CONTAINER AND INSPECTOR'S NAME LEGIBLY PRINTED, AND AS SUCH,FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT APERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a)(1)(i). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE WITHOUT A PERMIT. RESPONDENT HAD NOT PROVIDED THE REQUIRED ANNUAL TRAINING REFRESHER TO ITS PERSONNEL, NOR HAD IT MAINTAINED RECORDS OF THETYPE AND AMOUNT OF HAZ WASTE TRAINING REQUIRED FOR EACH POSITION RELATED TO HAZ WASTE MGMT. EPA AND FDEP FURTHER NOTEDTHAT RESPONDENT FAILED TO MAINTAIN IN ITS PERSONNEL RECORDS THE TYPE AND AMOUNT OF HAZ WASTE TRAINING IT HAD PROVIDED TO ITSEMPLOYEES. RESPONDENT VIOLATED 40 CFR 265.16(d)(4) BY FAILING TO PROVIDE ITS EMPLOYEES WITH THE REQUISITE ANNUAL REFRESHERTRAINING AND FAILING TO MAINTAIN THE REQUISITE HAZ WASTE PERSONNEL TRAINING RECORDS, AND AS SUCH, FAILED TO SATISFY THEREQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIMSTATUS. RESPONDENT WAS ILLEGALLY STORING HAZ WASTE WITHOUT A PERMIT. RESPONDENT WAS STORING CRUSHED UNIVERSAL WASTE LAMPS IN A FLUORESCENT LAMP CRUSHER CONTAINER THAT WAS NOT LABELED ORMAKRED CLEARLY WITH THE WORDS "CRUSHED MERCURY LAMPS" - IN VIOLATION OF 62-737.400(5)(b)(1), F.A.C. RESPONDENT WAS STORING USED OIL IN A SECONDARY-CONTAINMENT METAL UNIT, A PORTABLE VACUUM UNIT AND THREE 250-GAL TOTECONTAINERS THAT WERE NOT LABELED OR MARKED CLEARLY WITH THE WORDS "USED OIL" IN VIOLATION OF 40 CFR 279.22(c). EPA AND FDEP REPS OBSERVED A HAZ WASTE MANIFEST FOR 800 GALS OF SODIUM HYDROXIDE THAT WAS SHIPPED BY THE CITY OF ALTAMONTESPRING WATER TREATMENT PLANT AND RECEIVED BY THE FACILITY. MANIFEST LISTED THE SODIUM HYDROXIDE AS D002 CHARACTERISTIC HAZWASTE IN VIOLATION OF RCRA 3005(a).





Summary

5/12/10 - CONSENT AGMT ISSUED. PENALTY OF $21,800 DUE WITHIN 30 DAYS. ON MAR 25, 2009, EPA AND FDEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI: RESPONDENT FAILED TO CLOSE A WASTEWATER TREATMENT SLUDGE ACCUMULATION CONTAINER WHEN NO WASTE WAS BEING ADDED ORREMOVED. RESPONDENT VIOLATED 40 CFR 265.173(a), BY FAILING TO KEEP A HAZ WASTE CONTAINER CLOSED EXCEPT WHEN NECESSARY TO ADDOR REMOVE WASTES, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT INVIOLATION OF RCRA SECTION 3005(a). RESPONDENT WAS STORING WASTEWATER TREATMENT SLUDGE CONTAINERS IN A MANNER SUCH THAT ACCUMULATION START DATES WERE NOTVISIBLE FOR INSPECTION. RESPONDENT VIOLATED 40 CFR 262.34(a)(2), BY FAILING TO STORE WASTEWATER TREATMENT SLUDGE CONTAINERS IN AMANNER SUCH THAT ACCUMULATION START DATES WERE VISIBLE FOR INSPECTION, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTSNECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO40 CFR 262.34(a). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT. RESPONDENT WAS NOT ABLE TO DEMONSTRATE THAT IT PROVIDED THE MOST RECENT COPY OF THE FACILITY'S CONTINGENCY PLAN TO THEREQUISITE LOCAL AUTHORITIES. RESPONDENT VIOLATED 40 CFR 265.53(b) BY FAILING TO DEMONSTRATE THAT IT PROVIDED THE MOST RECENTCOPY OF THE FACILITY'S CONTINGENCY PLAN TO THE REQUISITE LOCAL AUTHORITIES, AND AS SUCH, FAILED TO SATISFY THE REQUIREMENTSNECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO40 CFR 262.34(a)(4). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE W/OUT A PERMIT. RESPONDENT'S CONTAINER STORAGE AREA INSPECTION RECORDS DID NOT INCLUDE THE TIME OF INSPECTION, CONDITION OF CONTAINER, ORINSPECTOR'S NAME LEGIBLY PRINTED. RESPONDENT VIOLATED 40 CFR 265.174, BY FAILING TO MAINTAIN INSPECTION RECORDS FOR CONTAINERSTORAGE AREAS THAT PROVIDE TIME OF INSPECTION, CONDITION OF CONTAINER AND INSPECTOR'S NAME LEGIBLY PRINTED, AND AS SUCH,FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT APERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a)(1)(i). RESPONDENT WAS ILLEGALLY STORING HAZ WASTE WITHOUT A PERMIT. RESPONDENT HAD NOT PROVIDED THE REQUIRED ANNUAL TRAINING REFRESHER TO ITS PERSONNEL, NOR HAD IT MAINTAINED RECORDS OF THETYPE AND AMOUNT OF HAZ WASTE TRAINING REQUIRED FOR EACH POSITION RELATED TO HAZ WASTE MGMT. EPA AND FDEP FURTHER NOTEDTHAT RESPONDENT FAILED TO MAINTAIN IN ITS PERSONNEL RECORDS THE TYPE AND AMOUNT OF HAZ WASTE TRAINING IT HAD PROVIDED TO ITSEMPLOYEES. RESPONDENT VIOLATED 40 CFR 265.16(d)(4) BY FAILING TO PROVIDE ITS EMPLOYEES WITH THE REQUISITE ANNUAL REFRESHERTRAINING AND FAILING TO MAINTAIN THE REQUISITE HAZ WASTE PERSONNEL TRAINING RECORDS, AND AS SUCH, FAILED TO SATISFY THEREQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIMSTATUS. RESPONDENT WAS ILLEGALLY STORING HAZ WASTE WITHOUT A PERMIT. RESPONDENT WAS STORING CRUSHED UNIVERSAL WASTE LAMPS IN A FLUORESCENT LAMP CRUSHER CONTAINER THAT WAS NOT LABELED ORMAKRED CLEARLY WITH THE WORDS "CRUSHED MERCURY LAMPS" - IN VIOLATION OF 62-737.400(5)(b)(1), F.A.C. RESPONDENT WAS STORING USED OIL IN A SECONDARY-CONTAINMENT METAL UNIT, A PORTABLE VACUUM UNIT AND THREE 250-GAL TOTECONTAINERS THAT WERE NOT LABELED OR MARKED CLEARLY WITH THE WORDS "USED OIL" IN VIOLATION OF 40 CFR 279.22(c). EPA AND FDEP REPS OBSERVED A HAZ WASTE MANIFEST FOR 800 GALS OF SODIUM HYDROXIDE THAT WAS SHIPPED BY THE CITY OF ALTAMONTESPRING WATER TREATMENT PLANT AND RECEIVED BY THE FACILITY. MANIFEST LISTED THE SODIUM HYDROXIDE AS D002 CHARACTERISTIC HAZWASTE IN VIOLATION OF RCRA 3005(a).04-2010-4004 U.S. DEPARTMENT OF THE AIR

FORCE, PATRICK AIR FORCEBASE (FF)






Summary6/3/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $3,100. ON MARCH 24, 2009, EPA AND FEP PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. DURING THE CEI, EPA ANDFDEP REPRESENTATIVES OBSERVED THE RESPONDENT STORING UNIVERSAL WASTE LAMPS IN BOXES. SOME OF THE BOXES WERE NOTPROPERLY LABELED AND MARKED WITH THE REQUIRED PHRASES TO IDENTIFY THE CONTENTS AS WASTE LAMPS. IN ADDITION, THE INSPECTORSOBSERVED THAT SOME OF THE BOXES WERE NOT CLOSED. COMPLIANANT ALLEGES THAT RESPONDENT WAS IN VIOLATION OF 40 CFR 273.13(d)(1)AND 273.14(e) BY STORING UNIVERSAL WASTE LAMPS IN UNLABELED AND OPEN CONTAINERS. AT THE TIME OF THE CEI, RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION FOR THE BARIUM SOLUTION. COMPLAINANTALLEGES THAT RESPONDENT WAS IN VIOLATION OF 40 CFR 262.11 BY FAILING TO MAKE A HAZ WASTE DETERMINATION FOR THE BARIUM SOLUTION.04-2010-4006 HEXION SPECIALTY

CHEMICALS07/27/2010 RCRA 3008A AO For Comp And/Or Penalty

7/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $84,600, DUE WITHIN 30 DAYS. ON JULY 15-16, 2008, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, EPA OBSERVED WASTE PAINT RELATED ITEMS NEAR THE COOLING TOWERS LEFT BY CONTRACTORS WHO HAD BEENCONDUCTING PAINT MAINTENANCE. HOWEVER, RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THE WASTE PAINT ANDWASTE PAINT RELATED ITEMS. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.11 AND N.C. ADMIN. CODE TIT 15A r. 13A.01017(a). RESPONDENT HAD BEEN STORING 30 CONTAINERS, RANGING IN SIZE BETWEEN 20 AND 30 GALLONS, THAT HAD PREVIOUSLY HELD VANADIUMPENTOXIDE, AN ACUTE HAZARDOUS WASTE, BUT WHICH WERE NOT EMPTY PURSUANT TO 40 CFR 261.7(b)(3)(iii) AND N.C. ADMIN. CODE TIT 15A r.13A.0106(a), BECAUSE THE CONTAINERS' INNER LINERS HAD NOT BEEN REMOVED. THE 30 CONTAINERS DISCUSSED ABOVE WERE NOT LABELED WITH (1) THE BEGINNING DATE OF ACCUMULATION; OR (2) THE WORDS "HAZARDOUSWASTE." EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 AND N.C. GEN STATE 130A-294 FOR STORING HAZ WASTEWITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2)-(3) AND N.C. ADMIN CODE TIT 15A r. 13A.0107(c) CONDITIONS OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT DID NOT HAVE RECORDS SHOWING THAT IT HAD ATTEMPTED TO MAKE ARRANGEMENTS FOR EMERGENCY SITUATIONS WITH THELOCAL AUTHORITIES. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-294 FOR STORING HAZWASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND N.C. ADMIN CODE TIT 15A r.13A.0107(c) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.37. RESPONDENT DID NOT DESCRIBE EVACUATION ROUTES WITHIN THE EVACUATION PLAN PORTION OF THE FACILITY CONTINGENCY PLAN. EPATHEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-294, FOR STORING HAZ WASTE WITHOUT A PERMITOR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 22.34(a)(4) AND NC ADMIN CODE tit 15A r. 13A.0107(c) CONDITION OF THE40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.52(f). RESPONDENT HAD BEEN STORING THE 30 CONTAINERS OF HAZ WASTE DISCUSSED ABOVE FOR GREATER THAN 90 DAYS. AS A RESULT,RESPONDENT IS AN OPERATOR OF A STORAGE FACILITY AND SUBJECT TO THE PERMIT REQUIREMENTS OF 40 CFR PART 270. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND NC GEN STAT 130A-294, BECAUSE RESPONDENT FAILED TO COMPLY WITH 40 CFR270 AND NC ADMIN CODE tit 15A r. 13A.0113, BY OPERATING A STORAGE FACILITY WITHOU HAVING INTERIM STATUS OR A PERMIT. RESPONDENT FAILED TO CLOSE A CONTAINER OF HAZ WASTE, WHICH WAS BEING MANAGED AS A SATELLITE ACCUMULATION CONTAINER,LOCATED IN THE QUALITY ASSURANCE LABORATORY, SOLVENT AND GAS ROOM. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 ANDN.C. GEN STAT 130A-294, FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET ACONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(c)(1)(i) AND N.C. ADMIN CODE tit. 15A r. 13A.0107(c), BY NOT COMPLYING WITH 40 CFR265.173(a).





Summary

7/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $84,600, DUE WITHIN 30 DAYS. ON JULY 15-16, 2008, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, EPA OBSERVED WASTE PAINT RELATED ITEMS NEAR THE COOLING TOWERS LEFT BY CONTRACTORS WHO HAD BEENCONDUCTING PAINT MAINTENANCE. HOWEVER, RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THE WASTE PAINT ANDWASTE PAINT RELATED ITEMS. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.11 AND N.C. ADMIN. CODE TIT 15A r. 13A.01017(a). RESPONDENT HAD BEEN STORING 30 CONTAINERS, RANGING IN SIZE BETWEEN 20 AND 30 GALLONS, THAT HAD PREVIOUSLY HELD VANADIUMPENTOXIDE, AN ACUTE HAZARDOUS WASTE, BUT WHICH WERE NOT EMPTY PURSUANT TO 40 CFR 261.7(b)(3)(iii) AND N.C. ADMIN. CODE TIT 15A r.13A.0106(a), BECAUSE THE CONTAINERS' INNER LINERS HAD NOT BEEN REMOVED. THE 30 CONTAINERS DISCUSSED ABOVE WERE NOT LABELED WITH (1) THE BEGINNING DATE OF ACCUMULATION; OR (2) THE WORDS "HAZARDOUSWASTE." EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 AND N.C. GEN STATE 130A-294 FOR STORING HAZ WASTEWITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2)-(3) AND N.C. ADMIN CODE TIT 15A r. 13A.0107(c) CONDITIONS OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT DID NOT HAVE RECORDS SHOWING THAT IT HAD ATTEMPTED TO MAKE ARRANGEMENTS FOR EMERGENCY SITUATIONS WITH THELOCAL AUTHORITIES. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-294 FOR STORING HAZWASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND N.C. ADMIN CODE TIT 15A r.13A.0107(c) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.37. RESPONDENT DID NOT DESCRIBE EVACUATION ROUTES WITHIN THE EVACUATION PLAN PORTION OF THE FACILITY CONTINGENCY PLAN. EPATHEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-294, FOR STORING HAZ WASTE WITHOUT A PERMITOR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 22.34(a)(4) AND NC ADMIN CODE tit 15A r. 13A.0107(c) CONDITION OF THE40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.52(f). RESPONDENT HAD BEEN STORING THE 30 CONTAINERS OF HAZ WASTE DISCUSSED ABOVE FOR GREATER THAN 90 DAYS. AS A RESULT,RESPONDENT IS AN OPERATOR OF A STORAGE FACILITY AND SUBJECT TO THE PERMIT REQUIREMENTS OF 40 CFR PART 270. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND NC GEN STAT 130A-294, BECAUSE RESPONDENT FAILED TO COMPLY WITH 40 CFR270 AND NC ADMIN CODE tit 15A r. 13A.0113, BY OPERATING A STORAGE FACILITY WITHOU HAVING INTERIM STATUS OR A PERMIT. RESPONDENT FAILED TO CLOSE A CONTAINER OF HAZ WASTE, WHICH WAS BEING MANAGED AS A SATELLITE ACCUMULATION CONTAINER,LOCATED IN THE QUALITY ASSURANCE LABORATORY, SOLVENT AND GAS ROOM. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 ANDN.C. GEN STAT 130A-294, FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET ACONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(c)(1)(i) AND N.C. ADMIN CODE tit. 15A r. 13A.0107(c), BY NOT COMPLYING WITH 40 CFR265.173(a).04-2010-4007 TENNESSEE TECHNICAL

COATINGS07/27/2010 RCRA 3008A AO For Comp And/Or Penalty

7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 3, 2009, EPA AND TDEC CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. RESPONDENT WAS STORING HAZ WASTE IN 4 CONTAINERS THAT WERE INCORRECTLY LABELED DUE TO HUMAN ERROR WITH THE BEGINNING DATEOF ACCUMULATION. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORINGHAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2) AND TENN CODE R. & REGS1200-1-11-.03(4)(e)2(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT WAS STORING UNIVERSAL WASTE (FLUORESCENT LIGHT BULBS) IN SIX OPEN CONTAINERS, AND WAS THEREFORE NOT MANAGINGTHE UNIVERSAL WASTE LAMPS IN A WAY THAT PREVENTED RELEASES TO THE ENVIRONMENT. EPA THEREFORE ALLEGES THAT RESPONDENT HASVIOLATED 40 CFR 273.13(d)(1) AND TENN COMP R. & REGS 1200-1-11-.12(2)(d)4(i)(1). RESPONDENT DID NOT HAVE AN UPDATED CONTINGENCY PLAN AT THE FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATEDRCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILEDTO MEET THE 40 CFR 262.34(a)(4) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BYNOT COMPLYING WITH 40 CFR 265.54(c) AND TENN COMP R & REGS 1200.01-11-.05(4)(e)3. RESPONDENT DID NOT HAVE DOCMENTS OR RECORDS INDICATING THE JOB TITLE OR JOB DESCRIPTIONS FOR EACH POSITION AT THE FACILITYRELATED TO HAZ WASTE MANAGEMENT. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4), FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND TENNCOMP R. & REGS 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.16(d) ANDTENN COMP R & REGS 1200-01-11-.05(1)(g)(4). RESPONDENT WAS STORING GREATER THAN 55 GALLONS OF HAZARDOUS WASTE IN 5 CONTAINERS IN A SATELLITE ACCUMULATION AREA. EPATHEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT APERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION FOR PERMIT EXEMPTION AT 40 CFR 262.34(c)(1) AND TENNCOMP R & REGS 1200-01-11-.03(4)(e)5(i). RESPONDENT WAS STORING 5 CONTAINERS OF HAZ WASTE IN A SATELLITE ACCUMULATION AREA THAT WERE NOT LABELED WITH THE WORDS"HAZARDOUS WASTE" OR OTHER WORDS THAT IDENTIFIED THE CONTENTS OF THE CONTAINERS. EPA THEREFORE ALLEGES THAT RESPONDENTHAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSERESPONDENT FAILED TO MEET A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(c)(1)(ii) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)5(i)(II). RESPONDENT HAD NOT LABELED UNIVERSAL WASTE LAMPS, OR THE CONTAINER OR PACKAGE IN WHICH THEY WERE STORED WITH ONE OF THEFOLLOWING PHRASES: "UNIVERSAL WASTE - LAMPS" "WASTE LAMPS" OR "USED LAMPS". EPA THEREFORE ALLEGES THAT RESPONDENT HASVIOLATED 40 CFR 273.14(e) AND TENN COMP R & REGS 1200-01-11-.12(2)(e)5. RESPONDENT HAD BEEN STORING UNIVERSAL WASTE LAMPS FOR GREATER THAN 1 YR WITHOUT MEETING THE REQUIREMENTS SET FORTH IN 40CFR 273.15(b) AND TENN COMP R & REGS 1200-01-11-.12(2)(f)2. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 273.15(a) AND TENNCOMP R. & REGS 1200-01-11-12(2)(f)1. RESPONDENT DID NOT HAVE A CURRENT COPY OF A HAZ WASTE REDUCTION PLAN. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATEDTENN CODE ANN 68-212-304(a).





Summary

7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON FEB 3, 2009, EPA AND TDEC CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. RESPONDENT WAS STORING HAZ WASTE IN 4 CONTAINERS THAT WERE INCORRECTLY LABELED DUE TO HUMAN ERROR WITH THE BEGINNING DATEOF ACCUMULATION. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORINGHAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2) AND TENN CODE R. & REGS1200-1-11-.03(4)(e)2(ii) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT WAS STORING UNIVERSAL WASTE (FLUORESCENT LIGHT BULBS) IN SIX OPEN CONTAINERS, AND WAS THEREFORE NOT MANAGINGTHE UNIVERSAL WASTE LAMPS IN A WAY THAT PREVENTED RELEASES TO THE ENVIRONMENT. EPA THEREFORE ALLEGES THAT RESPONDENT HASVIOLATED 40 CFR 273.13(d)(1) AND TENN COMP R. & REGS 1200-1-11-.12(2)(d)4(i)(1). RESPONDENT DID NOT HAVE AN UPDATED CONTINGENCY PLAN AT THE FACILITY. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATEDRCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILEDTO MEET THE 40 CFR 262.34(a)(4) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BYNOT COMPLYING WITH 40 CFR 265.54(c) AND TENN COMP R & REGS 1200.01-11-.05(4)(e)3. RESPONDENT DID NOT HAVE DOCMENTS OR RECORDS INDICATING THE JOB TITLE OR JOB DESCRIPTIONS FOR EACH POSITION AT THE FACILITYRELATED TO HAZ WASTE MANAGEMENT. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4), FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND TENNCOMP R. & REGS 1200-01-11-.03(4)(e)2(iv) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.16(d) ANDTENN COMP R & REGS 1200-01-11-.05(1)(g)(4). RESPONDENT WAS STORING GREATER THAN 55 GALLONS OF HAZARDOUS WASTE IN 5 CONTAINERS IN A SATELLITE ACCUMULATION AREA. EPATHEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT APERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION FOR PERMIT EXEMPTION AT 40 CFR 262.34(c)(1) AND TENNCOMP R & REGS 1200-01-11-.03(4)(e)5(i). RESPONDENT WAS STORING 5 CONTAINERS OF HAZ WASTE IN A SATELLITE ACCUMULATION AREA THAT WERE NOT LABELED WITH THE WORDS"HAZARDOUS WASTE" OR OTHER WORDS THAT IDENTIFIED THE CONTENTS OF THE CONTAINERS. EPA THEREFORE ALLEGES THAT RESPONDENTHAS VIOLATED RCRA 3005 AND TENN CODE ANN 68-212-105(4) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSERESPONDENT FAILED TO MEET A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(c)(1)(ii) AND TENN COMP R & REGS 1200-01-11-.03(4)(e)5(i)(II). RESPONDENT HAD NOT LABELED UNIVERSAL WASTE LAMPS, OR THE CONTAINER OR PACKAGE IN WHICH THEY WERE STORED WITH ONE OF THEFOLLOWING PHRASES: "UNIVERSAL WASTE - LAMPS" "WASTE LAMPS" OR "USED LAMPS". EPA THEREFORE ALLEGES THAT RESPONDENT HASVIOLATED 40 CFR 273.14(e) AND TENN COMP R & REGS 1200-01-11-.12(2)(e)5. RESPONDENT HAD BEEN STORING UNIVERSAL WASTE LAMPS FOR GREATER THAN 1 YR WITHOUT MEETING THE REQUIREMENTS SET FORTH IN 40CFR 273.15(b) AND TENN COMP R & REGS 1200-01-11-.12(2)(f)2. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 273.15(a) AND TENNCOMP R. & REGS 1200-01-11-12(2)(f)1. RESPONDENT DID NOT HAVE A CURRENT COPY OF A HAZ WASTE REDUCTION PLAN. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATEDTENN CODE ANN 68-212-304(a). 04-2010-4008 POLYCHEMIE, INC. 06/07/2010 RCRA 3008A AO For Comp And/Or Penalty6/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $75,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 16, 2008, REPS OF EPA AND MDEQ PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. ON DEC 9, 2008,RESPONDENT SUBMITTED INFO IN RESPONSE TO A REQUEST FOR INFO FROM EPA. ON MAY 7, 2009, EPA ISSUED A NOV ALLEGING CERTAINVIOLATIONS OF RCRA BASED UPON THE CEI AND RESPONSE TO THE REQUEST FOR INFO. RESPONDENT MANUFACTURES WATER-SOLUBLE POLYMERS THAT ARE USED IN MUNICIPAL AND INDUSTRIAL WASTEWATER TREATMENTOPERATIONS. THE FACILITY PRODUCTION PROCESSES INCLUDE AN ETHYLENE DICHLORIDE (EDC)/AMMONIA PROCESS, A POLYAMINES PROCESS, APOLYDIALLYLDIMETHYL-AMMONIUM CHLORIDE (DADMAC) MONOMER PROCESS, AND A DADMAC POLYMER PROCESS. RESPONDENT'S DADMAC MONOMER PRODUCTION PROCESS GENERATES A SOLID WASTE, "ALLYL CHLORIDE WASTE." THE ALLYL CHLORIDE WASTEFROM THE DADMAC MONOMER PRODUCTION PROCESS EXHIBITS THE CHARACTERISTICS OF IGNITABILITY UNDER 40 CFR 261.20 AND ISTHEREFORE A HAZ WASTE (D001). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPRESENTATIVES DETERMINED THAT RESPONDENT DID NOT SIGN THECERTIFICATION ON A MANIFEST DATED SEPT 22, 2006, BY HAND. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SIGN THE CERTIFICATIONON A MANIFEST DATED SEPT 22, 2006, BY HAND IN VIOLATION OF 40 CFR 262.23(a)(1). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT HAVE WEEKLY INSPECTIONRECORDS THAT DEMONSTRATED THE CONTAINER STORAGE AREA WAS INSPECTED EACH WEEK IN '07. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO CONDUCT WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREA EACH WEEK IN '07 ASREQUIRED BY 40 CFR PART 265, SUBPART I IN VIOLATION OF 40 CFR 265.174. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO ADEQUATELY INSPECT T-830 AND ITS ANCILLARY PIPING AT LEAST ONCE EACH OPERATINGDAY AND TO DOCUMENT SUCH INSPECTION IN ACCORDANCE WITH 40 CFR PART 265 SUBPART J. THEREFORE RESPONDENT WAS IN VIOLATION OF40 CFR 265.193(f) AND 265.195. AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO: A. MARK EACH PIECE OF EQUIPMENT TO WHICH 40 CFR PART 265 SUBPART BB APPLIES IN SUCH A MANNER THAT IT CAN BE DISTINGUISHEDREADILY FROM OTHER PIECES OF EQUIPMENT; AND B. PERFORM MONTHLY LEAK DETECTION MONITORING OF THE VALVES IN LIGHT LIQUID SERVICE; IN VIOLATION OF 40 CFR 265.1050(c). COMPLAINANT ALLEGEST THAT RESPONDENT FAILED TO CONDUCT MONTHLY MONITORING TO DETECT LEAKS ON EQUIPMENT TO WHICH 40 CFRPART 265, SUBPART BB APPLIES, USING THE METHODS AND PROCEDURES SPECIFIED IN 40 CFR 265.1063(b), FOR ALL VALVES IN LIGHT LIQUIDSERVICE. THEREFORE, RESPONDENT WAS IN VIOLATION OF 40 CFR 265.1057. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO RECORD THE TIME THAT SAMPLES WERE COLLECTED FOR TANK T-830 AS REQUIORED BY40 CFR PART 265, SUBPART CC. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.1090(b)(2)(i). AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT MARK HAZ WASTE TANK T-830 WITH THE START DATEFOR WHICH HAZ WASTE ACCUMULATION BEGAN. COMPLAINANT ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.34(a)(2), BY FAILING TOCLEARLY MARK ITS HAZ WASTE STORAGE TANKS WITH AN ACCUMULATION START DATE. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO LIST THE OFFICE AND HOME ADDRESSES OF ALL PERSONS QUALIFIED TO ACT AS ANEMERGENCY COORDINATOR AS REQUIRED BY 40 CFR PART 265, SUBPART D. THEREFORE RESPONDENT VIOLATED 40 CFR 265.52(d). COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZWASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a). THEREFORE, COMPLAINANT ALLEGESTHAT RESPONDENT WAS STORING HAZ WASTE W/OUT A PERMIT IN VIOLATION OF RCRA SEC 3005(a). EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO ADEQUATELY LABEL AND DATE A CONTAINER OF UNIVERSAL WASTE LAMPS INVIOLATION OF 40 CFR 273.14(e).





Summary

6/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $75,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 16, 2008, REPS OF EPA AND MDEQ PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. ON DEC 9, 2008,RESPONDENT SUBMITTED INFO IN RESPONSE TO A REQUEST FOR INFO FROM EPA. ON MAY 7, 2009, EPA ISSUED A NOV ALLEGING CERTAINVIOLATIONS OF RCRA BASED UPON THE CEI AND RESPONSE TO THE REQUEST FOR INFO. RESPONDENT MANUFACTURES WATER-SOLUBLE POLYMERS THAT ARE USED IN MUNICIPAL AND INDUSTRIAL WASTEWATER TREATMENTOPERATIONS. THE FACILITY PRODUCTION PROCESSES INCLUDE AN ETHYLENE DICHLORIDE (EDC)/AMMONIA PROCESS, A POLYAMINES PROCESS, APOLYDIALLYLDIMETHYL-AMMONIUM CHLORIDE (DADMAC) MONOMER PROCESS, AND A DADMAC POLYMER PROCESS. RESPONDENT'S DADMAC MONOMER PRODUCTION PROCESS GENERATES A SOLID WASTE, "ALLYL CHLORIDE WASTE." THE ALLYL CHLORIDE WASTEFROM THE DADMAC MONOMER PRODUCTION PROCESS EXHIBITS THE CHARACTERISTICS OF IGNITABILITY UNDER 40 CFR 261.20 AND ISTHEREFORE A HAZ WASTE (D001). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPRESENTATIVES DETERMINED THAT RESPONDENT DID NOT SIGN THECERTIFICATION ON A MANIFEST DATED SEPT 22, 2006, BY HAND. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SIGN THE CERTIFICATIONON A MANIFEST DATED SEPT 22, 2006, BY HAND IN VIOLATION OF 40 CFR 262.23(a)(1). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT HAVE WEEKLY INSPECTIONRECORDS THAT DEMONSTRATED THE CONTAINER STORAGE AREA WAS INSPECTED EACH WEEK IN '07. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO CONDUCT WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREA EACH WEEK IN '07 ASREQUIRED BY 40 CFR PART 265, SUBPART I IN VIOLATION OF 40 CFR 265.174. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO ADEQUATELY INSPECT T-830 AND ITS ANCILLARY PIPING AT LEAST ONCE EACH OPERATINGDAY AND TO DOCUMENT SUCH INSPECTION IN ACCORDANCE WITH 40 CFR PART 265 SUBPART J. THEREFORE RESPONDENT WAS IN VIOLATION OF40 CFR 265.193(f) AND 265.195. AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO: A. MARK EACH PIECE OF EQUIPMENT TO WHICH 40 CFR PART 265 SUBPART BB APPLIES IN SUCH A MANNER THAT IT CAN BE DISTINGUISHEDREADILY FROM OTHER PIECES OF EQUIPMENT; AND B. PERFORM MONTHLY LEAK DETECTION MONITORING OF THE VALVES IN LIGHT LIQUID SERVICE; IN VIOLATION OF 40 CFR 265.1050(c). COMPLAINANT ALLEGEST THAT RESPONDENT FAILED TO CONDUCT MONTHLY MONITORING TO DETECT LEAKS ON EQUIPMENT TO WHICH 40 CFRPART 265, SUBPART BB APPLIES, USING THE METHODS AND PROCEDURES SPECIFIED IN 40 CFR 265.1063(b), FOR ALL VALVES IN LIGHT LIQUIDSERVICE. THEREFORE, RESPONDENT WAS IN VIOLATION OF 40 CFR 265.1057. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO RECORD THE TIME THAT SAMPLES WERE COLLECTED FOR TANK T-830 AS REQUIORED BY40 CFR PART 265, SUBPART CC. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.1090(b)(2)(i). AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT MARK HAZ WASTE TANK T-830 WITH THE START DATEFOR WHICH HAZ WASTE ACCUMULATION BEGAN. COMPLAINANT ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.34(a)(2), BY FAILING TOCLEARLY MARK ITS HAZ WASTE STORAGE TANKS WITH AN ACCUMULATION START DATE. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO LIST THE OFFICE AND HOME ADDRESSES OF ALL PERSONS QUALIFIED TO ACT AS ANEMERGENCY COORDINATOR AS REQUIRED BY 40 CFR PART 265, SUBPART D. THEREFORE RESPONDENT VIOLATED 40 CFR 265.52(d). COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZWASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a). THEREFORE, COMPLAINANT ALLEGESTHAT RESPONDENT WAS STORING HAZ WASTE W/OUT A PERMIT IN VIOLATION OF RCRA SEC 3005(a). EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO ADEQUATELY LABEL AND DATE A CONTAINER OF UNIVERSAL WASTE LAMPS INVIOLATION OF 40 CFR 273.14(e).





Summary

6/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $75,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 16, 2008, REPS OF EPA AND MDEQ PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. ON DEC 9, 2008,RESPONDENT SUBMITTED INFO IN RESPONSE TO A REQUEST FOR INFO FROM EPA. ON MAY 7, 2009, EPA ISSUED A NOV ALLEGING CERTAINVIOLATIONS OF RCRA BASED UPON THE CEI AND RESPONSE TO THE REQUEST FOR INFO. RESPONDENT MANUFACTURES WATER-SOLUBLE POLYMERS THAT ARE USED IN MUNICIPAL AND INDUSTRIAL WASTEWATER TREATMENTOPERATIONS. THE FACILITY PRODUCTION PROCESSES INCLUDE AN ETHYLENE DICHLORIDE (EDC)/AMMONIA PROCESS, A POLYAMINES PROCESS, APOLYDIALLYLDIMETHYL-AMMONIUM CHLORIDE (DADMAC) MONOMER PROCESS, AND A DADMAC POLYMER PROCESS. RESPONDENT'S DADMAC MONOMER PRODUCTION PROCESS GENERATES A SOLID WASTE, "ALLYL CHLORIDE WASTE." THE ALLYL CHLORIDE WASTEFROM THE DADMAC MONOMER PRODUCTION PROCESS EXHIBITS THE CHARACTERISTICS OF IGNITABILITY UNDER 40 CFR 261.20 AND ISTHEREFORE A HAZ WASTE (D001). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPRESENTATIVES DETERMINED THAT RESPONDENT DID NOT SIGN THECERTIFICATION ON A MANIFEST DATED SEPT 22, 2006, BY HAND. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SIGN THE CERTIFICATIONON A MANIFEST DATED SEPT 22, 2006, BY HAND IN VIOLATION OF 40 CFR 262.23(a)(1). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT HAVE WEEKLY INSPECTIONRECORDS THAT DEMONSTRATED THE CONTAINER STORAGE AREA WAS INSPECTED EACH WEEK IN '07. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO CONDUCT WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREA EACH WEEK IN '07 ASREQUIRED BY 40 CFR PART 265, SUBPART I IN VIOLATION OF 40 CFR 265.174. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO ADEQUATELY INSPECT T-830 AND ITS ANCILLARY PIPING AT LEAST ONCE EACH OPERATINGDAY AND TO DOCUMENT SUCH INSPECTION IN ACCORDANCE WITH 40 CFR PART 265 SUBPART J. THEREFORE RESPONDENT WAS IN VIOLATION OF40 CFR 265.193(f) AND 265.195. AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO: A. MARK EACH PIECE OF EQUIPMENT TO WHICH 40 CFR PART 265 SUBPART BB APPLIES IN SUCH A MANNER THAT IT CAN BE DISTINGUISHEDREADILY FROM OTHER PIECES OF EQUIPMENT; AND B. PERFORM MONTHLY LEAK DETECTION MONITORING OF THE VALVES IN LIGHT LIQUID SERVICE; IN VIOLATION OF 40 CFR 265.1050(c). COMPLAINANT ALLEGEST THAT RESPONDENT FAILED TO CONDUCT MONTHLY MONITORING TO DETECT LEAKS ON EQUIPMENT TO WHICH 40 CFRPART 265, SUBPART BB APPLIES, USING THE METHODS AND PROCEDURES SPECIFIED IN 40 CFR 265.1063(b), FOR ALL VALVES IN LIGHT LIQUIDSERVICE. THEREFORE, RESPONDENT WAS IN VIOLATION OF 40 CFR 265.1057. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO RECORD THE TIME THAT SAMPLES WERE COLLECTED FOR TANK T-830 AS REQUIORED BY40 CFR PART 265, SUBPART CC. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.1090(b)(2)(i). AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT MARK HAZ WASTE TANK T-830 WITH THE START DATEFOR WHICH HAZ WASTE ACCUMULATION BEGAN. COMPLAINANT ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.34(a)(2), BY FAILING TOCLEARLY MARK ITS HAZ WASTE STORAGE TANKS WITH AN ACCUMULATION START DATE. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO LIST THE OFFICE AND HOME ADDRESSES OF ALL PERSONS QUALIFIED TO ACT AS ANEMERGENCY COORDINATOR AS REQUIRED BY 40 CFR PART 265, SUBPART D. THEREFORE RESPONDENT VIOLATED 40 CFR 265.52(d). COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZWASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a). THEREFORE, COMPLAINANT ALLEGESTHAT RESPONDENT WAS STORING HAZ WASTE W/OUT A PERMIT IN VIOLATION OF RCRA SEC 3005(a). EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO ADEQUATELY LABEL AND DATE A CONTAINER OF UNIVERSAL WASTE LAMPS INVIOLATION OF 40 CFR 273.14(e). 04-2010-4009 NORTH CAROLINA

AGRICULTURAL ANDTECHNICAL STATEUNIVERSITY


8/3/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $39,619. ORDER ALLEGES: ON MAY 19, 2009, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. RESPONDENT FAILED TO MEET THE REQUIREMENTS IN SECTION 3005 OF RCRA, 40 CFR SECTION 262.34(f), AND 15 A N.C.A.C 13A.0107(c). THESEREGULATIONS REQUIRE A SMALL QUANTITY GENERATOR WHO STORES HAZARDOUS WASTE FOR MORE THAN 180 DAYS TO OBTAIN A PERMIT FORTHE TREATMENT, STORAGE, AND DISPOSAL OF HAZARDOUS WASTE IN ACCORDANCE WITH THE REQUIREMENTS OF 40 CFR PART 270. RESPONDENT FAILED TO ADHERE TO A CONDITION EXEMPTION FROM RCRA SECTION 3005 FOUND AT 40 CFR SECTION 262.34(a)(3) AND 15 N.C.A.C13A.0107. THESE REGULATIONS REQUIRE THAT CONTAINERS OF HAZARDOUS WASTE THAT ARE ACCUMULATED ON-SITE MUST BE LABELED WITHTHE WORDS "HAZARDOUS WASTE." EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA SECTION 3005. 04-2010-4250 PCS PHOSPHATES (WHITE

SPRINGS, FL)06/02/2010 RCRA 7003 AO For Imminent Hazard





Summary6/2/10 - ADMINISTRATIVE ORDER ON CONSENT, RCRA 7003, ISSUED. THIS ORDER PROVIDES FOR THE MANAGEMENT OF PCS'S 3 PHOSPHOGYPSUMSTACK SYSTEMS (PGSSs) TO MITIGATE THE LONG-TERM RISK TO HUMAN HEALTH AND THE ENVIRONMENT IN THE ENVENT OF THE FORMATION AND/OR COLLAPSE OF ADDITIONAL SINKHOLES, INCLUDING ADDITIONAL WORK THAT MAY BE REQUIRED BY SECTION XIII OF THIS ORDER. 04-2010-4251 CAMPBELL HAUSFELD/SCOTT

FETZER COMPANY07/23/2010 RCRA 3013A AO For Testing & Reporting

7/23/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: PURSUANT TO SECTION 3013(a) OF RCRA, 42 U.S.S. SECTION 6934(a), EPA HAS DETERMINED THAT THERE MAY BE A SUBSTANTIAL HAZARD TOHUMAN HEALTH OR THE ENVIRONMENT DUE TO THE PRESENCE AND/OR RELEASE OF HAZARDOUS WASTES AND CONTITUENTS AT OR FROM THEFACILITY.04-2010-4501 ALPINE UTILITIES INC./STOOP

CREEK WASTEWATERTREATMENT PLANT


3/4/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,000, DUE WITHIN 30 DAYS. 04-2010-4502 SHEPHERDSVILLE, KY, CITY

OF07/21/2010 CWA 309G2B AO For Class II Penalties

7/21/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $40,000. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: RESPONDENT OWNED AND/OR OPERATED A WASTEWATER TREATMENT PLANT AND ITS ASSOCIATED SEWER COLLECTION AND TRANSMISSIONSYSTEM (CTS) WHICH HAS BEEN ISSUED AN NPDES PERMIT. RESPONDENT HAS EXPERIENCED, AND CONTINUES TO EXPERIENCE, SSOs IN ITS CTS. EPA AND RESPONDENT ENTERED INTO CONSENT AGMT AND CONSENT ORDER FOR COMPLIANCE NO. CWA 04-2006-4767, FILED ON APR 25, 2006,WHICH REQUIRED RESPONDENT TO IMPLEMENT REMEDIAL MEASURES TO ADDRESS SSOs IN ITS CTS. BECAUSE RESPONDENT DID NOT FULLYCOMPLY WITH THE CONSENT AGMT, EPA ISSUED ADMIN ORDER NO. CWA-04-2009-4796 TO RESPONDENT ON AUG 21, 2009, WHICH AGAIN REQUIREDRESPONDENT TO IMPLEMENT CERTAIN REMEDIAL MEASURES TO ADDRESS SSOs. 04-2010-4503 E.I. DUPONT DE NEMOURS

AND COMPANY03/11/2010 CWA 309G2B AO For Class II Penalties





Summary3/11/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $59,000, DUE WITHIN 30 DAYS. NCDENR ISSUED NPDES PERMIT NO. NC0003760 TO UNIFI FOR THE DISCHARGE OF ITS TREATED PROCESS AND SANITARY WASTEWATERS,REMEDIATED GROUNDWATER, TREATED STEAM CONDENSATE, TREATED LANDFILL LEACHATE, STORMWATER, AND NON-CONTACT COOLING WATERFROM SIX OUTFALLS. THE PERMIT BECAME EFFECTIVE ON NOV 1, 2006 AND EXPIRED ON DEC 31, 2007. BECAUSE A PERMIT RENEWAL APPLICATIONWAS SUBMITTED BY UNIFI TO NCDENR IN A TIMELY MANNER PRIOR TO EXPIRATION, THE EXPIRED PERMIT REMAINED ACTIVE UNTIL A NEW PERMITIS ISSUED. WHEN DUPONT TOOK OWNERSHIP OF THE FACILITY, A NAME/OWNERSHIP CHANGE REQUEST FOR THE PERMIT WAS SUBMITTED TONCDENR. THESE MODIFICATIONS BECAME EFFECTIVE ON JUNE 23, 2008. AN UPDATED PERMIT RENEWAL APPLICATION HAS BEEN SUBMITTED TONCDENR BY DUPONT; A NEW PERMIT HAS NOT BEEN ISSUED TO DATE. THE PERMIT REQUIRES COMPLIANCE WITH THE EFFLUENT LIMITS SET FORTH IN THE PERMIT. THE DEMONSTRATE COMPLIANCE DUPONT MONITORSITS DISCHARGES AND SUBMITS MONTHLY DISCHARGE MONITORING REPORTS (DMRs) TO NCDENR DESCRIBING THE RESULTS OF THE MONITORING.THE DMRs SUBMITTED TO NCDENR BY DUPONT, SINCE IT BECAME THE OWNER OF THE FACILITY, INDICATE THAT DUPONT HAS DISCHARGED LEVELSOF MERCURY IN EXCESS OF THE TOTAL MERCURY LIMITATION ESTABLISHED IN ITS PERMIT IN SEPT 2008 FROM OUTFALL 002, AND DURING THEMONTHS JULY - DEC 2008 AND FEB AND MARCH 2009 FROM OUTFALL 003. THEREFORE, RESOPNDENT HAS VIOLATED SECTIONS 302(a) AND 402 OFTHE CWA BY FAILING TO COMPLY WITH THE PERMIT AND FOR DISCHARGES ABOVE THE LIMITS ALLOWED BY THE PERMIT.04-2010-4504 LEXINGTON SEWAGE



4/27/2010 - CONSENT AGREEMEN AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTYDAYS. ORDER ALLEGES: RESPONDENT HAS DISCHARGED POLLUTANTS IN VIOLATION OF EFFLUENT LIMITTIONS ESTABLISHED IN PART I. SECTION 1.OF ITS PERMIT. THE SPECIFIC VIOLATIONS ARE AS FOLLOWS: A. PH, DAILY MINIMUM, DURING MONTH OF APRIL 2005; B. TOTAL RESIDUAL CHLORINE, DAILY MAXIMUM CONCENTRATION, DURING THE MONTHS DECEMBER 2005; NOVEMBER-DECEMBER 2006; OCTOBER2007; JANUARY-FEBRUARY, APRIL, NOVEMBER-DECEMBER 2008; AND FEBRUARY 2009; C. AMMONIA, MONTHLY AVERAGE CONCENTRATION, DURING THE MONTH MAY 2006; D. E. COLI DURING THE MONTHS OCTOBER 2006 AND DECEMBER 2008 E. DISSOLVED OXYGEN, DAILY MAXIMUM CONCENTRATION, DURING THE MONTHS SEPTEMBER 2007; JANUARY AND OCTOBER 2008.04-2010-4505 CLEVELAND BROTHERS, INC. -

MIMMS TRAIL03/04/2010 CWA 309G2A AO For Class I Penalties





Summary3/4/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000. ON FEB 25, 2009, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S DEVELOPMENTTO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEIs, EPA INSPECTORS OBSERVED THE FOLLOWING: A. A SIGN WAS NOT POSTED AT THE FRONT ENTRANCE TO THE DEVELOPMENT THAT INCLUDED THE ADEM NPDES REGISTRATION INFO. B. THE CBMPP AND INSPECTION REPORTS WERE NOT AVAILABLE FOR REVIEW. C. RAINFALL DATA WAS NOT AVAILABLE FOR REVIEW AND THERE WAS NOT RAIN GAUGE OBSERVED ON-SITE. D. BMPs WERE NOT BEING IMPLEMENTED OR MAINTAINED; DOUBLE-ROW SILT FENCING BELOW THE DOUBLE CULVERT OUTLET STRUCTURE WASBEING OVERTOPPED WITH SEDIMENT ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT AND SILT FENCING BELOW THE OUTFALL TO PONDB NEEDED MAINTENANCE; STORM DRAIN INLETS NEEDED APPROPRIATE PROTECTION AND MAINTENANCE TO PREVENT ANY FURTHER SEDIMENTFROM ENTERING THE UNNAMED TRIBUTARY OF CHEWACLA CREEK; THE CONSTRUCTION ENTRANCE/EXIT DID NOT HAVE APPROPRIATE ROCK INPLACE TO PREVENT SEDIMENT FROM TRACKING OFF-SITE; THE OUTFALLS AT THE TWO SEDIMENT BASINS NEEDED MAINTENANCE ANDAPPROPRIATE RIP-RAP PROTECTION; SEVERAL AREAS WITH GULLY AND RILL EROSION NEEDED STABILIZATION; AND THE ENTIRE DEVELOPMENTNEEDED TO BE STABILIZED IF NO ADDITIONAL WORK WAS GOING TO TAKE PLACE WITHIN THE NEXT 13 DAYS. BMPs WERE NOT BEING IMPLEMENTEDOR MAINTAINED. E. THE TWO OUTFALLS AT SEDIMENT BASINS DO NOT CORRELATE WITH THE ONE OUTFALL IDENTIFIED ON THE NOR SUBMITTED TO ADEM, ANDTHERE WAS NO WRITTEN NOTICE NOR A REVISED NOR INDICATING A CHANGE IN THE INFO CONTAINED IN THE NOR. F. SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARY OF CHEWACLA CREEK WERE OBSERVED. THE STREAM CROSSING ON THE SW PORTIONOF THE DEVELOPMENT DID NOT HAVE ADEQUATE STABILIZATION ALONG THE STREAM BANKS TO PREVENT SEDIMENT ACCUMULATION FROMREACHING DOWNSTREAM PORTIONS OF THE UNNAMED TRIBUTARY OF CHEWACLA CREEK. THE DOWNSTREAM PORTION OF THE TRIBUTARYSHOWED EVIDENCE OF SEDIMENT ACCUMULATION BETWEEN 8"-12" IN DEPTH, AND SEDIMENT IMPACTS WERE ESTIMATED TO SPAN APPROX 0.2MILES ALONG THE TRIBUTARY. WETLAND DELINEATION MARKERS WERE OBSERVED ALONG THIS SEGMENT. SEDIMENT DISCHARGES WERE NOTMINIMIZED OR PREVENTED TO THE MAXIMUM EXTENT PRACTICABLE. G. A CHECK DAM WAS OBSERVED IN THE UT OF CHEWACLA CREEK. NO BMPs SHOULD BE INSTALLED IN A SURFACE WATER UNLESS AUTHORIZED. 04-2010-4506 CRESCENT RESOURCES, LLC/

CITY BOULEVARD (US-29)/NC-49






Summary4/23/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO COMPLY WITH THE NCDENR PERMIT AND FOR DISCHARGES NOT AUTHORIZED BY THEPERMIT. IN VIOLATION OF CWA SECTIONS 301 AND 402.04-2010-4507 LENOIR, NC, CITY OF 06/09/2010 CWA 309G2A AO For Class I Penalties6/9/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $3,000, DUE WITHIN 30 DAYS. RESPONDENT SUBMITTED THE ANNUAL SLUDGE REPORT FOR CALENDAR YEAR 2008 ON MARCH 25, 2009. THE 2008 ANNUAL SLUDGE REPORTINDICATED THAT RESPONDENT LAND APPLIED APPROX 1,294 DRY METRIC TONS OF SEWAGE SLUDGE DURING THE CALENDAR YEAR. 40 CFR 503.13(a)(1) STATES: "BULK SEWAGE SLUDGE ... SHALL NOT BE APPLIED TO THE LAND IF THE CONCENTRATION OF ANY POLLUTANT IN THE SEWAGESLUDGE EXCEEDS THE CEILING CONCENTRATION FOR THE POLLUTANT IN TABLE 1 OF 503.13." RESPONDENT'S ANNUAL SLUDGE REPORTINDICATED THE LABORATORY RESULTS FOR THE BIMONTHLY PERIOD ANNALYZED ON OCT 21, 2008 REPORTED THE MOLYBDENUMCONCENTRATION WAS 299 MILIGRAMS PER KILOGRAM ON A DRY WEIGHT BASIS.04-2010-4508 JDG INVESTMENTS, INC.

(WHITE OAK LANDING PHASEIII)






Summary5/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $5,000 DUE WITHIN 30 DAYS. ON SEPT 24, 2008, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'SDEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED. THE LEVEL SPREADER #3-2 DESCRIBED IN THE PLAN WAS NOT INSTALLED AT THE SEDIMENTTRAP #4 OUTFALL. THE CHECK DAMS IN THE DRAINAGE DITCHES WERE NOT INSTALLED PER THE DESIGN AND SPECIFICATIONS IN THE PLAN. B. INSPECTION REPORTS WERE MISSING FOR THE FOLLOWING DATES: FEB 1, 2008; MARCH 7, 2008; MARCH 12, 2008; APR 25, 2008; APR, 28, 2008; JUL4, 2008; JULY 5, 2008; JULY 6, 2008; JULY 19, 2008; JULY 31, 2009, AUGUST 20, 2008; AUGUST 27, 2009, AUGUST 30, 2008, AND SEPT 6, 2008; AND NORAIN GAUGE WAS OBSERVED. C. INSPECTION REPORTS DID NOT INCLUDE AN EXPLANATION OF CORRECTIVE ACTIONS TAKEN TO ADDRESS SEDIMENT DISCHARGES OBSERVEDENTERING THE UNNAMED TRIBUTARY OF WHITE OAK CREEK FROM SEDIMENT TRAP #4 OFF STREET "F", MEASURES TAKEN TO CONTROL FUTURERELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS. D. STORMWATER CONTROLS WERE NOT OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY. SILT FENCING ON THE SE PORTIONS OF THEDEVELOPMENT OFF STREETS "D" AND "E" NEEDED MAINTENANCE. SEDIMENT TRAP #4 OFF STREET "F" HAD DOUBLE-ROW SILT FENCING BELOW ITTHAT NEEDED TO BE REPLACED. SILT FENCING ON THE SW PORTION OF THE DEVELOPMENT OFF STREET "G" NEEDED MAINTENANCE. A STORMDRAIN INLET AT THE INTERSECTION OF STREETS "D" AND "E" NEEDED ADEQUATE PROTECTION. ANOTHER STORM DRAIN INLET OFF OF STREET "G"NEEDED MAINTENANCE. DRAINAGE DITCHES OFF OF THE CUL-DE-SAC OF STREET "D" AND STREET "D" NEEDED TO BE STABILIZED TO PREVENTFURTHER EROSION. E. DISCHARGES WERE NOT BEING MINIMIZED OR PREVENTED. SEDIMENT TRAP #4 NEEDED MAINTENANCE AS SEDIMENT WAS OBSERVED LEAVINGTHE SITE AND ENTERING THE UNNAMED TRIBUTARY OF WHITE OAK CREEK. 04-2010-4509 PONTOTOC UNION LEE

ALLIANCE AND EUTAWCONSTRUCTION COMPANY,INC. - BLUE SPRINGS RAILSPUR

04/27/2010 CWA 309G2B AO For Class II Penalties





Summary4/27/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $40,000. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO COMPLY WITH THE MDEQ PERMIT, AND FOR DISCHARGES NOT AUTHORIZED BY THEPERMIT. IN VIOLATION OF THE CWA SECTIONS 301 AND 402(p).04-2010-4510 PONTOTOC UNION LEE

ALLIANCE & L&TCONSTRUCTION, INC. /BLUESPRINGS NORTH LOOPINTERCHANGE






Summary5/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $30,000. ALLEGATIONS: PONTOTOC UNION LEE ALLIANCE ("PUL") IS A PARTNERSHIP FORMED UNDER THE LAWS OF MISSISSIPPI, AND L&T CONSTRUCTION IS ACORPORATION DULY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF MISSISSIPPI. AT ALL TIMES RELEVANT TO THIS ACTION, PUL AND L&T OWNED AND/OR OPERATED A CONSTRUCTION SITE KNOWN AS BLUE SPRINGS NORTH LOOPINTERCHANGE LOCATED AT U.S. HWY 78 AND STATE ROUTE 9, BLUE SPRINGS, MS. ON MAY 12, 2009, EPA AND MDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. APPROX 90 ACRES OF LAND WERE CLEARED AND UNDER CONSTRUCTION. THE SWPPP WAS NOT SITE-SPECIFIC AND CONTAINED BMPs THAT HADNOT BEEN IMPLEMENTED. PUL AND/OR L&T FAILED TO DEVELOP AND IMPLEMENT AN APPROPRIATE SWPPP, OR AMEND THE SWPPP, REFLECTIVEOF THE CONSTRUCTION ACTIVITIES. B. NO VEGETATIVE COVER, SEEDING, MULCHING, SODDING, GEOTEXTILES OR SOIL REINFORCEMENT MATERIAL WERE PRESENT AT THEDEVELOPMENT, SOIL WAS NOT STABILIZED, AND SURFACE AREA EXPOSURE WAS NOT MINIMIZED. C. SOME OF THE SILT FENCES WERE NOT PROPERTY INSTALLED AND OTHERS WERE FULL OF SEDIMENT; THE STORM DRAIN OUTLET WAS NOTPROTECTED; AND A SEDIMENT POND AND CHECK DAM WERE INSTALLED IN THE TRIBUTARY OF RYAN CREEK. PUL AND/OR L&T FAILED TOPROPERTY INSTALL AND/OR MAINTAIN EROSION CONTROLS ALONG THE TRIBUTARIES OF RYAN AND CALDWELL CREEKS. D. THE SWPPP DID NOT INCLUDE POST-CONSTRUCTION MEASURES, LEGIBLE DIAGRAMS OF EROSION AND SEDIMENT CONTROLS, OR THE TIMINGOF ALL MAJOR LAND-DISTURBING ACTIVITIES WITH APPLICABLE CONTROLS MEASURES. E. SEDIMENT WAS OBSERVED IN THE TRIBUTARIES OF RYAN AND CALDWELL CREEKS NORTH OF HWY 78. ADDITIONAL BMPs HAD NOT BEENINSTALLED TO PREVENT SEDIMENT FROM LEAVING THE DEVELOPMENT. F. INSPECTION REPORTS OF EROSION CONTROLS WERE NOT AVAILABLE.





Summary04-2010-4511 CLARK/CADDELL, A JOINT

VENTURE SATOC TRAINEEBARRACKS AT HARMONYCHURCH, FORT BENNING, GA(FF)


7/20/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $32,400. RESPONDENT SHALL MAKE PAYMENT OF $32,400. ORDER ALLEGES: RESPONDENT FAILED TO COMPLY WITH THE GAEPD PERMIT; AND ALSO FOR DISCHAREGES NOT AUTHORIZED BY THE GAEPD PERMIT. IN VIOLATIONOF CWA SECTIONS 301 AND 402. 04-2010-4512 WESTOVER DEVELOPMENT,

LLC - VILLAGES OFWESTOVER


7/20/2010 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED, ASSESSING A PENALTY OF $7,500. RESPONDENT SHALL MAKE THE FIRSTINSTALLMENT PAYMENT OF $937.50, WITHIN THIRTY DAYS. THE LAST PAYMENT OF $937.50, IS DUE WITHIN 22 MONTHS OF THE EFFECTIVE DATE OFTHE CAFO. ORDER ALLEGES: RESPONDENT FAILED TO COMPLY WITH THE ADEM PERMIT REGULATIONS, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE ADEM PERMITREGULATIONS. IN VIOLATION OF THE CWA SECTIONS 301 AND 402.04-2010-4513 LOUDON UTILITIES 07/13/2010 CWA 309G2A AO For Class I Penalties





Summary7/13/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $25,000, DUE WITHIN 60 DAYS. DEFICIENCIES IN RESPONDENT'SSEWERAGE INFRASTRUCTURE MOM PROGRAMS FOUND IN THE SELF-ASSESSMENT LED EPA REGION 4 AND RESPONDENT TO ENTER INTOCONSENT AGMT AND CONSENT ORDER FOR COMPLIANCE ("CONSENT AGMT"), NO. CWA-04-2003-4789, FILED ON MARCH 13, 2003, WHICH REQUIREDRESPONDENT TO DEVELOP AND IMPLEMENT VARIOUS MOM PROGRAMS FOR THE UTILITY'S CTS TO ENSURE ELIMINATION OF SANITARY SEWEROVERFLOWS (SSOs). SSOs ARE ANY DISCHARGE TO WATERS OF THE UNITED STATES FROM THE CTS THRU POINT SOURCES NOT SPECIFIED IN ANNPDES PERMIT, AS WELL AS ANY RELEASE OF WASTEWATER FROM THE CTS TO PUBLIC OR PRIVATE PROPERTY THAT DOES NOT REACH WATERSOF THE U.S., SUCH AS A RELEASE TO A LAND SURFACE OR STRUCTURE THAT DOES NOT REACH WATERS OF THE UNITED STATES. RESPONDENTFAILED TO DEVELOP AND/OR IMPLEMENT, IN WHOLE OR IN PART, THE MOM PROGRAMS AS OUTLINES IN THE CONSENT AGREEMENT AND FAILED TOSUBMIT SEMI-ANNUAL REPORTS AS REQUIRED IN THE CONSENT AGMT. DUE TO RESPONDENT'S FAILURE TO COMPLY WITH THE CONSENT AGMT,EPA ISSUED ADMINISTRATIVE ORDER CWA-04-2009-4813, ON OCT 1, 2009, WHICH SUPERSEDES THE CONSENT AGMT. SINCE THE ISSUANCE OF THECONSENT AGMT, RESPONDENT'S CTS HAS EXPERIENCED SSOs. EPA ALLEGES THAT RESPONDENT HAS VIOLATED SECTION 301(a) OF THE CWA BYDISCHARGED UNTREATED SANITARY SEWAGE CONTAINING POLLUTANTS TO WATERS OF THE U.S. AT LOCATIONS NOT AUTHORIZED BY AN NPDESPERMIT AND BY FAILING TO PROPERLY OPERATE AND MAINTAIN THE CTS AS REQUIRED BY THE PERMIT AND DEFINED IN 40 CFR 122.41(e)RESULTING IN SSOs.04-2010-4514 CAPSTONE DEVELOPERS, LLC

- WELLESLEY S/D PHASE III07/20/2010 CWA 309G2A AO For Class I Penalties

7/20/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000. ORDER ALLEGES: RESPONDENT FAILED TO COMPLY WITH THE PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT. IN VIOLATION OF CWASECTIONS 301 & 402.04-2010-4515 BROOKE'S CROSSING, LLC -

BROOKE'S CROSSINGSUBDIVISION


7/20/2010 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED, ASSESSING A PENALTY OF $7,500. RESPONDENT SHALL MAKE PAYMENTWITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO COMPLY WITH THE ADEM PERMIT REGULATIONS; AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE ADEM PERMITREGULATIONS. IN VIOLATION OF THE CWA SECTION 301 AND 402.04-2010-4517 EARL COULSTON/FALLBROOK 08/10/2010 CWA 309G2A AO For Class I Penalties





Summary8/10/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO COMPLY WITH THE SCDHEC PERMIT.04-2010-4519 BOONE, NC, TOWN OF 08/09/2010 CWA 309G2A AO For Class I Penalties8/9/2010 - CONSENT AGREEMENT AND FINAL ORDER ASSESSING A PENALTY OF $900, RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO TIMELY SUBMIT AN ANNUAL SLUDGE REPORT TO EPA IN ACCORDANCE WITH 40 C.F.R SECTION 503.18.04-2010-4521 MONTICELLO, FL,CITY OF 08/09/2010 CWA 309G2A AO For Class I Penalties8/9/2010 - CONSENT AGREEMENT AND FINAL ORDER ASSESSING A PENALTY OF $900, RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO TIMELY SUBMIT AN ANNUAL SLUDGE REPORT TO EPA IN ACCORDANCE WITH 40 C.F.R SECTION 503.18.04-2010-4522 COCOA, FL, CITY OF 08/09/2010 CWA 309G2A AO For Class I Penalties8/9/2010 - CONSENT AGREEMENT AND FINAL ORDER ASSESSING A PENALTY OF $900, RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT FAILED TO TIMELY SUBMIT AN ANNUAL SLUDGE REPORT TO EPA IN ACCORDANCE WITH 40 C.F.R SECTION 503.18.04-2010-4750 MISSISSIPPI DEPARTMENT OF

TRANSPORTATION, STATEROUTE 19 (MDOT, SR 19)






Summary11/5/09 - ADMINISTRATIVE ORDER ISSUED. ON JUNE 15, 2009, EPA'S CONTRACTOR AND MDEQ PERFORMED A COMPLIANCE STORM WATEREVALUATION INSPECTION (CSWEI) AT MDOT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER. DURING THECSWEI, EPA'S CONTRACTOR OBSERVED THE FOLLOWING: A. THE SWPPP DID NOT INCLUDE THE TIMING OF ALL MAJOR LAND-DISTURBING ACTIVITIES WITH APPLICABLE CONTROL MEASURES, AS REQUIREDBY SECTION ACT6 CONDITION T-9 OF THE PERMIT. B. TRENCHES HAD BEEN CUT AROUND THE SEDIMENT PONDS AT TALLASHUA CREEK APPROX 2 WEEKS PRIOR TO THE CSWEI, AND CAUSED STORMWATER RUNOFF TO CIRCUMVENT SILT FENCING AND CHECK DAMS; NO OTHER BMPs WERE IMPLEMENTED TO PREVENT EROSION. VEHICLE TRACKSAND SEDIMENT WERE OBSERVED IN TALLASHUA CREEK. OTHER SILT FENCING WAS NOT PROPERLY INSTALLED. MDOT FAILED TO TAKEREASONABLE STEPS TO PREVENT SEDIMENT DISCHARGES, AND FAILED TO PROPERLY INSTALL BMPs, AS REQUIRED BY SECTION ACT6,CONDITIONS T-2(4), T-2(5), AND T-3(2); SECTION ACT7 CONDITIONS S-1(5) AND S-1(6) AND SECTION AT11 CONDITION T-2 OF THE PERMIT. C. BMPs WERE NOT IN PACE BEFORE CLEARING A GRADING NEAR THE BANKS OF THREAT BRANCH WHICH EXPOSED BARE SOIL NEXT TO THECREEK. SEDIMENT WAS OBSERVED IN THREAT BRANCH. MDOT FAILED TO TAKE REASONABLE STEPS TO PREVENT SEDIMENT DISCHARGES, ANDFAILED TO MAKE SURE ALL BMPs WERE IN PLACE BEFORE COMMENCEMENT OF CONSTRUCTION AS REQUIRED BY SECTION ACT7 CONDITIONS S-1(2) AND S-1(5) AND S-1(6); AND SECTION ACT11 CONDITION T-2 OF THE PERMIT. D. TRENCHES HAD BEEN CUT AROUND THE SEDIMENT PONDS AT TALLASHUA CREEK APPROX 2 WEEKS PRIOR TO THE CSWEI, AND MDOT FAILED TONOTIFY ORALLY OR IN WRITING OF THIS UNANTICIPATED NONCOMPLIANCE AS REQUIRED BY SECTION ACT 11 CONDITION T-18 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, AMEND THE SWPPP TO INCLUDE THE TIMING OF ALL MAJOR LAND-DISTURBING ACTIVITIES WITH APPLICABLE CONTROLMEASURES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, INSTALL ADDITIONAL BMPs TO PREVENT SEDIMENT FROM DISCHARGING INTO TALLASHUA CREEK AND/OR FILL IN THE DITCH THATCIRCUMVENTS THE CHECK DAMS AND SILT FENCING; AND PROPERLY MAINTAIN AND/OR INSTALL BMPs INCLUDING THE SILT FENCING AROUNDINLETS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, INSTALL ADDITIONAL BMPs TO PREVENT SEDIMENT FROM DISCHARGING INTO THREAT BRANCH. WITHIN 30 DAYS, SUBMITDOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. 04-2010-4751 TABOR CITY WASTEWATER

MANAGEMENT DEPARTMENT10/15/2009 CWA 309A AO For Compliance





Summary10/15/09 - ADMINISTRATIVE ORDER ISSUED. THE DMRs SUBMITTED TO NCDENR BY TABOR CITY INDICATED THAT TABOR CITY HAS DISCHARGED (1)LEVELS OF MERCURY IN EXCESS OF THE TOTAL MERCURY LIMITATION ESTABLISHED IN ITS PERMIT FROM JULY 2007 THRU MAY 2009, WITH THEEXCEPTION OF DEC 2007 AND APRIL 2009; (2) LEVELS OF BIOCHEMICAL OXYGEN DEMAND IN EXCESS OF THE BIOCHEMICAL OXYGEN DEMANDLIMITATION ESTABLISHED IN ITS PERMIT DURING NOV 2006, AND SEPT-OCT 2008; (3) LEVELS OF TOTAL RESIDUAL CHLORINE IN EXCESS OF THETOTAL RESIDUAL CHLORINE LIMITATION ESTABLISHED IN ITS PERMIT DURING JANUARY AND MAY 2007 AND MAY 2009; AND (4) LEVELS OF NITROGENAMMONIA IN EXCESS OF THE NITROGEN AMMONIA LIMITATION ESTABLISHED IN ITS PERMIT FROM NOV-DEC 2007. 04-2010-4752 WRIGLEYVILLE DEVELOPMENT

CO, INC./WRIGLEYVILLE S/D11/13/2009 CWA 309A AO For Compliance

11/13/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO MINIMIZE OFF-SITE VEHICLE TRACKING OF SEDIMENT ATTHE ACCESS TO 36TH STREET, AS REQUIRED UNDER BY ACT7 CONDITION S-1(7) OF THE PERMIT. RESPONDENT FAILED TO PROPERLY INSTALL ASILT FENCE JOINT AND FAILED TO MAINTAIN THE SILT FENCE ON THE EAST AND WEST PERIMETER OF THE DEVELOPMENT, AS REQUIRED BYSECTION ACT7 CONDITION S-2(9) OF THE PERMIT. RESPONDENT FAILED TO CONDUCT AND DOCUMENT WEEKLY INSPECTIONS OF ALL EROSION ANDSEDIMENT CONTROLS, AS REQUIRED BY SECTION ACT7 CONDITION S-4 OF THE PERMIT. RESPONDENT FAILED TO COMPLY WITH THE MDEQ PERMIT.IN VIOLATION OF CWA SECTIONS 301 AND 402.04-2010-4753 THE TRINITY DEVELOPMENT

GROUP, LTD CO. (CYPRESSLANDING SUBDIVISION)






Summary11/24/09 - ADMINISTRATIVE ORDER ISSUED. ON JUNE 17, 2009, EPA'S CONTRACTOR AND MDEQ PERFORMED A COMPLIANCE STORMWATEREVALUATION INSPECTION (CSWEI) AT TDG'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEI,EPA OBSERVED THE FOLLOWING: A. TDG FAILED TO PROPERLY DEVELOP AND IMPLEMENT A SWPPP. AN EROSION AND SEDIMENT CONTROL E&SC) PLAN WAS BEING USED AS THESWPPP BUT IT DID NOT MEET ALL REQUIREMENTS OF THE SWPPP. B. TDG FAILED TO PROVIDE TEMPORARY OR PERMANENT VEGETATIVE COVER WITHIN 7 CALENDAR DAYS AFTER DETERMINING THE DISTURBEDAREA WAS GOING TO BE LEFT UNDISTURBED FOR 30 DAYS OR MORE. C. TDG FAILED TO IMPLEMENT THE SWPPP. CONSTRUCTION ENTRANCE CONTROLS AND SILT FENCING AROUND THE SITE PERIMETER WERE NOTIMPLEMENTED AS INDICATED IN THE E&SC PLAN. D. TDG FAILED TO MAINTAIN SILT FENCING AT THE END OF THE WESTERNMOST CULVERT. E. TDG FAILED TO CONDUCT AND DOCUMENT WEEKLY SITE INSPECTIONS OF ALL EROSION AND SEDIMENT CONTROLS AND OTHER SWPPPREQUIREMENTS TO ENSURE THE CONTROLS HAVE BEEN PROPERLY CONSTRUCTED AND MAINTAINED. ORDER REQUIRES: A. IMMEDIATELY, PROPERLY DEVELOP AND IMPLEMENT A SWPPP THAT MEETS ALL SPECIFIED CONDITIONS LISTED IN THE PERMIT. WITHIN 30 DAYS,SUBMIT A COPY OF THE SWPPP AND SUBMIT DOCUMENTATION OF BMP IMPLEMENTATION AS DESCRIBED IN THE SWPPP. B. IMMEDIATELY, PROVIDE VEGETATIVE COVER TO THE AREAS OF THE SITE WHERE GRADING OR CONSTRUCTION HAS CEASED FOR 30 DAYS.WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, REPAIR AND MAINTAIN SILT FENCING. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, CONDUCT WEEKLY INSPECTIONS OF ALL EROSION AND SEDIMENT CONTROLS AND DOCUMENT THESE INPECTIONSACCORDINGLY. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. WITHIN 120 DAYS, PROVIDE COPIES OF ALLINSPECTION REPORTS FOR EACH MONTH AFTER THE EFFECTIVE DATE OF THIS ORDER.04-2010-4756 ALABAMA DEPARTMENT OF

TRANSPORTATION,BUTTERMILK ROAD PROJECT(AL-DOT)






Summary1/21/10 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. AT ALL TIMES RELEVANT TO THIS ACTION, ALDOT OWNED AND/OR OPERATED ACONSTRUCTION SITE KNOWN AS THE BUTTERMILK ROAD PROJECT, A 2.2 MILE PROJECT LOCATED AT COUNTY ROAD 85, NORTH OF COUNTY ROAD37, TO 0.3 MILES NORTH OF I.59 AT COUNTY ROAD 1481, IN TUSCALOOSA, AL. ON OCT 15, 2009, EPA IN CONJUNCTION WITH ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT ALDOT'SDEVELOPMENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE CBMPP WAS NOT CURRENT AND UP TO DATE FOR THE CONDITIONS THAT EXISTED AT THE SITE. THE CBMPPP NEEDED RE-EVALUATION FORBMPs FOR INLET/OUTLET PROTECTION, A SEDIMENT TRAP AND/OR DIVERSION STRUCTURE AT SEDIMENT BASIN D, CHECK DAMS AT STA #1-2,ADDITIONAL RIP RAP AT THE STORM DRAIN NORTH OF SEDIMENT BASIN B, AND ADDITIONAL SEEDING. B. BMPs WERE NOT FULLY IMPLEMENTED, MAINTAINED OR EFFECTIVE IN PREVENTING SEDIMENT DISCHARGE AND TO MINIMIZE ADVERSE IMPACTS.THE ROAD CROSSING/STORM PIPE EXTENSION NEAR BRADFORM LANE WAS ALLOWING SEDIMENT LOSS INTO A STORMWATER DITCH CONNECTEDTO A STORM WATER SYSTEM WHICH DISCHARGES INTO AN UNNAMED TRIBUTARY AND THEN TO COTTONDALE CREEK. C. REMEIDATION OF OFF-SITE SEDIMENTATION, AND MEASURES TO PREVENT OR MINIMIZE SEDIMENT DISCHARGE TO THE MAXIMUM EXTENTPRACTICABLE WERE NOT TAKEN. SEDIMENT WAS OBSERVED IN THE UNNAMED TRIBUTARY TO COTTONDALE CREEK BELOW SEDIMENT BASIN D. ORDER REQUIRES: A. WITHIN 30 CALENDAR DAYS, REVISED, SUBMIT AND IMPLEMENT A CBMPP DEPICTING CURRENT SITE CONDITIONS THAT MEETS THEREQUIREMENTS OF THE PERMIT REGULATIONS. B. IMMEDIATLY, FULLY IMPLEMENT AND/OR MAINTAIN BMPs, AND PREVENT SEDIMENT DISCHARGES TO MINIMIZE ADVERSE IMPACTS. WITHIN 30DAYS, SUBMIT DOCUMENTATION DEMONSTRATING THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, REMEDIATE OFF-SITE SEDIMENTATION, AND TAKE MEASURES TO PREVENT OR MINIMIZE SEDIMENT DISCHARGE TO THE MAXIMUMEXTENT PRACTICABLE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET.04-2010-4757 BUCHANAN LUMBER MOBILE,


12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, BY FAILING TOCOMPLY WITH THE ADEM PERMIT.04-2010-4758 PHARR YARNS, LLC 01/19/2010 CWA 309A AO For Compliance1/19/10 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: PHARR YARNS HAS VIOLATED SEC 301(a) OF THE CWA AND THE PERMIT, IN THAT PHARR YARNS FAILED TO COMPLY WITH THEEFFLUENT LIMITS AND REQUIREMENTS OF THE PERMIT. ORDER REQUIRES: A. WITHIN 6 MONTHS, SUBMIT A COMPREHENSIVE PERFORMANCE EVALUATION (CPE) TO EPA FOR REVIEW AND APPROVAL. 1. THE CPE SHALL MEET THE FOLLOWING OBJECTIVES: (a) EVALUTE THE MAJOR UNIT PROCESSES; (b) IDENTIFY ALL PERFORMANCE-LIMITINGFACTORS; (c) PRIORITZE PERFORMANCE LIMITING FACTORS; (d) ASSESS THE ABILITY OF A COMPOSITE CORRECTION PLAN (CCP) TO IMPROVEPERFORMANCE; AND (e) REPORT TO EPA THE RESULTS OF THE CPE. 2. THE CPE SHALL ALSO EVALUATE THE CAUSE OF ANY EFFLUENT LIMIT VIOLATION OCCURRING AT THE WWTP WITHIN THE LAST 3 YRS. 3. THE CPE SHALL EVALUATE THE MAJOR UNIT PROCESSES, TO INCLUDE, AT A MINIMUM: a. A PERFORMANCE SUMMAYR, WITH SUPPORTING DATA, OF THE PRIMARY AND SECORDY TREATMENT EQUIPMENT AND PROCESSESINCLUDING, AT MINIMUM, THE AERATION BASIN, MIX CHAMBER (POLYMER/ALUM), SECONDARY CLARIFIERS, RETURN SLUDGE CONTROL/PROCESS,EFFLUENT FILTER, AND DISINFECTION. 4. THE CPE SHALL ALSO SPECIFICALLY ADDRESS THE FOLLOWING: a. THE PROCESS OF MIXING THE RAW INFLUENT WASTEWATER DIRECTLY WITH IN RETURN SLUDGE. b. OPERATING PROCEDURES FOR WEEKEND/NON-WORKING DAY PLANT OPERATIONS AND ITS AFFECT ON THE TREATMENT PROCESS. c. AN ANALYSIS OF THE AFFECTS THAT DRAMATIC INFLUENT CHANGES HAVE ON THE AERATION BASIN PERFORMANCE AND ANY OTHERSECONDARY TREATMENT PROCESS DUE TO CHANGES IN INFLUENT PROPERTIES CAUSED BY CHANGES IN THE MANUFACTURING PROCESS (I.E.,CUSTOMER ORDER CHANGES). 5. CPE SHALL SPECIFICALLY STATE ANY LIMITING FACTORS, EITHER IN THE TREATMENT PROCESS OR IN PLANT CONFIGURATION, WHICH MAYINTERFERE WITH THE WWTP'S ABILITY TO CONSISTENTLY KEEP THE WASTEWATER EFFLUENT W/IN EFFLUENT LIMITATIONS LISTED IN PART(A) OFTHE PERMIT. 6. UPON REVIEW OF THE CPE, EPA MAY (1) APPROVE, IN WHOLE OR IN PART, OR (2) PROVIDE COMMENTS TO PHARR YARNS IDENTIFYING THEDEFICIENCIES. UPON RECEIPT OF EPA COMMENTS, PHARRS YARNS SHALL HAVE 45 DAYS TO REVISE AND RESUBMIT THE CPE FOR REVIEW ANDAPPROVAL. 7. THE CPE SHALL ESTABLISH PROCEDURES THAT PHARR YARNS WILL USE TO PREPARE A CCP, AS SET FORTH BELOW, BASED ON THE RESULTSOF THE CPE. B. PHARR YARNS SHALL PREPARE AND SUBMIT FOR EPA REVIEW AND APPROVAL A COMPOSITE CORRECTION PLAN (CCP) WITHIN 6 MONTHS AFTEREPA APPROVAL OF THE CPE. THE PURPOSE OF THE CCP IS TO IDENTIFY REHAB AND/OR UPGRADES TO THE WWTP THAT WILL ADDRESS THEPROBLEMS IDENTIFIED IN THE CPE. THE CCP SHALL: (1) ADDRESS ALL FACTORS WHICH LIMIT OR WHICH COULD LIMIT THE WWTP'S ABILITY TOCONSISTENTLY ACHIEVE NPDES PERMIT COMPLIANCE; (2) IDENITFY SPECIFIC ACTIONS AND SCHEDULES TO CORRECT EACH LIMITING FACTOR,INCLUDING CAPITAL IMPROVEMENT TO THE EXISTING WWPT WHERE APPROPRIATE; AND (3) EVALUATE ALL APPROPRIATE ALTERNATIVE ANDPROVIDE EXPEDITIOUS SCHEDULES FOR ACHIEVING COMPLIANCE, BUT IN NO EVENT SHALL SUCH SCHEDULES EXTEND BEYOND 12 MONTHS AFTERTHE APPROVAL DATE OF THE CCP. C. PHARR YARNS SHALL SUBMIT A COPY OF THE MONTHLY DMRs TO EPA, CONCURRENT WITH STATE SUBMITTAL, COMMENCING ON THE FIRST OFTHE MONTH AFTER THE EFFECTIVE DATE OF THIS ORDER AND UNTIL SUCH TIME AS THIS ORDER IS DEEMED SATISFIED IN ACCORDANCE WITHPARA 23.





Summary

1/19/10 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: PHARR YARNS HAS VIOLATED SEC 301(a) OF THE CWA AND THE PERMIT, IN THAT PHARR YARNS FAILED TO COMPLY WITH THEEFFLUENT LIMITS AND REQUIREMENTS OF THE PERMIT. ORDER REQUIRES: A. WITHIN 6 MONTHS, SUBMIT A COMPREHENSIVE PERFORMANCE EVALUATION (CPE) TO EPA FOR REVIEW AND APPROVAL. 1. THE CPE SHALL MEET THE FOLLOWING OBJECTIVES: (a) EVALUTE THE MAJOR UNIT PROCESSES; (b) IDENTIFY ALL PERFORMANCE-LIMITINGFACTORS; (c) PRIORITZE PERFORMANCE LIMITING FACTORS; (d) ASSESS THE ABILITY OF A COMPOSITE CORRECTION PLAN (CCP) TO IMPROVEPERFORMANCE; AND (e) REPORT TO EPA THE RESULTS OF THE CPE. 2. THE CPE SHALL ALSO EVALUATE THE CAUSE OF ANY EFFLUENT LIMIT VIOLATION OCCURRING AT THE WWTP WITHIN THE LAST 3 YRS. 3. THE CPE SHALL EVALUATE THE MAJOR UNIT PROCESSES, TO INCLUDE, AT A MINIMUM: a. A PERFORMANCE SUMMAYR, WITH SUPPORTING DATA, OF THE PRIMARY AND SECORDY TREATMENT EQUIPMENT AND PROCESSESINCLUDING, AT MINIMUM, THE AERATION BASIN, MIX CHAMBER (POLYMER/ALUM), SECONDARY CLARIFIERS, RETURN SLUDGE CONTROL/PROCESS,EFFLUENT FILTER, AND DISINFECTION. 4. THE CPE SHALL ALSO SPECIFICALLY ADDRESS THE FOLLOWING: a. THE PROCESS OF MIXING THE RAW INFLUENT WASTEWATER DIRECTLY WITH IN RETURN SLUDGE. b. OPERATING PROCEDURES FOR WEEKEND/NON-WORKING DAY PLANT OPERATIONS AND ITS AFFECT ON THE TREATMENT PROCESS. c. AN ANALYSIS OF THE AFFECTS THAT DRAMATIC INFLUENT CHANGES HAVE ON THE AERATION BASIN PERFORMANCE AND ANY OTHERSECONDARY TREATMENT PROCESS DUE TO CHANGES IN INFLUENT PROPERTIES CAUSED BY CHANGES IN THE MANUFACTURING PROCESS (I.E.,CUSTOMER ORDER CHANGES). 5. CPE SHALL SPECIFICALLY STATE ANY LIMITING FACTORS, EITHER IN THE TREATMENT PROCESS OR IN PLANT CONFIGURATION, WHICH MAYINTERFERE WITH THE WWTP'S ABILITY TO CONSISTENTLY KEEP THE WASTEWATER EFFLUENT W/IN EFFLUENT LIMITATIONS LISTED IN PART(A) OFTHE PERMIT. 6. UPON REVIEW OF THE CPE, EPA MAY (1) APPROVE, IN WHOLE OR IN PART, OR (2) PROVIDE COMMENTS TO PHARR YARNS IDENTIFYING THEDEFICIENCIES. UPON RECEIPT OF EPA COMMENTS, PHARRS YARNS SHALL HAVE 45 DAYS TO REVISE AND RESUBMIT THE CPE FOR REVIEW ANDAPPROVAL. 7. THE CPE SHALL ESTABLISH PROCEDURES THAT PHARR YARNS WILL USE TO PREPARE A CCP, AS SET FORTH BELOW, BASED ON THE RESULTSOF THE CPE. B. PHARR YARNS SHALL PREPARE AND SUBMIT FOR EPA REVIEW AND APPROVAL A COMPOSITE CORRECTION PLAN (CCP) WITHIN 6 MONTHS AFTEREPA APPROVAL OF THE CPE. THE PURPOSE OF THE CCP IS TO IDENTIFY REHAB AND/OR UPGRADES TO THE WWTP THAT WILL ADDRESS THEPROBLEMS IDENTIFIED IN THE CPE. THE CCP SHALL: (1) ADDRESS ALL FACTORS WHICH LIMIT OR WHICH COULD LIMIT THE WWTP'S ABILITY TOCONSISTENTLY ACHIEVE NPDES PERMIT COMPLIANCE; (2) IDENITFY SPECIFIC ACTIONS AND SCHEDULES TO CORRECT EACH LIMITING FACTOR,INCLUDING CAPITAL IMPROVEMENT TO THE EXISTING WWPT WHERE APPROPRIATE; AND (3) EVALUATE ALL APPROPRIATE ALTERNATIVE ANDPROVIDE EXPEDITIOUS SCHEDULES FOR ACHIEVING COMPLIANCE, BUT IN NO EVENT SHALL SUCH SCHEDULES EXTEND BEYOND 12 MONTHS AFTERTHE APPROVAL DATE OF THE CCP. C. PHARR YARNS SHALL SUBMIT A COPY OF THE MONTHLY DMRs TO EPA, CONCURRENT WITH STATE SUBMITTAL, COMMENCING ON THE FIRST OFTHE MONTH AFTER THE EFFECTIVE DATE OF THIS ORDER AND UNTIL SUCH TIME AS THIS ORDER IS DEEMED SATISFIED IN ACCORDANCE WITHPARA 23.





Summary

1/19/10 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: PHARR YARNS HAS VIOLATED SEC 301(a) OF THE CWA AND THE PERMIT, IN THAT PHARR YARNS FAILED TO COMPLY WITH THEEFFLUENT LIMITS AND REQUIREMENTS OF THE PERMIT. ORDER REQUIRES: A. WITHIN 6 MONTHS, SUBMIT A COMPREHENSIVE PERFORMANCE EVALUATION (CPE) TO EPA FOR REVIEW AND APPROVAL. 1. THE CPE SHALL MEET THE FOLLOWING OBJECTIVES: (a) EVALUTE THE MAJOR UNIT PROCESSES; (b) IDENTIFY ALL PERFORMANCE-LIMITINGFACTORS; (c) PRIORITZE PERFORMANCE LIMITING FACTORS; (d) ASSESS THE ABILITY OF A COMPOSITE CORRECTION PLAN (CCP) TO IMPROVEPERFORMANCE; AND (e) REPORT TO EPA THE RESULTS OF THE CPE. 2. THE CPE SHALL ALSO EVALUATE THE CAUSE OF ANY EFFLUENT LIMIT VIOLATION OCCURRING AT THE WWTP WITHIN THE LAST 3 YRS. 3. THE CPE SHALL EVALUATE THE MAJOR UNIT PROCESSES, TO INCLUDE, AT A MINIMUM: a. A PERFORMANCE SUMMAYR, WITH SUPPORTING DATA, OF THE PRIMARY AND SECORDY TREATMENT EQUIPMENT AND PROCESSESINCLUDING, AT MINIMUM, THE AERATION BASIN, MIX CHAMBER (POLYMER/ALUM), SECONDARY CLARIFIERS, RETURN SLUDGE CONTROL/PROCESS,EFFLUENT FILTER, AND DISINFECTION. 4. THE CPE SHALL ALSO SPECIFICALLY ADDRESS THE FOLLOWING: a. THE PROCESS OF MIXING THE RAW INFLUENT WASTEWATER DIRECTLY WITH IN RETURN SLUDGE. b. OPERATING PROCEDURES FOR WEEKEND/NON-WORKING DAY PLANT OPERATIONS AND ITS AFFECT ON THE TREATMENT PROCESS. c. AN ANALYSIS OF THE AFFECTS THAT DRAMATIC INFLUENT CHANGES HAVE ON THE AERATION BASIN PERFORMANCE AND ANY OTHERSECONDARY TREATMENT PROCESS DUE TO CHANGES IN INFLUENT PROPERTIES CAUSED BY CHANGES IN THE MANUFACTURING PROCESS (I.E.,CUSTOMER ORDER CHANGES). 5. CPE SHALL SPECIFICALLY STATE ANY LIMITING FACTORS, EITHER IN THE TREATMENT PROCESS OR IN PLANT CONFIGURATION, WHICH MAYINTERFERE WITH THE WWTP'S ABILITY TO CONSISTENTLY KEEP THE WASTEWATER EFFLUENT W/IN EFFLUENT LIMITATIONS LISTED IN PART(A) OFTHE PERMIT. 6. UPON REVIEW OF THE CPE, EPA MAY (1) APPROVE, IN WHOLE OR IN PART, OR (2) PROVIDE COMMENTS TO PHARR YARNS IDENTIFYING THEDEFICIENCIES. UPON RECEIPT OF EPA COMMENTS, PHARRS YARNS SHALL HAVE 45 DAYS TO REVISE AND RESUBMIT THE CPE FOR REVIEW ANDAPPROVAL. 7. THE CPE SHALL ESTABLISH PROCEDURES THAT PHARR YARNS WILL USE TO PREPARE A CCP, AS SET FORTH BELOW, BASED ON THE RESULTSOF THE CPE. B. PHARR YARNS SHALL PREPARE AND SUBMIT FOR EPA REVIEW AND APPROVAL A COMPOSITE CORRECTION PLAN (CCP) WITHIN 6 MONTHS AFTEREPA APPROVAL OF THE CPE. THE PURPOSE OF THE CCP IS TO IDENTIFY REHAB AND/OR UPGRADES TO THE WWTP THAT WILL ADDRESS THEPROBLEMS IDENTIFIED IN THE CPE. THE CCP SHALL: (1) ADDRESS ALL FACTORS WHICH LIMIT OR WHICH COULD LIMIT THE WWTP'S ABILITY TOCONSISTENTLY ACHIEVE NPDES PERMIT COMPLIANCE; (2) IDENITFY SPECIFIC ACTIONS AND SCHEDULES TO CORRECT EACH LIMITING FACTOR,INCLUDING CAPITAL IMPROVEMENT TO THE EXISTING WWPT WHERE APPROPRIATE; AND (3) EVALUATE ALL APPROPRIATE ALTERNATIVE ANDPROVIDE EXPEDITIOUS SCHEDULES FOR ACHIEVING COMPLIANCE, BUT IN NO EVENT SHALL SUCH SCHEDULES EXTEND BEYOND 12 MONTHS AFTERTHE APPROVAL DATE OF THE CCP. C. PHARR YARNS SHALL SUBMIT A COPY OF THE MONTHLY DMRs TO EPA, CONCURRENT WITH STATE SUBMITTAL, COMMENCING ON THE FIRST OFTHE MONTH AFTER THE EFFECTIVE DATE OF THIS ORDER AND UNTIL SUCH TIME AS THIS ORDER IS DEEMED SATISFIED IN ACCORDANCE WITHPARA 23. 04-2010-4759 HILLSIDE, LLC/HILLSIDE S/D -

SECTION 202/07/2010 CWA 309A AO For Compliance

2/17/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON OCTOBER 28, 2009, REPRESENTATIVES OF EPA IN CONJUNCTION WITH KDEPPERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION ("CSWEI") AT THE DEVELOPMENT TO EVALUATE THE TREATMENT ANDDISPOSAL OF STORMWATER IN ACCORDANCE WITH CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR SECTION 122.26, AND THEPERMIT. AS A RESULT OF THE CSWEI, EPA, REGION 4 HAS DETERMINED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WASDISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF SECTION 402(p) OF THE CWA, 33 U.S.C. SECTION 1342(p) AND ITS IMPLEMENTINGREGULATIONS. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE GRASS STABILIZATION WAS FAILING ON THE FILL MATERIAL DEPOSITED ON THE NORTH SIDE OF THE DEVELOPMENT, RESULTING INSEDIMENT AND DEBRIS DEPOSITS AT THE BOTTOM OF THE HILL AND TO FLOYDS FORK. RIPRAP WAS INSTALLED AT THE EDGE OF THE HILLSIDE TOPREVENT EROSION, BUT WAS NOT EFFECTIVE IN PREVENTING FURTHER EROSION B. THE NOI, SWPPP, AND RECORDS OF INSPECTION REPORTS WERE NOT AVAILABLE ON SITE. THE NOI AND THE SWPPP WERE SUPPLIED TO EPAAFTER THE INSPECTION; HOWEVER, NO INSPECTION REPORTS HAVE BEEN PROVIDED NOR WERE INSPECTIONS BEING CONDUCTED. C. THE STORM DRAIN OUTLET AT THE NORTHEAST OF THE DEVELOPMENT HAD BEEN DISCONNECTED DUE TO EROSION, AND THE RIPRAP, SILTFENCING, AND THE STONE BAG CHECK DAM VELOCITY DISSIPATION DEVICES AT THIS OUTFALL HAD NOT BEEN INSTALLED AND MAINTAINED. THEREFORE, RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p)OF THE CWA, BY FAILING TO COMPLY WITH PART IV.D OF THE PERMIT, ANDALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT.04-2010-4760 BURNS CONSTRUCTION CO,

INC. - JAMESTOWN VILLAS04/28/2010 CWA 309A AO For Compliance





Summary4/28/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO COMPLY WITH THE ADEM PERMIT. IN VIOLATION OF THE CWASECTIONS 301 AND 402(p).04-2010-4761 SHELBY COUNTY, TENNESSEE

(SHELBY COUNTY HOUSTONLEVEE ROAD IMPROVEMENT)


4/6/10 - ADMINISTRATIVE ORDER ISSUED. ON NOV 4, 2009, EPA IN CONJUNCTION WITH TDEC, CONDUCTED A COMPLIANCE STORM WATER EVLUATION INSPECTION (CSWEI) AT HOUSTONLEVEE ROAD (SITE) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA, THE REGULATIONSPROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE TDEC PERMIT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. SHELBY COUNTY FAILED TO RETAIN A SWPPP ON-SITE AND FAILED TO POST A CONTACT PHONE NUMBER IF THE SWPPP IS LOCATED OFF-SITE INACCORDANCE WITH SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. SHELBY COUNTY ALSO FAILED TO POST NEAR THE MAIN ENTRANCE OF THECONTRACTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) THE NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER; (2) NAME, COMPANYNAME, EMAIL ADDRESS (IF AVAILABLE), PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACT PERSON; (3) BRIEFDESCRIPTION OF THE SITE; AND (4) LOCATION OF THE SWPPP IF IT IS NOT LOCATED ON-SITE, IN ACCORDANCE WITH SECTION 3.3.2 OF THE PERMIT. B. SHELBY COUNTY FAILED TO DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS IN ACCORDANCE WITH SECTIONS 3.5.3.1AND 6.14 OF THE PERMIT. SILT FENCES THROUGHOUT THE SITE WERE NOT MAINTAINED, THE MAJORITY OF THE CULVERTS WERE NOT PROTECTED,EROSION CONTROLS WERE NOT ESTABLISHED, AND THE SITE WAS NOT STABILIZED 15 OF DISTURBANCE. C. SHELBY COUNTY FAILED TO ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF-SITE VEHICLE TRACKING OF SEDIMENTS ANDTHE GENERATION OF DUST, IN ACCORDANCE WITH SECTION 3.5.5 OF THE PERMIT. D. SHELBY COUNTY FAILED TO CONDUCT INSPECTIONS AT LEASE TWICE EVERY CALENDAR WEEK, FAILED TO MAINTAIN INSPECTIONDOCUMENTATION ON-SITE, AND FAILED TO KEEP COPIES OF THE INSPECTOR CERTIFICATION OR TRAINING RECORDS ON-SITE, IN ACCORDANCEWITH SECTIONS 3.5.8.1 AND 3.5.8.2 OF THE PERMIT. E. SHELBY COUNTY FAILED TO PREVENT SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARIES OF GRAYS AND MARYS CREEKS BY FAILING TODESIGN, INSTALL, AND MAINTAIN EROSION CONTROLS, BY NOT STABILIZING THE SOILS ON TEH SITE, AND BY NOT CONTAINING AND/ORCONTROLLING STORM WATER RUN-OFF, AS REQUIRED BY SECTIONS 4.3.2 AND 6.4 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, RETAIN A SWPPP ONSITE AND POST A CONTACT PHONE NUMBER IF THE SWPPP IS LOCATED OFF SITE. ALSO, TO POST NEAR THEMAIN ENTRANCE OF THE CONSTRUCTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER;(2) NAME, COMPANY NAME, EMAIL ADDRESS (IF AVAILABLE), PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACTPERMIT; (3) A BRIEF DESCRIPTION OF THE PROJECT; AND (4) LOCATION OF THE SWPPP IF IT IS NOT LOCATED ON SITE. WITHIN 30 DAYS, SUBMIT ACOCPOY OF THE SITE SWPPP AND PHOTS TO SHOW THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS. SILT FENCES THROUGHOUT THE SITE MUST BEMAINTAINED AND CULVERTS MUST BE PROTECTED AS TO PREVENT EROSION. DISTURBED AREAS OF THE SITE MUST BE STABILIZED. WITHIN 30DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIRMENT HAS BEEN MET. C. IMMEDIATELY, ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF SITE VEHICLE TRACKING OF SEDIMENTS AND THEGENERATION OF DUST. WITHIN 30 DAYS, INCLUDING PHOTOS THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, CONDUCT INSPECTIONS AT LEAST TWICE EVERY CALENDAR WEEK AND MAINTAIN INSPECTION DOCUMENTATION AND INSPECTORCERTIFICATION OR TRAINING RECORDS ON SITE. WITHIN 30 DAYS, SUBMIT COPIES OF THE SITE INSPECTION REPORTS FOR OCT, NOV AND DEC2009. E. IMMEDIATELY, PREVENT SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARIES OF GRAY'S AND MARY'S CREEKS BY PROTECTING THE AREASADJACENT TO THE CULVERTS; BY STABILIZING THE SOILS ON THE SITE; AND BY CONTAINING AND/OR CONTROLLING STORM WATER RUN-OFF.WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET.





Summary

4/6/10 - ADMINISTRATIVE ORDER ISSUED. ON NOV 4, 2009, EPA IN CONJUNCTION WITH TDEC, CONDUCTED A COMPLIANCE STORM WATER EVLUATION INSPECTION (CSWEI) AT HOUSTONLEVEE ROAD (SITE) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA, THE REGULATIONSPROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE TDEC PERMIT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. SHELBY COUNTY FAILED TO RETAIN A SWPPP ON-SITE AND FAILED TO POST A CONTACT PHONE NUMBER IF THE SWPPP IS LOCATED OFF-SITE INACCORDANCE WITH SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. SHELBY COUNTY ALSO FAILED TO POST NEAR THE MAIN ENTRANCE OF THECONTRACTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) THE NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER; (2) NAME, COMPANYNAME, EMAIL ADDRESS (IF AVAILABLE), PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACT PERSON; (3) BRIEFDESCRIPTION OF THE SITE; AND (4) LOCATION OF THE SWPPP IF IT IS NOT LOCATED ON-SITE, IN ACCORDANCE WITH SECTION 3.3.2 OF THE PERMIT. B. SHELBY COUNTY FAILED TO DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS IN ACCORDANCE WITH SECTIONS 3.5.3.1AND 6.14 OF THE PERMIT. SILT FENCES THROUGHOUT THE SITE WERE NOT MAINTAINED, THE MAJORITY OF THE CULVERTS WERE NOT PROTECTED,EROSION CONTROLS WERE NOT ESTABLISHED, AND THE SITE WAS NOT STABILIZED 15 OF DISTURBANCE. C. SHELBY COUNTY FAILED TO ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF-SITE VEHICLE TRACKING OF SEDIMENTS ANDTHE GENERATION OF DUST, IN ACCORDANCE WITH SECTION 3.5.5 OF THE PERMIT. D. SHELBY COUNTY FAILED TO CONDUCT INSPECTIONS AT LEASE TWICE EVERY CALENDAR WEEK, FAILED TO MAINTAIN INSPECTIONDOCUMENTATION ON-SITE, AND FAILED TO KEEP COPIES OF THE INSPECTOR CERTIFICATION OR TRAINING RECORDS ON-SITE, IN ACCORDANCEWITH SECTIONS 3.5.8.1 AND 3.5.8.2 OF THE PERMIT. E. SHELBY COUNTY FAILED TO PREVENT SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARIES OF GRAYS AND MARYS CREEKS BY FAILING TODESIGN, INSTALL, AND MAINTAIN EROSION CONTROLS, BY NOT STABILIZING THE SOILS ON TEH SITE, AND BY NOT CONTAINING AND/ORCONTROLLING STORM WATER RUN-OFF, AS REQUIRED BY SECTIONS 4.3.2 AND 6.4 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, RETAIN A SWPPP ONSITE AND POST A CONTACT PHONE NUMBER IF THE SWPPP IS LOCATED OFF SITE. ALSO, TO POST NEAR THEMAIN ENTRANCE OF THE CONSTRUCTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER;(2) NAME, COMPANY NAME, EMAIL ADDRESS (IF AVAILABLE), PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACTPERMIT; (3) A BRIEF DESCRIPTION OF THE PROJECT; AND (4) LOCATION OF THE SWPPP IF IT IS NOT LOCATED ON SITE. WITHIN 30 DAYS, SUBMIT ACOCPOY OF THE SITE SWPPP AND PHOTS TO SHOW THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS. SILT FENCES THROUGHOUT THE SITE MUST BEMAINTAINED AND CULVERTS MUST BE PROTECTED AS TO PREVENT EROSION. DISTURBED AREAS OF THE SITE MUST BE STABILIZED. WITHIN 30DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIRMENT HAS BEEN MET. C. IMMEDIATELY, ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF SITE VEHICLE TRACKING OF SEDIMENTS AND THEGENERATION OF DUST. WITHIN 30 DAYS, INCLUDING PHOTOS THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, CONDUCT INSPECTIONS AT LEAST TWICE EVERY CALENDAR WEEK AND MAINTAIN INSPECTION DOCUMENTATION AND INSPECTORCERTIFICATION OR TRAINING RECORDS ON SITE. WITHIN 30 DAYS, SUBMIT COPIES OF THE SITE INSPECTION REPORTS FOR OCT, NOV AND DEC2009. E. IMMEDIATELY, PREVENT SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARIES OF GRAY'S AND MARY'S CREEKS BY PROTECTING THE AREASADJACENT TO THE CULVERTS; BY STABILIZING THE SOILS ON THE SITE; AND BY CONTAINING AND/OR CONTROLLING STORM WATER RUN-OFF.WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET.04-2010-4762 MEMPHIS, TN, CITY OF

(APPLING/I-40 NW PLANNEDDEVELOPMENT)






Summary4/6/10 - ADMINISTRATIVE ORDER ISSUED. ON NOV 4, 2009, EPA IN CONJUNCTION WITH TDEC CONDUCTED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THEDEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. THE CITY OF MEMPHIS FAILED TO RETAIN A SWPPP ON-SITE AS REQUIRED BY SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. B. THE CITY OF MEMPHIS FAILED TO DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS AS REQUIRED BY SECTIONS 3.5.3.1AND 6.14 OF THE PERMIT. SILT FENCES THROUGHOUT THE DEVELOPMENT WERE NOT MAINTAINED, A STORMWATER INLET WAS NOT PROTECTED;AND AREAS OF THE DEVELOPMENT AND THE BANKS OF THE SEDIMENTATION POND WERE NOT STABILIZED WITHIN 15 DAYS OF DISTURBANCE. D. THE CITY OF MEMPHIS FAILED TO ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF-SITE VEHICLE TRACKING OF SEDIMENTSAND THE GENERATION OF DUST, AS REQUIRED BY SECTION 3.5.5 OF THE PERMIT. E. THE CIYT OF MEMPHIS FAILED TO PREVENT SEDIMENT DISCHARGES INTO FLETCHER CREEK BY FAILING TO DESIGN, INSTALL, AND MAINTAINEROSION CONTROLS; BY NOT STABILIZING THE SOILS ON THE DEVELOPMENT; AND BY NOT CONTAINING AND/OR CONTROLLING STORM WATERRUN-OFF, AS REQUIRED BY SECTIONS 4.3.2 AND 6.4 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, RETAIN A SWPPP ON-SITE. WITHIN 30 DAYS, SUBMIT A COPY OF THE DEVELOPMENT'S SWPPP. B. IMMEDIATELY, DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS ON THE DEVELOPMENT. SILT FENCES THROUGHOUTTHE DEVELOPMENT MUST BE MAINTAINED AND STROMWATER INLETS MUST BE PROTECTED. DISTURBED AREAS OF THE DEVELOPMENT MUST BESTABILIZED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF-SITE VEHICLE TRACKING OF SEDIMENTS AND THEGENERATION OF DUST. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOGRAPHS, THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, PREVENT SEDIMENT DISCHARGES INTO FLETCHER CREEK BY MAINTAINING SILT FENCES, PROTECTING THE STORMWATERINLETS, BY STABLIZING THE SOILS ON THE DEVELOPMENT; AND BY CONTAINING AND/OR CONTROLLING STORM WATER RUN-OFF. WITHIN 30 DAYS,SUBMIT DOCUMENTATION, INCLUDING PHOTOGRAPHS, THAT THIS REQUIREMENT HAS BEEN MET.





Summary04-2010-4763 SALT RIVER DEVELOPMENT

COMPANY, LLC - CEDARGROVE PHASE 3 PARK LOOPROAD


4/20/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: BASED ON THE INSPECTION CONDUCTED, IT HAS BEEN DETERMINED THATRESPONDENT VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, BY FAILING TO COMPLY WITH PART IV.D OF THE PERMIT, AND ALSO FORDISCHARGES NOT AUTHORIZED BY THE PERMIT.04-2010-4764 OUTDOOR PROPERTIES, LLC -

WOBURN PLACE SECTION 104/20/2010 CWA 309A AO For Compliance

4/20/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT FAILED TO COMPLY WITH PART IV.D OF THE PERMIT, AND ALSO FORDISCHARGES NOT AUTHORIZED BY THE PERMIT. IN VIOLATION OF CWA SECTIONS 301 AND 402(p).04-2010-4768 HENDERSONVILLE UTILITY

DISTRICT08/10/2010 CWA 309A AO For Compliance

8/10/2010 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ORDER STATES: RESPONDENT HAS DISCHARGED UTREATED SANITARY SEWAGE CONTAINING POLLUTANTS INTO THE CUMBERLAND RIVER AND OLD HICKORY LAKE,WHICH ARE "WATERS OF THE UNITED STATES" AS DEFINED IN SECTION 502(7) OF THE CWA, FROM THE CTS WITHOUT AN NPDES PERMIT.04-2010-4769 MONTGOMERY, AL, CITY 08/05/2010 CWA 309A AO For Compliance8/5/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON OCTOBER 29, 2009, EPA SENT AN INFORMATION REQUEST TO MONTGOMERY REGARDING DETAILS ON ALL SSOs THAT HAVE OCCURRED FROMMONTOGOMERY'S WCTS OVER THE PAST FIVE (5) YEARS. THE INFORMATION REQUESTED INCLUDED THE VOLUME AND CAUSE OF EACH SSO. THE RESPONSE TO THE INFORMATION REQUEST SUBMITTED TO EPA BY RESPONDENT INDICATES THAT MONTOGOMERY HAD OVER 300 TOTALSSOs., RESPONDENT FAILED TO ESTIMATE THE VOLUME FOR MORE THAN HALF OF THE 300 REPORTED SSOs. IN ADDITION, OVER 75% OF THE SSOsWERE CAUSED BY GREASE. THE OCCURRENCE OF EACH OF THESE SSOs AND EACH FAILURE TO ESTIMATE VOLUMES ARE VIOLATIONS OF RESPONDENT'S NPDES PERMITS ANDTHE CWA SECTION 301(a). 04-2010-5002 HAZ-MAT ENVIRONMENTAL

SERVICES06/22/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)





Summary6/22/10 - EXPEDITED SPILL SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $3,000. ON JAN 5, 2009, RESPONDENT DISCHARGED ANESTIMATED 1,000 GALLONS OF OIL FROM ITS FRAC TANK INTO OR UPON AN UNNAMED TRIBUTARY OF LITTLE SUGAR CREEK AND ADJOININGSHORELINES. THE UNNAMED TRIBUTARY OF LITTLE SUGAR CREEK FLOWS INTO LITTLE SUGAR CREEK, WHICH FLOWS INTO THE CATAWBA RIVER.THE UNNAMED TRIBUTARY OF LITTLE SUGAR CREEK IS A NAVAGABLE WATER OF THE U.S. 04-2010-5004 BRIDGE OF RUTHERFORD

COUNTY, INC.03/17/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)03/17/2010 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,000. ON MARCH 30, 2009, RESPONDENTDISCHARGED AN ESTIMATED 3,990 GALLONS OF OIL UPON THE GRADE WHICH DISCHARGED INTO THE CATAWBA RIVER AND ADJOININGSHORELINES.04-2010-5005 PEMBERTON TRUCK LINES,

INC.03/17/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)3/17/10 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. ON SEPT 1, 2009, RESPONDENT DISCHARGED ANESTIMATED 100 GALLONS OF OIL INTO OR UPON THE UNNAMED CREEK FLOWING INTO INDIAN CREEK WHICH IS TRIBUTARY TO THE FRENCH BROADRIVER AND ADJOINING SHORELINES.04-2010-5006 FAULKNER FARMS 03/17/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)3/11/10 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. ON SEPT 13, 2009, RESPONDENT DISCHARGED ANESTIMATED 400 GALLONS OF OIL INTO OR UPON THE STONYTON CREEK WHICH FLOWS INTO THE NEUSE RIVER AND ADJOINING SHORELINES. THESTONYTON CREEK WHICH FLOWS INTO THE NEUSE RIVER. 04-2010-5007 THOMPSON TRUCKING, INC. 03/17/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)3/17/10 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. AT OR NEAR US 220 NORTH, MILE MARKER 49 INRANDOLPH COUNTY, NC, THOMPSON TRUCKING, INC., DISCHARGED 100 GALLONS OF DIESEL FUEL.04-2010-5008 BREITBURN MANAGEMENT

COMPANY, LLC03/17/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)3/17/10 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. ON SEPT 16, 2009, RESPONDENT DISCHARGED ANESTIMATED 100 GALLONS OF OIL INTO OR UPON THE OKALOACOOCHEE SLOUGH AND ADJOINING SHORELINES.04-2010-5009 BRIGGS & STRATTON CORP. 04/27/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)4/27/10 - EXPEDITED SPILL SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $5,000. ON NOV 20, 2009, RESPONDENT DISCHARGED ANESTIMATED 3,600 GALLONS OF OIL AND WATER MIXTURE INTO OR UPON AN UNNAMED DITCH FLOWING INTO AN UNNAMED STREAM FLOWING INTOTHE CLARKS RIVER AND ADJOINING SHORELINES.





Summary04-2010-5010 EXECUTIVE

TRANSPORTATION, INC.05/07/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)5/7/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $500. ON DEC 11, 2009, RESPONDENT DISCHARGED AN ESTIMATED 220 GALLONS OF OIL INTO OR UPON THE DRAINAGE DITCH WHICH FLOWED INTOTAYLOR CREEK WHICH ULTIMATELY FEEDS INTO THE OHIO RIVER AND ADJOINING SHORELINES.04-2010-5011 D L K TRUCKING 04/27/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)4/27/10 - EXPEDITED SPILL SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $500. ON NOV 16, 2009, RESPONDENT DISCHARGED ANESTIMATED 100 GALLONS OF OIL INTO OR UPON THE COW CREEK, WHICH FLOW INTO BLACK BRANCH, WHICH FLOWS INTO THE BUFFALO RIVERAND ADJOINING SHORELINES.04-2010-5012 YADKIN VALLEY PAVING, INC. 04/27/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)4/27/10 - EXPEDITED SPILL SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $500. ON DEC 10, 2009, RESPONDENT DISCHARGED ANESTIMATED 300 GALLONS OF OIL INTO OR UPON AN UNNAMED CREEK WHICH FLOWS INTO THE SALEM CREEK WHICH FLOWS INTO THE MUDDYCREEK TRIBUTARY TO THE YADKIN RIVER AND ADJOINING SHORELINES.04-2010-5013 SHRINERS HOSPITAL 04/27/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)4/27/10 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,000. ON JAN 16, 2010, RESPONDENT DISCHARGED ANESTIMATED 1,250 GALLONS OF OIL INTO OR UPON DRAINAGE CULVERT THAT FLOWED INTO AN OPEN STREAM THAT DISCHARGED INTO THE BRUSHCREEK, WHICH FLOWS INTO REEDY RIVER AND ADJOINING SHORELINES.04-2010-5014 SPACEWAY OIL CO., INC. 06/29/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)6/28/10 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,500. ON DECEMBER 28, 2010, RESPONDENTDISCHARGED AN ESTIMATED 3,235 GALLONS OF OIL INTO OR UPON THE LITTLE CRIPPLE CREEK, WHICH FLOWS INTO CRIPPLE DEER CREEK, WHICHFLOWS INTO SOUTH FORK CREEK, WHICH FLOWS INTO THE TENNESSEE RIVER AND ADJOINING SHORELINES. 04-2010-5015 KOBEWIELAND COPPER

PRODUCTS, LLC06/11/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)





Summary6/11/2010 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500.00. AGREEMENT STATES: ON FEBRUARY 28, 2010, RESPONDENT DISCHARGED AN ESTIMATED 300 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON THE UNNAMED CREEKWHICH FLOWS INTO THE DAN RIVER AND ADJOINING SHORELINES. RESPONDENT'S FEBRUARY 28, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THEADJOINING SHORELINE OF THE UNNAMED CREEK WHICH FLOWS INTO THE DAN RIVER, OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITEDBENEATH THE SURFACE, AND THEREFORE, WAS IN A QUANITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3.04-2010-5016 WALTER COKE, INC. 07/01/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)7/1/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $500. ON MARCH 5, 2010, RESPONDENT RECEIVED INTO ITS NPDESWASTEWATER TREATMENT SYSTEM'S FINAL POND FROM AN OFF-SITE SOUCE VIA A STATE INDIRECT DISCHARGE PERMIT 200 GALLONS OF OIL ASDEFINED IN SEC 311(a)(1) OF THE CWA, FROM ITS FACILITY INTO OR UPON THE WALTER COKE FINAL POND WHICH DISHARGED INTO FIVE MILECREEK WHICH FLOWS INTO LOCUST FORK WHICH FLOWS INTO THE BLACK WARRIOR RIVER AND ADJOINING SHORELINES. 04-2010-5017 ERGON REFINING, INC. 06/29/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)6/29/10 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. AGREEMENT STATES: ON JANUARY 16, 2010, RESPONDENT DISCHARGED AN ESTIMATED 500 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON THE UNDERGROUNDTRUCK LINE FLOWING INTO THE DITCH FLOWING INTO THE YAZOO RIVER DIVERSION TRIBUTARY TO THE MISSISSIPPI RIVER AND ADJOININGSHORELINES. RESPONDENT JANUARY 16, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THEADJOINING SHORELINE OF THE YAZOO RIVER DIVERSION CANAL, OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURFACE,AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3.04-2010-5018 CATERPILLAR REMAN

POWERTRAIN07/27/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)





Summary7/27/2010 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,000. ON MARCH 22, 2010, RESPONDENT DISCHARGED AN ESTIMATED 2,000 GALLONS OF OIL AS DEFINED IN SECTION 311(a)(1) OF THE ACT, FROM ITSFACILITY INTO OR UPON THE GREEN BAY BRANCH WHICH FLOWS INTO THE CYPRESS SWAMP WHICH IS ADJACENT TO THE ASHLEY RIVER ANDADJOINING SHORELINES. RESPONDENT'S MARCH 22, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISOLORATION OF THE SURFACE OR THEADJOINING SHORELINE OF THE GREEN BAY BRANCH OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURFACE, ANDTHEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3.04-2010-5019 WESTERN EXPRESS 07/27/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)7/27/2010 - EXPEDITED SETTELEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. ON JANUARY 27, 2010, RESPONDENT DISCHARGED AN ESTIMATED 100 GALLONS OF OIL AS DEFINED IN SECTION 311(a)(1) OF THE ACT, FROM ITSFACILITY INTO OR UPON THE BACK CREEK WHICH FLOWS INTO THE HALL RIVER AND ADJOINING SHORELINES. RESPONDENT'S JANUARY 27, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THEADJOINING SHORELINE OF THE BACK CREEK OR CAUSED SLUDGE OR EMULSTION TO BE DEPOSITED BENEATH THE SURFACE, AND THEREFORE,WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3.04-2010-5126 CHESAPEAKE APPALACHIA,

LLC12/24/2009 CWA 311B6B1 AO For Class I Penalty

12/24/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,640, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT APRIL 25, 2008, RESPONDENT DISCHARGE 4 BARRELS OF OIL INTO OR UPON THE UNNAMED TRIBUTARY OF ROCKCREEK AND/OR ITS ADJOINING SHORELINES. 04-2010-5127 J. FOLLACE OIL COMPANY 02/09/2010 CWA 311B6B2 AO For Class II Penalty2/9/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,839, DUE IN 12 QUARTERLY PAYMENT OF $1,461.63. THE FIRSTPAYMENT OF $1,461.63 IS DUE NO LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS ORDER. THE 11 REMAINING PAYMENTS OF $1,461.63ECH WILL BE DUE NO LATER THAN 90 DAYS AFTER THE DUE DATE OF THE PREVIOUS PAYMENT. ALLEGATIONS: ON JULY 23, 2008, RESPONDENT DISCHARGED APPROX 176 BARRELS OF OIL THAT ENTERED INTO OR UPON SMOOT CREEK AND/OR ITS ADJOININGSHORELINES.





Summary04-2010-5128 DUKE ENERGY CAROLINAS,


12/24/2009 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,240, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT MARCH 1, 2009, RESPONDENT DISCHARGED APPROX 6.4 BARRELS OF OIL INTO OR UPON TOWN CREEK AND/OR ITSADJOINING SHORELINES. 04-2010-5129 TA OPERATING, LLC DBA

PETRO STOPPING CENTER,L.P.

01/27/2010 CWA 311B6B1 AO For Class I Penalty

1/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $105,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 13, 2008, RESPONDENT DISCHARGED APPROX 226 BARRELS OF OIL FROM ITS FACILITY THAT ENTERED INTO OR UPONGRABLE BRANCH, WHICH FLOWS INTO CLINCH RIVER, AND/OR ADJOINING SHORELINES. 04-2010-5130 COOMER OIL, LLC 07/07/2010 CWA 311B6B2 AO For Class II Penalty7/7/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $14,900. RESPONDENT SHALL MAKE EIGHTEEN (18) PAYMENTSOF $845.62. THE FIRST PAYMENT IS DUE WITHIN THIRTY DAYS. ORDER ALLEGES: ON APRIL 25, 2008, RESPONDENT AS A RESULT OF A TRUCK ACCIDENT DISCHARGED APPROXIMATLEY 7,400 GALLONS OF OIL, AS DEFINED INSECTION 311(a)(1) OF THE ACT, 33 U.S.C. SECTION 1321(a)(1), AND 40 C.F.R. SECTION 110.1, FROM ITS FACILITY INTO OR UPON A DRAINAGE SYSTEMTHAT THEN FLOWED INTO INTO AN UNNAMED TRIBUTARY OF FLEMING'S FORK RIVER AND ADJOINING SHORELINES. THE APRIL 25, 2008, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE UNNAMEDTRIBUTARY OF FLEMING'S FORK RIVER AND ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BEHARMFUL UNDER 40 C.F.R. SECTION 110.3, IN VIOLATION OF SECTION 311(b)(3) OF THE ACT.04-2010-5132 J.B. HUNT TRANSPORTATION,

INC.06/29/2010 CWA 311B6B1 AO For Class I Penalty





Summary6/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,000. ALLEGATIONS: ON MARCH 25, 2008, A MOTOR VEHICLE ACCIDENT OCCURRED IN CLEBURNE COUNTY, AL, THAT INVOLVED A TRACTOR-TRAILEROWNED AND OPERATED BY RESPONDENT. THE ACCIDENT RESULTED IN DAMAGE TO BOTH SADDLE FUEL TANKS OF THE TRACTOR AND A RELEASEOF DIESEL FUEL. IT IS ESTIMATED THAT APPROX 100 GALLONS (2.4 BBLS.) OF "OIL" (DIESEL FUEL OIL) AS DEFINED IN SECTION 311(a)(1) OF THE CWA,WAS RELEASED FROM THE SADDLE TANKS OF THE TRACTOR AS A RESULT OF A NAVIGABLE WATER AS DEFINED IN CWA SEC 502(7) AND 40 CFR110.1 AND SUBJECT TO THE JURISDICTION OF CWA SEC 311 (HEREINAFTER THE "INCIDENT"). THE INCIDENT CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE UNNAMED CREEK AND/OR ITS ADJOINING SHORELINES, ANDTHEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3, IN VIOLATION OF CWA SEC 311(b)(3).04-2010-5133 KINDER MORGAN SOUTHEAST

TERMINAL, LLC07/27/2010 CWA 311B6B2 AO For Class II Penalty





Summary7/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $22,000, DUE NO LATER THAN 30 DAYS. ALLEGATIONS: ON FEB 2, 2006, A DRAIN VALVE AT THE TRUCK LOADING RACK WAS INADVERTENTLY HIT DURING EQUIPMENT MAINTENANCE. THE OPEN VALVEDISCHARGED INTO A DRAIN SYSTEM WHICH FLOWS INTO THE FACILITY'S OIL/WATER SEPARTOR. THE GASOLINE FLOW EXCEEDED THE CAPABILITYOF THE OIL/WATER SEPARATOR, WAS PUMPED THRU THE ACTIVATED CARBON CANISTER, AND ULTIMATELY DISCHARGED OUT OF OUTFALL 001.APPROX 5,387 GALLONS OF PREMIUM GASOLINE WERE DISCHARGED FROM THE FACILITY. IN RESPONSE TO THIS DISCHARGE, EPA CONDUCTED AN SPCC INSPECTION AT THE FACILITY ON FEB 4, 2006, IN ADDITION, EPA SENT RESPONDENTINFO REQUESTS PURSUANT TO SECTIONS 308 AND 311 OF THE CWA ON MARCH 3, 2006; JAN 22, 2008; JAN 27, 2008; AND JAN 21, 2009. RESPONDENTREPLIED TO EACH INFO REQUEST. BASED ON RESPONDENT'S ANSWERS AND THE INSPECTION, EPA DETERMINED THAT RESPONDENT FAILED TOIMPLEMENT ITS SPCC PLAN AS REQUIRED BY 40 CFR 112.3 IN ACCORDANCE WITH THE GUIDELINES FOR PLAN IMPLEMENTATION AT 40 CFR 112.7AND 112.8. SPECIFICALLY, EPA ALLEGED THE FOLLOWING DEFICIENCIES: A. RESPONDENT FAILED TO KEEP THE MASTER FLOW AND DRAIN FLOW VALVE THAT PERMITTED DIRECT OUTWARD FLOW OF A TANK'S CONTENTSTO THE SURFACE ADEQUATELY SECURED IN A CLOSED POSITION WHEN IN A NON-OPERATING OR STANDBY STATUS AS REQUIRED BY 40 CFR 112.7(g)(2); B. RESPONDENT FAILED TO KEEP SUFFICIENT CONTAINMENT CAPACITY AT THE TRUCK RACK LOADING AREA AS REQUIRED BY 40 CFR 112.7(h)(1)(THE CONTAINMENT SYSTEM MUST HOLD AT LEAST THE MAXIMUM CAPACITY OF THE LARGEST SINGLE COMPARTMENT OF ANY TANK CAR OR TANKTRUCK); AND C. RESPONDENT'S SECONDARY CONTAINMENT STRUCTURES FOR THE TANKS WERE INADEQUATE (AS REQUIRED BY 40 CFR 112.8(c)(2), A FACILITYMUST PROVIDE A SECONDARY MEANS OF CONTAINMENT FOR THE ENTIRE CAPACITY OF THE LARGEST SINGLE CONTAINER INCLUDING SUFFICIENTFREEBOARD TO CONTAIN PRECIPITATION, AND BE SUFFICIENTLY IMPERVIOUS TO CONTAIN DISCHARGED OIL). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 112.3 BY FAILING TO IMPLEMENT SPCC PLAN IN ACCORDANCE WITH THE 40 CFR112.7 AND 112.8 GUIDELINES FOR PLAN IMPLEMENTATION.04-2010-5135 CAROLINA POWER & LIGHT

COMPANY DBA PROGRESSENERGY CAROLINAS, INC.






Summary7/16/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $52,000. COMPLAINANT ALLEGES, AND RESPONDENT NEITHER ADMITS NOR DENIES THAT: ON APRIL 15, 2007, A DISCHARGE OF OIL OCCURRED WHEN A 500 KILOVOLT TRANSFORMER FAILED AS A RESULT OF A POWER SURGER DURINGSEVERE WEATHER. THE TRANSFORMER HAD THE CAPACITY TO HOLD 18,886 GALLONS OF TRANSFORMER OIL. AS A RESULT OF THE TRANSFORMERDAMAGE, IT WAS ESTIMATED THAT 16,550 GALLONS OF TRANSFORMER OIL WAS RELEASED INTO SECONDARY CONTAINMENT. HOWEVER, THESECONDARY CONTAINMENT WAS NOT ADEQUATE BECAUSE A BURIED PIPE IN THE CONTAINMENT STRUCTURE CAUSED THE OIL TO DISCHARGE TOA DRAINAGE DITCH THAT DRAINED OFFISTE. AS A RESULT, OIL DISCHARGED FROM THE FACILITY THRU AN UNNAMED CREEK TO MARK'S CREEK,AND TRAVELED AT LEAST 1.5 MILES FROM THE FACILITY. IN RESPONSE TO THIS DISCHARGE, AN EPA ON-SCENE COORDINATOR (OSC) CONDUCTEDAN SPCC INSPECTION AT THE FACILITY ON APR 16, 2007. AS A RESULT OF THE INSPECTION, THE FOLLOWING SPCC DEFICIENCIES WERE NOTED: A. RESPONDENT FAILED TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILITY AS REQUIRED BY 40 CFR 112.3(a) IN ACCORDANCE WITH THEGUIDELINES FOR PLAN PREPARATION AT 40 CFR 112.7: - i. THE PLAN DID NOT DISCUSS THE TYPES OF OIL AND CAPACITY OF EACH CONTAINER AS REQUIRED BY 40 CFR 112.7(a)(3)(i); - ii. THE PLAN DID NOT INCLUDE AN ADEQUATE PREDICTION OF THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL THAT COULD BEDISCHARGED FOR EACH TYPE OF EQUIPMENT FAILURE AS REQUIRED BY 40 CFR 112.7(b); - iii. THE PLAN DID NOT INCLUDE AN ADEQUATE DISCUSSION ON SECONDARY CONTAINMENT SYSTEMS AND/OR DRAINAGE CONTROLS ASREQUIRED BY 40 CFR 112.7(a)(iii). THE PLAN DID NOT SPECIFY WHAT TYPES OF CONTAINMENT AND/OR DRAINAGE CONTROLS EXIST AT THEFACILITY. RESPONDENT FAILED TO IMPLEMENT THE SPCC PLAN AS REQUIRED BY 40 CFR 112.3 IN ACCORDANCE WITH THE GUIDELINES FOR PLANIMPLEMENTATION AT 40 CFR 112.7 AND/OR 112.8: - THE FACILITY HAD NO RECORDS TO VERIFY THAT INSPECTIONS HAD BEEN CONDUCTED AS REQUIRED BY 40 CFR 112.7(e); - THE FACILITY'S OIL FILLED OPERATIONAL EQUIPMENT (EX. TRANSFORMERS) DID NOT HAVE CONTAINMENT AND/OR DIVERSIONARY STRUCTURESOR EQUIPMENT CAPABLE OF CONTAINING OIL NOR WAS IT CONSTRUCTED SO THAT ANY DISCHARGE FROM A PRIMARY CONTAINMENT SYSTEM (EX.TRANSFORMERS) WOULD NOT ESCAPE BEFORE CLEANUP OCCURS AS REQUIRED BY 40 CFR 112.7(c). - THE FACILITY'S UNDIKED AREA DRAINAGE CONTROLS AS REQUIRED BY 40 CFR 112.8(b)(3) WERE ADEQUATE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 112.3 BY FAILING TO PREPARE AND IMPLEMENT AN SPCC PLAN IN ACCORDANCEWITH THE GUIDELINES FOR PLAN PREPARATION AND IMPLEMENTATION AT 40 CFR 112.7 AND 40 CFR 112.8. 04-2010-5136 PROGRESS ENERGY

CAROLINAS, INC.05/12/2010 CWA 311B6B1 AO For Class I Penalty





Summary5/12/2010 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $2,442, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OCT 5, 2007, APPROX 390 GALLONS OR 6.2 REPORTABLE QUANTITIES OF SODIUM HYPOCHLORITE, A HAZARDOUS SUBSTANCE, DISCHARGEDAND APPROX 200 GALLONS OR 3.2 REPORTABLE QUANTITIES ENTERED THE FISH SYSTEM WHICH DISCHARGES TO THE FISH RECOVERY POND ATTHE FACILITY. 04-2010-5500 RACETRAC PETROLEUM, INC. 01/26/2010 CWA 309G2A AO For Class I Penalties1/26/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $24,300. RESPONDENT SHALL MAKE PAYMENT WITHINTHIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT AUGUST 1, 2009, RESPONDENT, OR THOSE ACTING ON BEHALF OF RESPONDENT,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZEDACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR COMMERCIAL DEVELOPMENT. AT NO TIME DURING THE DISCHARGEOF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA BEGINNING ON AUGUST 9, 2009, DID THE RESPONDENT POSSESS A PERMIT UNDERSECTION 404 OF THE CWA.04-2010-5501 INDIAN TRAIL IMPROVEMENT

DISTRICT01/08/2010 CWA 309G2A AO For Class I Penalties

2/18/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THITYDAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT MARCH 31, 2009, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZEDACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF JURISDICTIONAL WETLANDS. AT NO TIME DURING THE DISCHRGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR AROUND MARCH 31, 2009 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDERSECTION 404 0F CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THERESPONDENT OF POLLUTANTS INTO NAVIGABLE WATER WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF CWA. EACH DAY THEMATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404OF CWA, CONSTITUES A DAY OF VIOLATION OF 301 OF THE CWA, 33 U.S.C. SECTION 1311.04-2010-5503 NOONAN, ROBERT, CANDLE

RIDGE MINING, INC.02/25/2010 CWA 309G2A AO For Class I Penalties





Summary2/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000. ORDER ALLEGES: COMMENCING ON OR ABOUTMAY 2004, RESPONDENTS, OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDSON THE SITE USING MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH ONSITE MINING ACTIVITIES. RESPONDENT IMPACTED 5,027 LINERAR FEET OF WATERS (DISCHARGE AREA) WITHIN COURTHOUSE CREEK, A TRIBUTARY OF THE MIDDLE FORKKENTUCKY RIVER, A TRADITIONAL NAVIGABLE WATER OF THE UNITED STATES, VIA LEATHERWOOD CREEK. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2004 TO THE PRESENT, DID THERESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACHDISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OFTHE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMITUNDER SECTION 404 OF THE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA.04-2010-5750 BYRD, JACK 12/21/2009 CWA 309A AO For Compliance12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE FROM JANUARY, 2006, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.CSECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTONAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OFSECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). THEREFORE RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGINGPOLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.04-2010-5751 BACKWATER BRAKE HUNTING

CLUB / TOLLISON, TOM11/02/2009 CWA 309A AO For Compliance

11/2/09 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S.ON THE PROPERTY OWNED OR LEASED BY BACKWATER BRAKE HUNTING CLUB (BBHC), ADJACENT TO ROBINSON BAYOU ROAD, NEAR THE CITY OFGREENWOOD, LEFLORE COUNTY, MS. THE IMPACTS OCCURRED IN APPROX 1.5 ACRES OF WETLANDS ABUTTING ROBINSON BAYOU, WITHIN THETRIBUTARY SYSTEM OF THE YAZOO RIVER, A NAVIGABLE WATER OF THE U.S. ACCORDING TO OUR PRELIMINARY INVESTIGATION, THE DISCHARGESOCCURRED FROM MARCH 2009 TO THE PRESENT. MR. TOM TOLLISON AND BBHC, AT ALL TIMES RELEVANT TO THIS ORDER, WERE THE OWNERS AND OPERATORS OF THE PARCEL OF LAND, LOCATEDADJACENT TO ROBINSON BAYOU ROAD THAT CONTAINED THE DISCHARGE AREA. RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIALINTO WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF LEVEES FOR DUCK PONDS. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404.





Summary04-2010-5752 WEDGE, LLC 12/04/2009 CWA 309A AO For Compliance12/4/2009 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER. THIS CACO PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILLMATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 2,461 LINEAR FEET OF TWO UNNAMED TRIBUTARIES OFNOLEHOE CREEK, LOCATED WEST OF PLEASANT HILL ROAD, NEAR OLIVE BRANCH, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIALOCCURRED DURING CONSTRUCTION OF THE WINDSTONE SUBDIVISION AND RESULT IN THE IMPOUNDMENT OF 1,071 LINEAR FEET OF ONETRIBUTARY ("TRIBUTARY 1") AND THE UNDERGROUND RELOCATION OF 1,390 LINEAR FEET OF THE SECONDARY TRIBUTARY ("TRIBUTARY 2"). COMMENCING ON OR ABOUT NOV 1, 2007, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO TRIBUTARIES ON THE SITE USINGEARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF THE WINDSTONE DEVELOPMENT. AT NO TIME DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404.04-2010-5753 HARDIN COUNTY

DEVELOPERS, INC.11/09/2009 CWA 309A AO For Compliance

11/9/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE AREA FROM DATE OF DISCOVERY (JANUARY 2009, BY THE U.S. ARMY CORPS OF ENGINEERS) TO THE PRESENT, DID THE RESPONDENTPOSSESS A PERMIT UNDER SECTION 404 OF CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.04-2010-5755 GARCIA, EDDY, MR.,

KRAIZGRUN, DAVID, MR.,WATERMEN FARMS, LLC


11/16/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE AREA FROM JANUARY 2005 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C.SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTONAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA 33 U.S.C SECTION 1344, IS A VIOLATION OFSECTION 301(a) OF THE CWA, 33 U.S.C SECTION 1311(a). EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THEUS WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, CONSTITUTES A DAY OF VIOLATION OF SECTION301 OF THE CWA, 33 U.S.C. SECTION 1311. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311, BYDISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.04-2010-5756 SLOAN, KEVIN 12/14/2009 CWA 309A AO For Compliance





Summary12/14/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE AREA FROM MARCH 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C.SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTONAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA 33 U.S.C SECTION 1344, IS A VIOLATION OFSECTION 301(a) OF THE CWA, 33 U.S.C SECTION 1311(a). EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THEUS WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, CONSTITUTES A DAY OF VIOLATION OF SECTION301 OF THE CWA, 33 U.S.C. SECTION 1311. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311, BYDISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.04-2010-5758 BELLAVIDA CORPORATION/

ANTONIO VILARINO11/02/2009 CWA 309A AO For Compliance

11/2/2009 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/FILL MATERIAL INTO JURISDICTIONALWETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1.5 ACRES OF FRESHWATER WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF THEOKEECHOBEE WATERWAY. THE TRIBUTARY ORIGINATES SOUTH OF PRATT-WHITNEY ROAD AND BORDERING THE SUBJECT PROERYT ON ITSEASTERN AND SOUTHERN BOUNDARIES, ENDS AT ITS CONFLUENCE WITH LARGER, OFFSITE CANAL. THE CANAL FLOWS UNDER STATE ROAD 76THRU A CULVERT, FLOWING WESTERLY AND DISCHARGING INTO THE OKEECHOBEE WATERWAY. THIS SECTION OF THE OKEECHOBEE WATERWAYDISCHARGES INTO THE ST. LUCIE RIVER, AN IMPORTANT ESTUARINE RESOURCE IN SE FLORIDA. THE DEPOSITION OF DREDGED AND/OR FILLMATERIAL OCCURRED DURING PURPORTED INSTALLATION OF AN AGRICULTURAL SYSTEM FOR ROW CROPS. MR. ANTONIO VILARINO AND BELLAVIDA CORPORATION (RESPONDENTS), AT ALL TIMES RELAVANT TO THIS ORDER, WERE THE OWNERS OROPERATORS OF THE PARCEL OF LAND, COMPRISED OF 65.6 ACRES LOCATED SE OF THE INTERSECTION OF KANNER HWY AND PRATT-WHITNEYROAD IN MARTIN COUNTY, FL, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MAY 2009 TO THE PRESENT, RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THESITE USING EARTH MOVING MACHINERY DURING PURPORTED INSTALLATION OF AN AGRICULTURAL SYSTEM FOR ROW CROPS. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2009 TO THE PRESENT DID THERESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404.04-2010-5759 MONTGOMERY, CATHERINE;

SLOAN, HENRY L.; C&HDEVELOPERS PROPERTIES,LLC






Summary12/8/2009 - ADMINISTRATIVE COMPLIANCE ORDER. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMEDTRIBUTARY OF COTTONSEED BRANCH FLOWING INTO A NAVAGABLE WATER OF THE U.S. (PEARL RIVER) VIA THE STRONG RIVER. THE SITE ISLOCATED IN THE MIDDLE PEARL-STRONG RIVER WATERSHED, AN EPA, REGION 4 DESIGNATED PRIORITY WATERSHED. THE SITE IS LOCATED INPINOLA, SIMPSON COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PRECONSTRUCTION ACTIVITIES FOR ARESIDUAL DEVELOPMENT. MS. CATHERINE MONGOMERY, MR. HENRY L. SLOAN, AND C&H DEVELOPERS & PROPERTIES, LLC, AT ALL TIMES RELEVANT TO THIS ORDER, WERETHE OWNERS OR OPERATORS OF THE PARCEL OF LAND, COMPRISED OF 76.96 ACRES LOCATED SOUTH OF SIMPSON HWY 28 WEST IN PINOLA, MS,THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT DEC 2008 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGEDDREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING PRECONSTRUCTION ACTIVITIES FOR ARESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3.5 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUARY OFCOTTONSEED BRANCH FLOWING INTO A NAVAGABLE WATER OF THE U.S. (THE PEARL RIVER), VIA THE STRONG RIVER). THE SITE IN LOCATED INTHE MIDDLE PEARL-STRONG RIVER WATERSHED, AN EPA, REGION 4 DESIGNATED PRIORITY WATERSHED.04-2010-5760 BLANKINSHIP SAND

COMPANY, LLC12/21/2009 CWA 309A AO For Compliance

12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT JUNE 2006 TO THE PRESENT, RESPONDENTS, AND/ORTHOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTHMOVING MACHINERY IN CONNECTIN WITH DITCHING ACTIVITIES INTENDED TO DRAIN INUNDATED AREAS OF THE SITE. AT NO TIME DURING THEDISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 2006 TO THE PRESENT, DID THE RESPONDENTS POSSESS APERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. THEREFORE,RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA.04-2010-5761 RAMSEY, DARRIEN; WILLIAMS,

CLINT; WILLIAMS, TOMMIE10/22/2009 CWA 309A AO For Compliance





Summary10/22/2009 - CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIALINTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 200 LINEAR FEET OF AN UNNAMED TRIBUTARY TO LITTLE ROCKYCREEK AND APPROX 3 ACRES OF ABUTTING WETLANDS. THE IMPOUNDMENT OF THE STREAM ALSO RESULTED IN THE UNUNDATION OF APPROX4100 LINEAR FEET OF STREAM AND APPROX 77 ACRES OF ABUTTING WETLANDS. THE DEPOSITION OF DREDGED AND/OF FILL MATERIAL OCCURREDDURING THE CONSTRUCTION OF AN IRRIGATION POND. RESPONDENTS AGREE TO THE FOLLOWING: A. RESPONDENT WILL RESTORE APPROX 10 ACRES OF FARMED WETLANDS THAT ARE ADJACENT TO THE LAKE. RESPONDENT SHALL PLANT 250FORESTED WETLANT SPECIES OR SWAMP TUPELO PER ACRE. RESPONDENT WILL ENSURE A MINIMUM OF 200 TREE PER ACRE SURVIVE ON ANANNUAL BASIS. RESTORATION WILL BE MONITORED FOR A PERIOD OF 3 YEARS WITH AN ANNUAL REPORT SENT TO EPA. UPON COMPLETION OFTHE MONITORING PERIOD, RESPONDENTS WILL SUBMIT A FINAL REPORT TO EPA DOCUMENTING SURVIVAL OF RESTORED SPECIES. B. RESPONDENTS WILL PLACE APPROX 100 ACRES OF WETLANDS REMAINING ON THE SITE IN A CONSERVATION EASEMENT. DOCUMENTATIONSHOWING THE DETAILS OF THE EASEMENT SHOULD BE SUBMITTED TO EPA WITHIN 1 MONTH AFTER RECEIPT OF THE SIGNED CACO. C. RESPONDENTS, TO QUALIFY FOR THE U.S. ARMY CORP OF ENGINEERS NATIONWIDE PERMIT (NWP) 32, MUST COMPLY WITH THE GENERAL ANDSPECIAL CONDITIONS REQUIRED FOR THE AUTHORIZATION. RESPONDENTS MUST SEND DOCUMENTATION SUPPORTING COMPLIANCE WITH THEGENERAL CONDITIONS, AS WELL AS ANY OTHER DOCUMENTATION REQUIRED BY THE COE SAVANNAH DISTRICT, WITHIN 30 DAYS. D. RESTORATION MUST BE STARTED WITHIN 30 DAYS. RESPONDENTS SHOULD REPORT ON THE STATUS OF THE RESTORATION EVERY 90 DAYSUNTIL COMPLETE. WITHIN 20 DAYS AFTER COMPLETION, RESPONDENTS SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULEAN INSPECTION OF THE RESTORED SITE WITH AN EPA REPRESENTATIVE.04-2010-5763 CAMPBELL EAST, LLC 11/09/2009 CWA 309A AO For Compliance11/9/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE AREA FROM DATE OF DISCOVERY (MARCH 27 2007, BY THE U.S. ARMY CORPS OF ENGINEERS) TO THE PRESENT, DID THE RESPONDENTPOSSESS A PERMIT UNDER SECTION 404 OF CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.04-2010-5764 JENNINGS, RALPH B. 12/08/2009 CWA 309A AO For Compliance





Summary12/8/2009 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING MECHANIZED LAND CLEARING, DEPOSITION OF FILL INTO THE FISH RIVER, THEEXCAVATION OF BOTTOM MATERIAL FROM AN OXBOW TO THE FISH RIVER AND DEPOSITION OF THAT MATERIAL AS FILL IN ADJACENT WETLANDS.THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING DEVELOPMENT OF LAND LYING ADJACENT TO FISH RIVER.RESPONDENT AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND LOCATED AT 12642 CLAY CITYROAD, FAIRHOPE, AL, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MAY 2009 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGEDAND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITHMECHANIZED LAND CLEARING, DEPOSITION OF FILL INTO THE FISH RIVER, THE EXCAVATION OF BOTTOM MATERIAL FROM AN OXBOW TO THE FISHRIVER AND DEPOSITION OF THAT MATERIAL AS FILL IN ADJACENT WETLANDS. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILLMATERIAL AT THE DISCHARGE AREA FROM MAY 2009 TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404, AUTHORIZINGTHE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANYDREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 60 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. PLAN SHOULD INCLUDE MEASURETO ACCOMPLISH THE FOLLOWING: A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; B) REMOVEUNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND C) RESTORE IMPACTED WATERS OFTHE U.S. AT THE DISCHARGE ARE. THE RESTORATION PLAN SHOULD INCLUDE THE FOLLOWING COMPONENTS: RESTORATION METHOD, TIMING,VEGETATION TO BE REESTABLISHED, SUCCESS CRITERIA FOR MONITORING, AND A MONITORING PERIOD. EPA WILL REVIEW THE PLAN ANDAPPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. IF EPA PROVIDES COMMENTS, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPACOMMENTS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITH 30 DAYS OF EPA'S APPROVAL.04-2010-5766 OLD MILL FORESTRY, LLC,

ADAM LISK, ALAN R. GREGOR,JR.






Summary12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE FROM OCTOBER, 2007, TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.CSECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTONAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OFSECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). THERFORE RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGINGPOLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.04-2010-5767 BANK OF BARTLETT

(OAKLAWN ESTATES)12/21/2009 CWA 309A AO For Compliance

12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: EPA, IN CONJUNCTION WITH THE STATE OF TENNESSEE'S DEPARTMENT OFENVIRONMENT AND CONSERVATION ("TDEC") CONDUCTED AN INSPECTION OF THE SITE ON APRIL 22, 2009. DURING THIS INSPECTION, EPADOCUMENTED THAT : 1) SEVERAL PORTIONS OF THE SITE WERE NOT STABILIZED, CONTAINING EXPOSED SOIL WITH INSUFFICIENT VEGETATIVECOVERAGE, 2) STORM WATER CONTROLS AT THE SITE WERE NOT BEING PROPERLY MAINTAINED, 3) SIGNIFICANT DEPOSITS OF SEDIMENT WEREPRESENT IN THE UNNAMED TRIBUTARY TO FIELD CREE ("UT"), 4) IMPROPERLY CONSTRUED UTILITY CROSSINGS WERE OBSTRUCTING THE FLOW OFGRAYS AND FIELD CREEKS, AND 5) LARGE GULLIES AND OTHER EROSIONAL FEATURES WERE PRESENT THROUGHOUT THE SITE. THE RIP RAP AND EARTHEN MATERIAL THAT WERE DOCUMENTED IN GRAYS CREEK AND FIELD CREEK CONSTITUTE DREDGED AND/OR FILLMATERIAL THAT WAS DISCHARGED INTO THE TRIBUTARIES ON AND AROUND THE SITE USING EARTH MOVING MACHINERY, DURINGTHE CLEARINGAND FILLING OF THE SITE FOR RESIDENTIAL DEVELOPMENT. EPA ALSO DOCUMENTED DISCHARGES OF SEDIMENT INTO THE UT, RESULTING FROM INADEQUATELY MAINTAINED EROSION CONROL MEASURES,LARGE AREAS OF UNSTABILIZED SOIL, AND THE NUMBEROUS EROSIONAL FEATURES ON THE SITE. THE DISCHARGES OF SEDIMENT INTO THE UTCONSTITUTE THE DISCHARGE OF POLLUTANTS INTO WATERS OF THE US. EACH DAY THE DREDGED AND/OR FILL MATERIAL REMAINS IN WATES OFTHE US WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, CONSTITUTES A DAY OF VIOLATION OFSECTION 301, OF THE CWA, EE U.S.C. SECTION 1311. THEREFORE, RESPONDENT IS ENTERING THIS CACOAND AGREES TO PERFORM THECORRECTIVE ACTION SET FORTH IN PARAGRAPH 26 WITH THE INTENTION OF RESOLVING THOSE VIOLATIONS OF SECTIONS 301, 402, AND 404 OFTHE CWA, SECTIONS 1311, 1342, AND 1344, THAT EPA DOCUMENTED AT THE SITE DURING ITS APRIL 22, 2009 INSPECTION.04-2010-5770 FJT, LLC, SOUTH MADISON

DEVELOPMENT INC.,HAWKINS, THOMAS M.


12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT JULY 2009 TO THE PRESENT, RESPONDENTS, AND/ORTHOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTHMOVING MACHINERY IN CONNECTIN WITH DITCHING ACTIVITIES INTENDED TO DRAIN INUNDATED AREAS OF THE SITE. AT NO TIME DURING THEDISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 2006 TO THE PRESENT, DID THE RESPONDENTS POSSESS APERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. THEREFORE,RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA.04-2010-5771 BARNES, RONNIE W., SR. 12/11/2009 CWA 309A AO For Compliance





Summary12/11/09 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1.7 ACRES OF FORESTED WETLANDS ADJACENT TO GREEN SWAMP.GREEN SWAMP IS TRIBUTARY TO THE BLACK RIVER, A NAVAGABLE WATER OF THE U.S., VIA THE PACATALIGO RIVER. THE DEPOSITION OF DREDGEDAND/OR FILL MATERIAL OCCURRED DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL DEVELOPMENT. MR. RONNIE W. BARNES, SR., AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF19.46 ACRES, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT JANUARY 2009 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING PRECONSTRUCTIONACTIVITIES FOR A RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1.7 ACRES OF FORESTEDWETLANDS ADJACENT TO GREEN SWAMP. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITES PERFORMEDBY THE RESPONDENT. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANYDREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ONTHE PLAN TO RESPONDENT. D. IF EPA PROVIDES COMMENTS, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVINGEPA'S COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITERESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.04-2010-5772 CUMBEE ROAD PARTNERS,

LLC, LISK, ADAM, GREGOR,ALAN, R. JR.






Summary12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE FROM MARCH, 2008, TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.CSECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTONAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OFSECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). THERFORE RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGINGPOLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONALUNAUTHORIZED DISCHARGES OF ANY "DREDGED" OR "FILL MATERIAL" AS DEFINED BY 40 CFR SECTION 232., INTO THE WATERS OF THE U.S. B. WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENTS WILL NOTIFY THE EPA REPRESENTATIVE LISTED BELOW WHETHER OR NOTTHE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENTS' COMPLIANCE WITH ANY STATE OR LOCALREQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENTS ARE DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPAREPRESENTATIVE LISTED BELOW. C. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULDINCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZE THE DISCHRGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES,b) RESTORE APPROXIMATELY 15 ACRES OF WETLANDS, AND c) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN ANDPROVIDE COMMENTS ON THE PLAN TO THE RESPONDENTS. D. IF EPA PROVIDES COMMENTS ON THE PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. E. RESPONDENTS SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITERESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.04-2010-5773 ALLEN, WESLEY J. 12/11/2009 CWA 309A AO For Compliance12/11/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE AREA FROM JULY 2009 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C.SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTONAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA 33 U.S.C SECTION 1344, IS A VIOLATION OFSECTION 301(a) OF THE CWA, 33 U.S.C SECTION 1311(a). EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THEUS WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, CONSTITUTES A DAY OF VIOLATION OF SECTION301 OF THE CWA, 33 U.S.C. SECTION 1311. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311, BYDISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.04-2010-5774 DANIELS, ASHLEY 12/11/2009 CWA 309A AO For Compliance





Summary12/11/2009 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONALWATERS OF THE U.S. IMPACTING APPROX 1.4 ACRES WITHIN MUDDY CREEK. MUDDY CREEK IS A TIDALLY-INFLUENCED NAVAGABLE WATER OF THEU.S. THE SITE IS LOCATED AT THE END OF MILL ROAD IN AURORA, BEAUFORT COUNTY, NC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIALOCCURRED DURING THE OPERATION OF THE PROPELLER OF A 48.5-FOOT TRAWLER, TO WASH, "KICK," OR DISLODGE THE BOTTOM SUBSTRATE TOCREATE A BASIN. MR. ASHLEY DANIELS, AT ALL TIMES RELEVANT TO THIS ORDER, WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND THAT CONTAINED THEDISCHARGE AREA. COMMENCING ON OR ABOUT MARCH 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGEDDREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. USING THE PROPELLER OF THE 48.5-FOOT TRAWLER "CHALLIE." RESPONDENT'S UNAUTHORIZED ACTIVITES IMPACTED APPROX 1.4 ACRES OF MUDDY CREEK BOTTOM. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANYDREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ONTHE PLAN TO RESPONDENT. D. IF EPA PROVIDES COMMENTS, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVINGEPA'S COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITERESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION. 04-2010-5776 DILLS PROPERTY 02/18/2010 CWA 309A AO For Compliance





Summary2/18/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT NOVEMBER 2007 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. FOR THEPURPOSE OF CONSTRUCTING A RECREATIONAL POND. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THEDISCHARGE AREA FROM NOVEMBER 2007 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 THE THE CWA, CWAU.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENTREMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA. THEREFORE, RESPONDENTSHAVE VIOLATED SECTION 301 OF THE CWA.04-2010-5778 PACE, KARL/ WYSOCKING

WILDLIFE SANCTUARY01/25/2010 CWA 309A AO For Compliance

1/25/2010 - ADMINISTRATIVE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WETLANDS AND WATERS OF THE UNITED STATES INCLUDING APPROXIMATELY THREE ACRES OF TIDAL AND FRESHWATERWETLANDS ADJACENT TO AND ABUTTING HICKORY CREEK AND WYSOCKING BAY. HICKORY CREEK AND WYSOCKING BAY ARE NAVIGABLE WATERSOF THE UNITED STATES. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF DIKES IN WATERS OF THEUNITED STATES. COMMENCING ON OR ABOUT NOVEMBER 24, 2008, TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY,DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF DIKES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/ORFILL MATERIAL AT THE DISCHARGE AREA FROM NOVEMBER 24, 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OFPOLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THEREQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUES A DAY OF VIOLATION OF SECTION 301 OF THE CWA. THEREFORE, RESPONDENTVIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED MAY 20, 2010, AND REVISEDJUNE 29, 2010, BY BLACK RIVER ENVIRONMENTAL CONSULTING, LLC, ON BEHALF OF RESPONDENT. THE RESTORATION WILL INCLUDE: REMOVAL OFFILL MATERIAL FROM JURISDICTIONAL WATERS AND WETLANDS; RESTORATION OF FILL AREAS TO ORIGINAL GRADE AND CONTOUR; STABILIZATIONOF AFFECTED AREAS; REPLANTING WETLAND SPECIES; IDENTIFICATION AND PROTECTION OF OVER WASH AREAS PRIOR TO RESTORATION;REMOVAL OF TIDE FLAP FROM CONCRETE PIPE; INVASIVE SPECIES AND PEST MANAGEMENT ACTIVITIES; AND LONG TERM MONITORING ANDREPORTING OF RESTORATION PLAN SUCCESS. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAYS. RESTORATION MUSTBE COMPLETED BY MARCH 31, 2011. WITHIN 20 DAYS AFTER COMPLETION OF RESTORATION, THE RESPONDENT SHALL SUBMIT A WRITTENSTATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. RESPONDENT SHALL INSPECT THE RESTORED AREA IN ACCORDANCE WITH RESTORATION AND MONITORING PLAN WHICH REQUIRES BIANNUALINSPECTION FOR 5 YEARS AFTER COMPLETION OF THE REQUIRED CONSTRUCTION AND REVEGETATION ACTIVITIES. AT EACH INSPECTION, THERESPONDENT SHALL REPLACE ENOUGH DEAD PLANTS TO ENSURE THAT AT LEAST 80 PERCENT OR 320 SEEDLINGS PER ACRE OF THE ORIGINALNUMBER OF PLANTS INSTALLED ARE ALIVE. AN ANNUAL MONITORING REPORT SHALL BE SUBMITTED WITHIN 20 DAYS OF EACH OF THE ANNUALINSPECTIONS, THE RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES: 1. DATE OF INSPECTION; 2. COLOR PHOTOGRAPHS FROM THE SAME LOCATION; 3. A COUNT OF THE NUMBER OF PLANTINGS THAT SURVIVED; 4. ANY REMEDIAL RESTORATION MEASURES TAKEN TO STABILIZE THE SITE OR REACH AN 80 PERCENT SUCCESS RATE FOR VEGETATIVE BUFFERESTABLISHMENT.





Summary

1/25/2010 - ADMINISTRATIVE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WETLANDS AND WATERS OF THE UNITED STATES INCLUDING APPROXIMATELY THREE ACRES OF TIDAL AND FRESHWATERWETLANDS ADJACENT TO AND ABUTTING HICKORY CREEK AND WYSOCKING BAY. HICKORY CREEK AND WYSOCKING BAY ARE NAVIGABLE WATERSOF THE UNITED STATES. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF DIKES IN WATERS OF THEUNITED STATES. COMMENCING ON OR ABOUT NOVEMBER 24, 2008, TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY,DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF DIKES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/ORFILL MATERIAL AT THE DISCHARGE AREA FROM NOVEMBER 24, 2008 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OFPOLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THEREQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUES A DAY OF VIOLATION OF SECTION 301 OF THE CWA. THEREFORE, RESPONDENTVIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED MAY 20, 2010, AND REVISEDJUNE 29, 2010, BY BLACK RIVER ENVIRONMENTAL CONSULTING, LLC, ON BEHALF OF RESPONDENT. THE RESTORATION WILL INCLUDE: REMOVAL OFFILL MATERIAL FROM JURISDICTIONAL WATERS AND WETLANDS; RESTORATION OF FILL AREAS TO ORIGINAL GRADE AND CONTOUR; STABILIZATIONOF AFFECTED AREAS; REPLANTING WETLAND SPECIES; IDENTIFICATION AND PROTECTION OF OVER WASH AREAS PRIOR TO RESTORATION;REMOVAL OF TIDE FLAP FROM CONCRETE PIPE; INVASIVE SPECIES AND PEST MANAGEMENT ACTIVITIES; AND LONG TERM MONITORING ANDREPORTING OF RESTORATION PLAN SUCCESS. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAYS. RESTORATION MUSTBE COMPLETED BY MARCH 31, 2011. WITHIN 20 DAYS AFTER COMPLETION OF RESTORATION, THE RESPONDENT SHALL SUBMIT A WRITTENSTATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. RESPONDENT SHALL INSPECT THE RESTORED AREA IN ACCORDANCE WITH RESTORATION AND MONITORING PLAN WHICH REQUIRES BIANNUALINSPECTION FOR 5 YEARS AFTER COMPLETION OF THE REQUIRED CONSTRUCTION AND REVEGETATION ACTIVITIES. AT EACH INSPECTION, THERESPONDENT SHALL REPLACE ENOUGH DEAD PLANTS TO ENSURE THAT AT LEAST 80 PERCENT OR 320 SEEDLINGS PER ACRE OF THE ORIGINALNUMBER OF PLANTS INSTALLED ARE ALIVE. AN ANNUAL MONITORING REPORT SHALL BE SUBMITTED WITHIN 20 DAYS OF EACH OF THE ANNUALINSPECTIONS, THE RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES: 1. DATE OF INSPECTION; 2. COLOR PHOTOGRAPHS FROM THE SAME LOCATION; 3. A COUNT OF THE NUMBER OF PLANTINGS THAT SURVIVED; 4. ANY REMEDIAL RESTORATION MEASURES TAKEN TO STABILIZE THE SITE OR REACH AN 80 PERCENT SUCCESS RATE FOR VEGETATIVE BUFFERESTABLISHMENT. 04-2010-5779 EXUM, ROBERT/74 HOLDINGS,

INC. (COMPASS POINTE)01/19/2010 CWA 309A AO For Compliance

1/19/2010 - ADMINISTRATIVE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WETLANDS AND WATERS OF THE UNITED STATES ON THE PROPERTY OWNED BY ROBERT EXUM AND 74 HOLDINGS, LLC, LOCATEDNORTH OF U.S. HIGHWAY 74 AND WEST OF LELAND, BRUNSWICK COUNTY, NORTH CAROLINA. THE UNAUTHORIZED IMPACTS OCCURRED IN TWOUNNAMED TRIBUTARIES TO ALIGATOR CREEK, ALLIGATOR CREEK, HOOD CREEK, INDIAN CREEK AND THE ABUTTING AND ADJACENT FORESTEDFRESHWATER WETLANDS. COMMENCING ON OR ABOUT JANUARY 2008, TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY,DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL GOLF COURSE COMMUNITY. AT NO TIME DURINGTHE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JAUNARY 2008 TO THE PRESENT, DID THE RESPONDENTSPOSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITES PERFORMED BY RESPONDENT. EACHDISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OFTHE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OFTHE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUES A DAY OF VIOLATION OF SECTION 301 OFTHE CWA. THEREFORE, RESPONDENTS HAVE VIOLATED SECTION SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLEWATERS WITHOUT A PERMIT.





Summary04-2010-5780 EXUM, ROBERT/ HOOD CREEK,

LLC (COMPASS POINTE)01/19/2010 CWA 309A AO For Compliance

1/19/2010 - ADMINISTRATIVE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WETLANDS AND WATERS OF THE UNITED STATES ON THE PROPERTY OWNED BY ROBERT EXUM AND 74 HOLDINGS, LLC, LOCATEDNORTH OF U.S. HIGHWAY 74 AND WEST OF LELAND, BRUNSWICK COUNTY, NORTH CAROLINA. THE UNAUTHORIZED IMPACTS OCCURRED IN TWOUNNAMED TRIBUTARIES TO ALIGATOR CREEK, ALLIGATOR CREEK, HOOD CREEK, INDIAN CREEK AND THE ABUTTING AND ADJACENT FORESTEDFRESHWATER WETLANDS. COMMENCING ON OR ABOUT JANUARY 2008, TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY,DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL GOLF COURSE COMMUNITY. AT NO TIME DURINGTHE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JAUNARY 2008 TO THE PRESENT, DID THE RESPONDENTSPOSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITES PERFORMED BY RESPONDENT. EACHDISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OFTHE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OFTHE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUES A DAY OF VIOLATION OF SECTION 301 OFTHE CWA. THEREFORE, RESPONDENTS HAVE VIOLATED SECTION SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLEWATERS WITHOUT A PERMIT. 04-2010-5781 EXUM, ROBERT / YDV, INC.

(COMPASS POINTE)01/19/2010 CWA 309A AO For Compliance





Summary1/19/10 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONALWETLANDS AND WATERS OF THE U.S. INCLUDING APPROX OWNED BY MR. ROBERT EXUM AND YDV, INC., LOCATED NORTH OF U.S. HWY 74 ANDWEST OF LELAND, BRUNSWICK COUNTY, NC. THE UNAUTHORIZED IMPACTS OCCURRED IN TWO UNNAMED TRIBUTARIES TO ALLIGATOR CREEK,ALLIGATOR CREEK, HOOD CREEK, INDIAN CREEK AND THE ABUTTING AND ADJACENT FORESTED FRESHWATER WETLANDS TO THESE WATERS. THEDEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. OCCURRED DURING CONSTRUCTION OF A RESIDENTIAL GOLFCOURSE COMMUNITY. COMMENCING ON OR ABOUT JAN 2008 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGEDDREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURINGUNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL GOLF COURSE COMMUNITY. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED AN UNKNOWN AMOUNT OF WATERS AND FORESTED FRESHWATER WETLANDS ABUTTINGAND INCLUDING TWO UNNAMED TRIBUTARIES, ALLIGATOR CREEK, HOOD CREEK AND INDIAN CREEK. THE UNNAMED TRIBUTARIES ARE PRERENNIALSTREAMS THAT FLOW TO ALLIGATOR CREEK. ALLIGATOR CREEK IS A PERENNIAL TRIBUTARY THAT FLOWS TO HOOD CREEK, HOOD CREEK ANDINDIAN CREEK ARE PERENNIAL STREAMS THAT FLOW TO THE CAPE FEAR RIVER, A TRADITIONAL NAVIGABLE WATER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID RESPONDENTS POSSESS A PERMIT UNDER CWA SECTION 404.04-2010-5782 DEARMAN, GARY 02/11/2010 CWA 309A AO For Compliance





Summary2/11/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOWATERS OF THE U.S. INCLUDING APPROX 16,000 LINEAR FEET OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMED TRIBUTARIES. THESEWATERS FLOW INTO A NAVIGABLE WATER OF THE U.S. (THE CHICKASAWHAY RIVER) WITHIN THE PASCAGOULA RIVER WATERSHED. THE SITE ISLOCATED SOUTH OF THE INTERSECTION OF LAKE GARY ROAD AND OLD AVERA ROAD IN LEAKESVILLE, GREENE COUNTY, MS. THE DEPOSITION OFDREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF THREE AMENITY LAKES (54 ACREA, 41 ACRES, AND 42 ACRES IN SIZE)ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT. COMMENCING ON OR ABOUT DECEMBER 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING LAKE CONSTRUCTIONASSOCIATED WITH RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 16,000 LINEAR FEET OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMEDTRIBUTARIES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL FROM DEC 2009 TO THE PRESENT DID RESPONDENT POSSESS A PERMITUNDER CWA SEC 404. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANYDREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, REPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THEFOLLOWING: (A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; (B) RESTORATION OF THE IMPACTEDREACHES OF FOURMILE CREEK, DEEP BRANCH, AND THEIR UNNAMED TRIBUTARIES AS WELL AS THE REMOVAL OF DAMS AND RESTORATION OFTHE FOOTPRINT OF THE LAKES AND DAMS; AND (C) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDECOMMENTS TO THE RESPONDENT. D. IF EPA PROVIDE COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OFRECEIVING EPA'S COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITERESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.04-2010-5784 MORRIS GRAY 02/18/2010 CWA 309A AO For Compliance





Summary2/18/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOJURISDICTIONAL WATERS OF THE U.S., INCLUDING MECHANIZED LAND CLEARING AND THE DEPOSITION OF FILL MATERIAL IN FORESTED WETLANDSLYING ADJACENT TO THE PEARL RIVER. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED IN CONNECTION WITH LANDDEVELOPMENT AND THE DISPOSAL OF EXCAVATED MATERIAL FROM OFFSITE CONSTRUCTION AREAS. RESPONDENT AT ALL TIMES RELEVANT TO THS ORDER, WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND LOCATED NW OF THEINTERSECTION OF HIGHWAYS 80 AND 55 IN THE CITY OF FLOWOOD, RANKIN COUNTY, MISSISSIPI, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT OCT 2008 TO PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGEDAND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITHLAND DEVELOPMENT AND THE DISPOSAL OF EXCAVATED MATERIAL FROM OFFSITE CONSTRUCTION AREAS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2.5 ACRES OF FORESTED WETLANDS LYING ADJACENT TO THE PEARL RIVER. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANYDREDGED OR FILL MATERIAL. WITHIN 48 HOURS RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 60 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLAN SHOULD INCLUDEMEASURES TO ACCOMPLISH THE FOLLOWING: (1) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; (B)REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND (C) RESTORE IMPACTEDWATERS OF THE U.S. AT THE DISCHARGE AREA. THE RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, SHOULD INCLUDE THE FOLLOWINGCOMPONENTS: RESTORATION METHOD, TIMING, VEGETATION TO BE REESTABLISHED, SUCCESS CRITERIA FOR MONITORING, AND A MONITORINGPERIOD. EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OFRECEIVING EPA COMMENTS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL. 04-2010-5786 SOILEAU, JR., WARREN 03/16/2010 CWA 309A AO For Compliance





Summary3/16/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTOWATERS OF THE U.S. INCLUDING A PORTION OF THE BOGUE CHITTO RIVER, AN ASSOCIATED PERENNIAL TRIBUTARY, AND WETLANDS DIRECTLYABUTTING THE TRIBUTARY. THE SITE IS LOCATED ALONG NEW RIVER ROAD IN TYLERTOWN, WALTHALL COUNTY, MS. THE DEPOSITION OF DREDGEDAND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A CRAWFISH POND, A BASS POND, AND PURPORTED BANK STABILIZATIONACTIVITIES (WITH RESPECT TO IMPACTS ALONG THE BOGUE CHITTO RIVER). COMMENCING ON OR ABOUT APRIL 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGEDDREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING POND CONSTRUCTION, MECHANICALLAND CLEARING, AND PURPORTED BANK STABILIZATION ACTIVITIES. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 375 LINEAR FEET ALONG THE BOGUE CHITTO RIVER, APPROX 30 LINEAR FEET OFPERENNIAL STREAM, AND APPROX 17.5 ACRES OF WETLANDS ON THE SUBJECT PROPERTY. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANYDREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDES TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THEFOLLOWING: (A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICCES; (B) RESTORATION OF THE IMPACTED REACHESOF THE BOGUE CHITTO RIVER, THE PERENNIAL TRIBUTARY, AND ITS ASSOCIATED WETLANDS, AS WELL AS THE REMOVAL OF DAMS ANDRESTORATION OF THE FOOTPRINT OF THE PONDS AND DAMS; AND (C) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLANAND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OFRECEIVING EPA'S COMMENTS. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITERESTORATION WITHIN 60 DAYS OF THE PLAN IMPLEMENTATION.04-2010-5787 ATKINSON DEVELOPERS, LLC 03/12/2010 CWA 309A AO For Compliance





Summary3/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON ABOUT JUNE 2005, RESPONDENTS, AND/OR THOSE ACTING ONBEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVINGMACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE ESTABLISHMENT OF A HORSE FARM. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 19 ACRES OF FORESTED WETLANDS LYING ADJACENT TO LOOSINGSWAMP, WHICH CONNECTS TO LAKE SWAMP, WHICH FEEDS INTO THE LITTLE PEE DEE RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NOT TIME DURING THE DISCHARGE OF DREDGED AN/OR FILL MATERIAL AT THE DISCHRGE AREA FROM JUNE 2005, TO THE PRESENT, DIDRESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BYRESPONDENTS. EACH DISCHARGE BY RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT UNDERSECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.04-2010-5791 WISE, RUSSELL 06/14/2010 CWA 309A AO For Compliance6/14/10 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/ORFILL MATERIAL INTO JURISIDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 5 ACRES OF WETLANDS ADJACENT TO CHINNERSSWAMP, NORTH OF EDWARDS ROAD, NEAR THE CITY OF COOL SPRING, HORRY COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIALOCCURRED DURING THE CONSTRUCTION OF A POND. COMMENCING ON OR ABOUT NOV 2002 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGEDDREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING MECHANIZED EARTH MOVING MACHINERY, DURING UNAUTHORIZEDACTIVITIES ASSOCIATED WITH POND CONSTRUCTION. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 5 ACRES OF WETLANDSTHAT ARE ADJACENT TO CHINNERS SWAMP, WHICH IS TRIBUTARY TO THE LITTLE PEE DEE RIVER, A NAVAGABLE WATER OF THE U.S. RESPONDENT APPLIED FOR AND RECEIVED A CWA SEC 404(d) EXEMPTION FOR THE CONSTRUCTION OF THE FARM POND ON OR ABOUT MAY 30,2001. HOWEVER, UPON INSPECTION, ON OR ABOUT MARCH 10, 2003, THE ARMY CORPS OF ENGINEERS RESCINDED THAT EXEMPTION FOR FAILURETO COMPLY WITH THE CONDITIONS OF THE EXEMPTION. THEREFORE, AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL ATTHE DISCHARGE AREA FROM NOV 20, 2002 TO THE PRESENT DAY, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZINGTHE ACTIVITIES PERFORMED BY RESPONDENT. 04-2010-5793 JOHNSON, JAMES O. 03/25/2010 CWA 309A AO For Compliance





Summary3/25/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON ABOUT THE YEAR OF 2006, RESPONDENTS, AND/OR THOSE ACTINGON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTHMOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE ESTABLISHMENT OF A HORSE FARM. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 0.9 ACRES OF MANGROVE WETLANDS LYING ADJACENT TO LAKE PLACIDCANAL AND CHOKOLOSKEE BAY NAVIGABLE WATER OF THE UNITED STATES. AT NOT TIME DURING THE DISCHARGE OF DREDGED AN/OR FILL MATERIAL AT THE DISCHRGE AREA FROM 2006, TO THE PRESENT, DIDRESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BYRESPONDENTS. EACH DISCHARGE BY RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT UNDERSECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.04-2010-5796 D'ISERNIA, BRIAN /

NORTHWEST FLORIDAHOLDINGS, INC. / LAGOONLANDING, LLC / LAGOONHOLDINGS, LLC






Summary5/4/10 - COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDSAND WATERS OF THE U.S. INCLUDING APPROX 30 ACRES OF TIDAL AND FRESHWATER WETLANDS ADJACENT TO AND ABUTTING SAINT ANDREWSBAY. SITE IS LOCATED AT THE SOUTH END OF HALTER MARINE DRIVE/ALLANTON SHIPYARD ROAD, PANAMA CITY, BAY COUNTY, FL. THE DEPOSITIONOF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. OCCURRED DURING DREDGING OF A MANMADE BASIN AND OUTLET TO SAINTANDREWS BAY TO FACILITATE THE LAUNCH OF A VESSEL AND WITH PREPARING THE PROPERTY FOR RESIDENTIAL AND COMMERCIALDEVELOPMENT BY DEPOSITING DREDGE AND/OR FILL MATERIAL IN WATERS AND WETLANDS. COMMENCING ON OR ABOUT FEB 24, 2010 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS,DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY,DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH DREDGING OF A MANMADE BASIN AND OUTLET TO SAINT ANDREWS BAY TO FACILITATE THELAUNCH OF A VESSEL AND WITH PREPARING THE PROPERTY FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZEDACTIVITIES IMPACTED APPROX 30 ACRES OF TIDAL AND FRESHWATER WETLANDS. AT NO TIME DURING THE DISCHARGE DID RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404. THEREFORE, RESPONDENTS HAVE VIOLATEDCWA SEC 301. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES INTOWATERS OF THE U.S. B. WITHIN 48 HOURS, RESPONDENTS WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. D. IF EPA PROVIDES COMMENTS, RESPONDENTS SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVINGEPA COMMENTS. E. RESPONDENTS SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN. 04-2010-5797 DAVID W. BULGER, DAVID

BULGER, INC.05/14/2010 CWA 309A AO For Compliance

5/14/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL ATTHEDISCHARGE AREA FROM MAY 2007 TO PRESENT, DID RESPONDENTS POSSESS A PERMIT NUMBER UNDER SECTION 404 OF THE CWA, AUTHORIZINGTHE ACTIVITIES PERFORMED BY RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDERSECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a), OF THE CWA.04-2010-5800 STUTTS, RANDALL 07/16/2010 CWA 309A AO For Compliance





Summary7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. COMMENCING ON OR ABOUT JUNE 2007 TO PRESENT, RESPONDENT AND/OR THOSEACTING ON BEHALF OF RESPONDENT DISCHARGE DREDGED AND/OR FILL MATERIAL INTO A TRIBUTARY ON THE SITE USING EARTH MOVINGMACHINERY, DURING UNAUTHORIZED ACTIVTIES ASSOCIATED WITH THE CONSTRUCTION OF A 5.2 ACRE LAKE. RESPONDENT'S UNAUTHORIZEDACTIVITIES IMPACTED APPROX 1,200 LINEAR FEET OF AN UNNAMED PERENNIAL TRIBUTARY TO THE HARPETH RIVER, A NAVIGABLE WATER OF THEU.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANYDREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLAN SHOULD INCLUDEMEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (b) REMOVEUNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND (c) RESTORE IMPACTED WATERS OFTHE U.S. AT THE DISCHARGE AREA. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT THE EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN. 04-2010-5801 BARNHILL, JACK W., BARNHILL,

CHRISTOPHER W., BARNHILL,KATHRYN P.






Summary8/10/10 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT SEPTEMBER 2005, WITH ADDITIONAL IMPACTS DISCOVERED IN DECEMBER 2009, RESPONDENTS, AND/OR THOSEACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVINGMACHINERY DURING CONSTRUCTION OF A POND. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM SEPTEMBER 2005 TO THE PRESENT, DIDTHE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENTS. THEREFORE, THE RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT APERMIT. ORDER REQUIRES: IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL ANY"DREDGED" OR "FILL MATERIAL ," AS DEFINED BY 40 CFR SECTION 232.2, INTO WATERS OF UNITED STATES. 04-2010-7002 WILSON SPORTING GOODS

CO.05/27/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

5/27/10 - SPCC SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $600. SUMMARY OF FINDINGS: SECONDARY CONTAINMENT STRUCTURES WERE INADEQUATE; SPCC PLAN NOT UPDATED PAST 2002.04-2010-7003 ESTES EXPRESS LINES 05/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program





Summary5/6/10 - SPCC SETTLEMENT AGREEMENT, ASSESSING A PENALTY OF $1,400. ALLEGED VIOLATIONS: 1. FAILURE TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILITY BY 40 CFR 112.3(a) IN ACCORDANCE WITH THE GUIDELINES FOR PLANPREPARATION AT 40 CFR 112.7. 2. FAILURE TO IMPLEMENT AN SPCC PLAN AS REQUIRED BY 40 CFR 112.3(a) IN ACCORDANCE WITH THE GUIDELINES FOR PLAN IMPLEMENTATION AT40 CFR 112.7 AND/OR 112.8: A. SECONDARY CONTAINMENT AND/OR UNDIKED AREA DRAINAGE CONTROLS ARE NOT PROVIDED IN TANKER TRUCK UNLOADING AREAS ASREQUIRED BY 40 CFR 112.7(c) AND/OR 112.8(b)(3); B. RECORDS OF DIKE DRAINAGE EVENTS ARE NOT MAINTAINED AS REQUIRED BY 40 CFR 112.8(c)(3); C. RECORDS OF TANK INSPECTIONS OF TESTS ARE NOT MAINTAINED AS REQUIRED BY 40 CFR 112.8(c)(6); D. BULK STORAGE CONTAINER NOT EQUIPPED WITH A LIQUID LEVEL SENSING DEVICE AS REQUIRED BY 40 CFR 112.8(c)(8). 04-2010-7006 HUGHES EASTERN CORP/

NORTH BLOWHORN CREEKUNIT 73


5/11/10 - SPCC SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,000. ALLEGED VIOLATION: NO SPILL PREVENTION CONTROL ANDCOUNTERMEASURE PLAN. 04-2010-7190 SEALED AIR CORPORATION 06/24/2010 CAA 113A Admin Compliance Order (Non-Penalty)





Summary6/24/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 503(b)(2) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE ISREQUIRED TO PERIODICALLY (BUT NOT LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLEREQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TOTHE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO SECTION 3, GENERAL PERMIT PROVISIONS, SUBSECTION P,COMPLIANCE CERTIFICATION, OF THE RESPONDENT'S PERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FORCALENDAR YEAR 2009 TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4 BY MARCH 1, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCECERTIFICATIONS, AS OF JUNE 23, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONAL ADMINISTRATOR OFEPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS ANDCONDITIONS IN ACCORDANCE WITH 40 CFR 70.6(c)(5) AND 70.5(d), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FORCALENDAR YEAR 2008 WITHIN 14 CALENDAR DAYS.04-2010-8001 NEXAIR, LLC 11/17/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program11/17/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,130. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEENDAYS. ON JUNE 4, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHENRESPONDENT DID NOT PROVIE EVIDENCE THAT: IT HAS DOCUMENTED THE NAMES OR POSITIONS OF ALL PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL PREVENTION PROGRAMELEMENTS AND DEFINED THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION68.15(c); ITS 2006 PROCESS HAZARD ANALYSIS (pha) ADDRESSED STATIONARY SOURCE SITING AS REQUIRED BY 40 CFR SECTION 68.67(c)(5); AS PART OF THE 2006 pha, IT DEVELOPED A WRITTEN SCHEDULE OF WHEN pha ACTION ITEMS WERE TO BE COMPLETED, AND DOCUMENTED THECOMPLETION OF SUCH ACTION ITEMS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); AND INACCORDANCE WITH 40 CFR SECTION 68.195(a), IT SUBMITTED AN UPDATE TO ITS RISK MANAGEMENT PLAN FIVE-YEAR ACCIDENT HISTORY,INCLUDING INFORMATION REQUIRED AT 40 CFR SECTIONS 68,168, 68.170(j), WITHIN SIX MONTHS OF THE AUGUST 7, 2007, ACETYLENE INCIDENTTHAT OCCURRED AT THE FACILITY.04-2010-8002 HORIZON MILLING, LLC 02/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





Summary2/25/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,760, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 1B RIVERSIDE LANE,CHATTANOOGA, TN, ON MAY 15, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAMWHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT HAS IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): (3) SAFETY ANDHEALTH CONSIDERATION, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROLMEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; AND - IN ACCORDANCE WITH 40 CFR 68.195(b), IT SUBMITTED AN UPDATE TO ITS RISK MANAGEMENT PLAN TO REFLECT A CHANGE TO ITS FACILITYEMERGENCY CONTACT INFORAMTION REQUIRED UNDER 40 CFR 68.160(b)(6), WITHIN 30 DAYS OF SUCH CHANGE. A CHANGE IN THE FACILITY'SEMERGENCY CONTACT INFORMATION OCCURRED DURING DECEMBER 2007, BUT THE RISK MANAGEMENT PLAN EMERGENCY CONTACT INFO WASNOT UPDATED UNTIL MAY 19, 2008.04-2010-8003 SAMSON RESOURCES

COMPANY01/12/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





Summary1/12/09 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,350, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT THE RESONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: IT HAS COMPILED AND MAINTAINED THE FOLLOWING UP-TO-DATE SAFETY INFORMATION, RELATED TO THE REGULATED SUBSTANCES, PROCESSES,AND ALL EQUIPMENT AS REQUIRED BY 40 CFR 68.48: 1. SAFE UPPER AND LOWER TEMPERATURES, PRESSURES, FLOWS AND COMPOSITIONS (40 CFR 68.48(a)(3)); 2. EQUIPMENT SPECIFICATIONS (40 CFR 68.48(a)(4)); AND 3. CODES AND STANDARDS USED TO DESIGN, BUILD, AND OPERATE THE PROCESS (40 CFR 68.48(a)(5)); IT RETAINED A COPY OF THE DOCUMENTED RESULTS OF ITS HAZARD REVIEW CONDUCTED IN 2004 (40 CFR 68.50(c)); AND IT HAS CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEASTEVERY THREE YEARS, AND BASED ON SUCH AUDITS, CERTIFIED THAT THE PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEINGFOLLOWED AS REQUIRED BY 40 CFR 68.58(a). 04-2010-8004 ANNISTON WATER WORKS

AND SEWER BOARD02/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





Summary2/25/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,640, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S PAUL B. KREBS WATER TREATMENT PLANT LOCATED AT1326 BURKHARD DRIVE, ANNISTON, AL, ON JUNE 25, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENTPREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.52(b):(4) EMERGENCY SHUTDOWN AND OPERATIONS; (5) NORMAL SHUTDOWN; (6) STARTUP FOLLOWING A NORMAL OR EMERGENCY SHUTDOWN OR AMAJOR CHANGE THAT REQUIRES A HAZARD REVIEW; AND (7) CONSEQUENCES OF DEVIATION AND STEPS REQUIRED TO CORRECT OR AVOIDDEVIATION; IT HAS PROVIDED REFRESHER TRAINING FOR ITS EMPLOYEES, AT LEAST EVERY 3 YEARS, TO ENSURE THAT THE EMPLOYEES UNDERSTAND ANDADHERE TO OPERATING PROCEDURES AS REQUIRED BY 40 CFR 68.54(b); AND IT HAS RETAINED THE TWO MOST RECENT COMPLIANCE AUDIT REPORTS AT THE FACILITY AS REQUIRED BY 40 CFR 68.58(e). 04-2010-8005 DENZIL BOWMAN



3/11/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1000. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEENDAYS. EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDETHAT: IT HAS REVIEWED, UPDATED AND SUBMITTED ITS RISK MANAGEMENT PLAN (RMPlan) TO EPA AT LEAST EVERY FIVE YEARS AS REQUIRED BY 40 CFRSECTION 68.190(b)(1). THE RESPONDENT RMPlan WAS DUE FOR ITS FIVE YEAR REVIEW, UPDATE AND RESUBMISSION ON OR BEFORE JUNE 21, 2009.AS OF DECEMBER 10, 2009, RESPONDENT HAD NOT UPDATED AND RESUBMITTED ITS RMPlan. 04-2010-8006 GREENEVILLE WATER






Summary2/26/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,000, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WITH RESPONDENT DID NOT PROVIDEEVIDENCE THAT: - IT HAS REVIEWED, UPDATED, AND SUBMITTED ITS RISK MANAGEMENT PLANT TO EPA AT LEAST EVERY FIVE YEARS AS REQUIRED BY 40 CFR68.190(b)(1). THE RESPONDENT'S RISK MANAGEMENT PLAN WAS DUE FOR ITS FIVE YEAR REVIEW UPDATE AND RESUBMISSION ON OR BEFORE JUNE21, 2009. AS OF DEC 10, 2009, THE RESPONDENT HAD NOT UPDATED AND RESUBMITTED ITS RISK MANAGEMENT PLAN.04-2010-8007 WEST WILSON UTILITY

DISTRICT04/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

4/21/10 - EXPEDITED SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $2,000. ALLEGED VIOLATIONS: EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: IT SUBMITTED ITS INITIAL RISK MANAGEMENT PLAN (RMPlan) NO LATER THAN THE DATE ON WHICH A REGULATED SUBSTANCE WAS FIRST RPESENTABOVE A THRESHOLD QUANTITY IN A PROCESS. FAILURE TO SUBMIT THE RMPlan ON OR BEFORE THE DATE A REGULATED SUBSTANCE IS PRESENTABOVE A THRESHOLD QUANTITY IN A PROCESS IS A VIOLATION OF THE RISK MANAGEMENT PROGRAM REGULATIONS PROMULGATED AT 40 CFR68.15(b)(3) AND SECTION 112(r) OF THE ACT.04-2010-8008 LEWISBURG WATER






Summary4/21/2010 - EXPEDITED SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $660. ALLEGED VIOLATIONS: EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: ITS OPERATING PROCEDURES ADDRESS PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND THECONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS AS REQUIRED BY 40 CFR 68.69(a)(3)(i) AND (iii) AND IT HAS CONDUCTED COMPLIANCE EVALUATIONS, AT LEAST EVERY 3 YRS, AND BASED ON SUCH EVALUATIONS, CERTIFIED THAT ITS ACCIDENTPREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).04-2010-8009 LEWISBURG WASTEWATER


4/13/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $660. ALLEGED VIOLATIONS: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: ITS OPERATING PROCEDURES ADDRESS PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND THECONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS AS REQUIRED BY 40 CFR 68.69(a)(3)(i) AND (iii); AND IT HAS CONDUCTED COMPLIANCE EVALUATIONS, AT LEAST EVERY 3 YEARS, AND BASED ON SUCH EVALUATIONS, CERTIFIED THAT ITS ACCIDENTPREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).04-2010-8010 CITY OF MARYVILLE







Summary5/4/2010 - EXPEDITED SETTLEMENT AGREEMENT, ASSESSING A PENALTY OF $1,950. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ORDER ALLEGES: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: ITS OPERATING PROCEDURES ADDRESS PROPERTIES OF, AND HAZARDS PRESENTD BY THE CHEMICALS USED IN THE PROCESS; AND THECONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS AS REQUIRED BY 40 CFR SECTION 68.60(a)(e)(i) & (iii); IT ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE, TO ASSURE THAT THE PROCEDURES REFLECTCURRENT OPERATING PROCEDRUES AS REQUIRED BY 40 CFR SECTION 68.69(c); AND IT HAS CONDUCTED COMPLIANCE EVALUATIONS, AT LEAST EVERY THREE YEARS, AND BASED ON SUCH EVALUATIONS, CERTIFIED THAT ITSACCIDENT PREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.70(a). 04-2010-8011 TYSON FOODS, INC. 04/15/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program4/15/10 - EXPEDITED SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $2,835. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON OCT 1, 2008, EPAALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE, TO ASSURE THAT THE PROCEDURES REFLECTCURRENT OPERATING PRACTICES AS REQUIRED BY 40 CFR 68.69(c); AND IT PERFORMED AND DOCUMENTED A PRE-STARTUP REVIEW AFTER IMPLEMENTING THE "PIPING UPGRADE" MANAGEMENT OF CHANGE DATED DEC9, 2007, AS REQUIRED BY 40 CFR 68.77(a). 04-2010-8012 THE EGGO COMPANY 04/15/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





Summary4/15/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,260. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENTPREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS MAINTAINED UPDATED PIPING AND INSTRUMENTATION DIAGRAMS AS PART OF ITS WRITTEN PROCESS SAFETY INFORMATION AS REQUIREDBY 40 CFR 68.65(d)(1)(ii).04-2010-8013 THE PICTSWEET COMPANY 05/04/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program5/4/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,040. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEENDAYS. ORDER ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY LOCATED AT 2170 ANDERSON AVENUE,BROWNSVILLE, TENNESSEE, ON OCTOBER 16, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTIONPROGRAM WHEN RESPONDENT DID NOT PROVIDE THAT: IT DEVELOPED A MANAGEMENT SYSTEM TO OVERSEE THE IMPLEMENTATION OF THE RISK MANAGEMENT PROGRAM, DOCUMENTED PERSONSRESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS, AND DEFINED LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART ORSIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(a) & (c); IT DEVELOPED A WRITTEN SCHEDULE FOR THE IMPLEMENTATION/COMPLETION OF RECOMMENDATIONS (ACTION ITEMS) RESULTING FROM THE2004 PROCESS HAZARD ANALYSIS, AND DOCUMENT THE OUTCOME AND COMPLETION OF ACTION AS REQUIRED BY 40 CFR SECTION 68.67(e). IT HAS CERTIFIED ANNUALLY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWEDAS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c); AND IT HAS ASCERTAINED AND DOCUMENTED IN A RECORD THAT EACHEMPLOYEE INVOLVED IN OERTING A PROCESS HAS RECEIVED AND UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c).04-2010-8014 RECYCLE AEROSOL, LLC 06/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





Summary6/9/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,360, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY, EPA ALLEGES THAT RESPONDENT VIOLATED THECAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS DOCUMENTED THE NAMES OR POSITIONS OF ALL PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL PREVENTION PROGRAMELEMENTS AND DEFINED THE LINES OF AUTHORITY THRU AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CCR 68.15(c); AS PART OF ITS SAFETY INFO DOCUMENTATION AND ITS CURRENT RISK MGMT PLAN (RMPlan), IT HAS COMPLIED, MAINTAINED AND REPORTED THECORRECT MAXIMUM INTENDED INVENTORY OF THE PROCESS AS REQUIRED BY 40 CFR 68.65(c)(1)(iii) AND 40 CFR 68.160(b)7); IT HAS ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MAINTAIN THE ON-GOING INTEGRITY OF THE PROCESS EQUIPMENT ASREQUIRED BY 40 CFR 68.73(b); IT SUBMITTED ITS RMPlan NO LATER THAN THE DATE ON WHICH A REGULATED SUBSTANCE WAS FIRST PRESENT ABOVE A THRESHOLD QUANTITYIN A PROCESS AS REQUIRED BY 40 CFR 68.150(b)(3); AND ITS CURRENT RMPlan REGISTRATION INFO INCLUDES THE CORRECT PROGRAM LEVEL OF THE PROCESS AS REQUIRED BY 40 CFR 68.160(b)(7). 04-2010-8015 MOBILE SOLVENT AND

SUPPLY, INC.08/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

8/3/2010 - EXPEDTED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $750. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEENDAYS. AGREEMENT ALLEGES: RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID PROVIDE EVIDENCE THAT: IT CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERYTHREE YEARS, AND BASED ON SUCH AUDITS, CERTIFIED THAT THE PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED ASREQUIRED BY 40 CFR SECTION 68.58(a).04-2010-8016 LAWRENCEBURG UTILITY

SYSTEMS06/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





Summary6/9/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,800, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: IT HAS DOCUMENTED AND COMPILED AS PART OF THE PROCESS SAFETY INFO THE FOLLOWING PERTAINING TO THE TECHNOLOGY OF THEPROCESS AS REQUIRED BY 40 CFR 68.65(c)(1); (iv) SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURE, PRESSURES, FLOWS ANDCOMPOSITIONS, AND (v) AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS; IT HAS DOCUMENTED AND COMPILED AS PART OF THE PROCESS SAFETY INFO THE FOLLOWING PERTAINING TO THE PROCESS EQUIPMENT ASREQUIRED BY 40 CFR 68.65(d)(1): (i) MATERIALS OF CONSTRUCTION, (ii) PIPING AND INSTRUMENT DIAGRAMS, (iii) ELECTRICAL CLASSIFICATION, (iv)RELIEF SYSTEM DESIGN AND DESIGN BASIS, AND (viii) SAFETY SYSTEMS (e.g., INTERLOCKS, DETECTION OR SUPPRESSION SYSTEMS); IT HAS UPDATED AND REVALIDATED ITS PROCESS HAZARD ANALYSIS AT LEAST EVERY 5 YEARS AS REQUIRED BY 40 CFR 638.67(f); IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c); IT HAS PROVIDED REFRESHER TRAINING, AT LEAST EVERY 3 YRS, TO EMPLOYEES INVOLVED WITH THE COVERED PROCESSES TO ENSURE THATITS EMPLOYEES UNDERSTAND AND ADHERE TO THE CURRENT OPERATING PROCEDURES AS REQUIRED BY 40 CFR 68.71(b); IT HAS CONDUCTED COMPLIANCE EVALUATIONS, AT LEAST EVERY 3 YRS, AND BASED ON SUCH EVALUATIONS, CERTIFIED THAT ITS ACCIDENTPREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a); AND IT HAS REVIEWED, UPDATED AND SUBMITTED ITS RISK MANAGEMENT PLAN (RMPlan) TO EPA AT LEAST EVERY 5 YRS AS REQUIRED BY 40 CFR 68.190(b)(1). THE RESPONDENT'S RMPlan WA DUE FOR ITS 5 YR REVIEW, UPDATE AND RESUBMISSION ON OR BEFORE JUNE 9, 2009. AS OF APR 28, 2009,THE RESPONDENT HAD NOT UPDATED AND RESUBMITTED ITS RMPlan.04-2010-8017 DRY CREEK WASTEWATER






Summary6/9/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,920, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDEEVIDENCE THAT: IT HAS UPDATED AND REVALIDATED ITS PROCESS HAZARD ANALYSIS AT LEAST EVERY 5 YRS AS REQUIRED BY 40 CFR 68.67(f); IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c); AND IT HAS PROVIDED REFRESHER TRAINING FOR ITS EMPLOYEES, AT LEAST EVERY 3 YRS, TO ENSURE THAT THE EMPLOYEES UNDERSTAND ANDADHERE TO OPERATING PROCEDURES AS REQUIRED BY 40 CFR 68.71(b). 04-2010-8018 MOBILE AREA WATER AND

SEWER SYSTEM08/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

8/3/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,500. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEENDAYS. AGREEMENT ALLEGES: RESPONDENT HAS NOT SUBMITTED ITS UPDATED RISK MANAGEMENT PLAN WITH THE REQUIRED ACCIDENT HISTORY INFORMATION.04-2010-8019 VERSACOLD LOGISTICS

SERVICES06/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

6/9/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $600, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY, EPA ALLEGES THAT THE RESPONDENT VIOLATEDTHE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS DOCUMENTED OTHER PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM ANDDEFINED THE LINES OF AUTHORITY THRU AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR 68.15(c); AND IT HAS DEVELOPED AND DOCUMENTED A CONTRACTOR EVAULATION PROGRAM AS REQUIRED BY 40 CFR 68.87(b)(5).





Summary04-2010-8020 ADVANCED TECHNICAL

CERAMICS COMPANY07/20/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

7/20/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,890. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY, EPA ALLEGES THAT THE RESPONDENT VIOLATEDTHE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c); AS PART OF ITS TRAINING RECORDS, IT HAS DOCUMENTED THE MEANS BY WHICH IT USED TO VERIFY THAT ITS EMPLOYEES UNDERSTOOD SUCHTRAINING AS REQUIRED BY 40 CFR 68.71(c); AND IT HAS CONDUCTED COMPLIANCE EVALUATIONS, AT LEAST EVERY 3 YEARS, AND BASED ON SUCH EVALUATIONS, CERTIFIED THAT ITS ACCIDENTPREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a). 04-2010-9005 ITT THOMPSON INDUSTRIES

SUPERFUND SITE04/28/2010 Pre-Referral Negotiation

EPA REGION 4, ALONG WITH ITT CORPORATION, PROPOSES TO ENTER INTO A CD UNDER CERCLA SECTION 106 AND 107 FOR THE ITT THOMPSONINDUSTRIES SUPERFUND SITE LOCATED IN MADISON COUNTY, FL. ITT CORPORATION, WHICH OPERATED THE SITE AT THE TIME OF DISPOSAL, ISTHE SOLE RESPONSIBLE PARTY. THE CD PROVIDES FOR ITT TO CONDUCT A RD/RA FOR THE SITE AS PROVIDED IN THE ROD. THE ROD ADDRESSESIMPACTED SOIL, SEDIMENT AND WATER CONTAMINATION. THE TOTAL ESTIMATED COSTS OF THE REMEDY IS $2,607,000. THE SITE OCCUPIES APPROX 4.66 ACRES IS MADISON, MADISON COUNTY, FL. THE FACILITY HAS BEEN USED FOR A VARIETY OF MANUFACTURINGENTITIES SINCE AT LEAST 1950. FORMER BUSINESSES OPERATED ON THE SITE INCLUDE A LUMBERMILL, AND THEN MOSTLY MANUFACTURERS OFMETAL AUTOMOTIVE ORNAMENTATION COMPONENTS. THESE AUTOMOBILE COMPONENT MANUFACTURING INCLUDED ROLL FORMING, STAMPING,ASSEMBLY, WELDING AND PAINTING, BUT NO ELECTROPLATING. MATERIALS USED AT THE SITE INCLUDED: DIESEL FUEL, OIL, PAINT, LACQUER ANDPAINT THINNER, MINERAL SPIRITS, PHOSPHORIC ACID, CAUSTIC STRIPPER, TOLUENE, AND TCE. THE SITE WILL BE FOLLOWING THE SUPERFUND ALTERNATIVE APPROACH. SITES USING THE SUPERFUND ALTERNATIVE APPROACH REQUIRELONG-TERM RESPONSE AND ARE ELIGIBLE TO BE PLACED ON THE NPL. ALL WORK DONE PURSUANT TO THE ROD WILL BE PERFORMED IN THESAME MANNER, FOLLOWING THE SAME AGREED TO REQUIREMENTS, STANDARDS AND GUIDELINES AS IT WOULD BE IF THE SITE WERE LISTED ONTHE NPL. EPA AGREED TO CONSIDER SUSPENDING THE LISTING PROCESS OF THE SITE TO ALLOW THE PRP AN OPPORTUNITY TO ENTER INTO ANAGREEMENT THAT COMMITS IT TO CLEANUP THE SITE IN THE SAME MANNER AS IF IT WERE LISTED ON THE NPL WITHOUT ACTUAL LISTED.04-2010-9111 FAIRWAY FORD, INC. 03/15/2010 CAA 113D1 Action For Penalty





Summary3/15/2010 - NOTICE OF DETERMINATION ISSUED. BY LETTER DATED NOV 17, 2009, FAIRWAY FORD, INC., NOTIFIED EPA REGION 4 THAT IT HADDISCOVERED A VIOLATION OF SECTION 609 OF THE CAA, SPECIFICALLY; FAILURE TO CERTIFY TO EPA THAT IT HAD AND WAS USING APPROPRIATEREFRIGERANT RECYCLING OR RECOVERY EQUIPMENT, WHICH IS A VIOLATION OF 40 CFR 82.42(a). FAIRWAY FORD, INC., PROVIDED EVIDENCE THATIT HAS CORRECTED THE VIOLATION.04-2010-9124 GRIFFIN INDUSTRIES, INC. 08/03/2010 CAA 113D1 Action For Penalty8/3/2010 - NOTICE OF DETERMINATION ISSUED. RESPONDENT DID NOT SUBMIT AN ACQUISITION CERTIFICATION FORM FOR REFRIGERANT RECOVERY EQUIPMENT, IN VIOLATION OF SECTION 608OF THE CAA AND 40 CFR SECTION 82.162. RESPONDENT CORRECTED THE VIOLATION BY SUBMITTING THE ACQUISITION CERTIFICATION FORM TOEPA.04-2010-9168 AMERICAN WATER

ENTERPRISES HOLDING, INC.07/30/2010 EPCRA 325 Action For Penalty

7/30/2010 - NOTICE OF DETERMINATION (NOD) ISSUED. NOD STATES: RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2005 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUMHYDROXIDE, AND SODIUM HYPOCHLORITE; RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2006 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUMHYDROXIDE, AN SODIUM HYPOCHLORITE; RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2007 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUMHYDROXIDE, AN SODIUM HYPOCHLORITE; RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2008 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUMHYDROXIDE, AN SODIUM HYPOCHLORITE; RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2009 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUMHYDROXIDE, AN SODIUM HYPOCHLORITE. PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED RESPONDENT, EPA MAKE THE FOLLOWING FINAL DETERMINATION FORTHE DISCLOSURE ABOVE: RESPONDENT MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASEDPENALTIES FOR THESE VIOLATIONS. EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OFTHIS DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.





Summary04-2010-9800 HUNGRY (BIG BEAR) FOOD

MART10/05/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

10/5/2009 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $600. RESPONDENT FAILED TO MONITOR TANKSAT LEAST EVERY 30 DAYS. RESPONDENT FAILED TO INSTALL ANY CATHODIC PROTECTION FOR METAL PIPING REQUIRMENTS.04-2010-9801 COLLINS EXXON INC. 10/29/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program10/29/2009 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $300. RESPONDENT FAILED TO PROVIDERELEASE DETECTION METHOD (SIR). 04-2010-9802 CAROLINA MINI MART 11/09/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program11/9/2009 - FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $300. RESPONDENT FAILED TO PROVIDE SPILL OROVERFILL PREVENTION SYSTEM FOR AN EXISTING TANK.04-2010-9803 HOT SPOT 1102 11/09/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program11/9/2009 - FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150. RESPONDENT FAILED TO INSTALL ADEQUATEOVERFILL PREVENTION EQUIPMENT IN NEW TANK.04-2010-9804 RAINBOW GROCERY 12/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program12/2/2009 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $300. RESPONDENT FAILED TO ENSURE PROPEROPERATION OF CATHODIC PROTECTION. RESPONDENT FAILED TO INSPECT IMPRESSED CURRENT SYSTEM EVERY 60 DAYS.04-2010-9805 PANTRY #3015 11/24/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program11/24/2009 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150. RESPONDENT FAILED TO INSPECTIMPRESSED CURRENT SYSTEMS EVERY 60 DAYS.04-2010-9806 RANGER CONVENIENCE 12/11/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program12/11/2009 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150. RESPONDENT INSTALLED INADEQUATEOVERFILL PREVENTION EQUIPMENT IN A NEW TANK.04-2010-9807 ELLER'S CITGO 01/07/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program1/7/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150. RESPONDENT INSTALLED INADEQUATEOVERFILL PREVENTION EQUIPMENT IN NEW TANK.04-2010-9808 B & R MINI MART 01/14/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program1/14/2010 - UNDERGROUND STORAGE TANK (UST) FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150.RESPONDENT FAILED TO MAINTAIN RELEASE DETECTION RECORDS.04-2010-9809 EPCO 02/10/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program





Summary2/10/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $300. RESPONENT FAILED TO MONITOR TANKS ATLEAST EVERY 30 DAYS.04-2010-9810 QUICK & GO 02/26/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program2/26/10 - UNDERGROUND STORAGE TANK (UST) FIELD CITATION FOR EXPEDITED SETTLEMENT, ASSESSING A PENALTY OF $750. RESPONDENTFAILED TO INSPECT IMPRESSED CURRENT SYSTEM EVERY 60 DAYS. RESPONDENT FAILED TO MONITOR TANKS EVERY 30 DAYS. RESPONDENTFAILED TO HAVE ANNUAL LINE TIGHTNESS TEST OF PERFORM MONTHLY MONITORING ON PRESSURIZED PIPING.04-2010-9811 HIGHLAND BP SERVICE 02/25/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program2/25/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $300. RESPONDENT FAILED TO MONITOR TANKSAT LEAST EVERY THIRTY DAYS.04-2010-9812 JOHNNY'S MART 04/15/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program4/15/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150.00. VIOLATION: INSTALLATION OFINADEQUATE SPILL PREVENTION IN A NEW TANK.04-2010-9813 HANDY MART 58 04/15/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program4/15/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150.00. VIOLATION: INSTALLATION OFINADEQUATE SPILL PREVENTION IN A NEW TANK.04-2010-9814 VILLAGE TRADER 04/15/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program4/15/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150.00. VIOLATION: INSTALLATION OFINADEQUATE OVERFILL PREVENTION EQUIPMENT IN A NEW TANK.04-2010-9815 PENNROSE EXXON 05/12/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program5/12/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $150. RESPONDENT FAILED TO ENSURE PROPEROPERATION OF CATHODIC PROTECTION SYSTEM. IN VIOLATION OF 40 CFR SECTION 280.31(b).04-2010-9816 DANIEL'S THRIFTY MART 05/12/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program5/12/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT ISSUED, ASSESSING A PENALTY OF $300. RESPONDENT FAILED TO USE A SPILLPREVENTION SYSTEM AND AN OVERFILL PREVENTION SYSTEM. IN VIOLATION OF 40 CFR SECTION 280.20(c).04-2010-9817 RENTZ OIL COMPANY 05/12/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program5/12/2010 - UST FIELD CITATION ISSUED, ASSESSING A PENALTY OF $150.OO. RESPONDENT FAILED TO MEET INTERIOR LINING INSPECTIONREQUIREMENTS FOR TANK UPGRADE. IN VIOLATION OF 40 CFR SECTION 2080.21(b)(1)(ii).04-2010-9818 EXPRESS USA 06/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program6/8/2010 - UST FILED CITATION FOR EXPEDITED SETTLEMENT, ASSESSING A PENALTY OF $420. RESPONDENT FAILED TO PROVIDE A SPILL OROVERFILL PREVENTION SYSTEM FOR AN EXISTING TANK. IN VIOLATION OF 40 CFR SECTION 280.21(d).





Summary04-2010-9819 COACH'S GROCERY 06/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program6/8/2010 - UST FIELD CITATION FOR EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $300. RESPONDENT FAILED TOPROVIDE SPILL OR OVERFILL PREVENTION SYSTEM FOR AN EXISTING TANK. IN VIOLATION OF 40 CFR 280.21(d).AL-000064 ADMINISTRATIVE ORDER

02/05/201002/05/2010 State CWA Non Penalty AO

AL-46-000032 ALR165333 04/02/2010 State CWA Penalty AO

GA-02/19/2010ORDER

FULTON CO BRD OF COMM(GA0024333) WQ 5158


GA-03/17/2010EECO

ROCKDALE CO EECO(GA0047678) FORMAL ORDERP-10-007


GA-05/12/10EECO

VILLA RICA (GA0027171)ORDER/EECO P10-006


GA-AMEND # 2 BUFORD SOUTHSIDE(GA0023167) EPD WQ 4222


GA-COND #5-03/02/10

BYRON WPCP (GA0026794)COND # 5 WQ 5029


GA-EECO05/12/2010

CLAYTON CO WATER AUTHORDER PCEP 10-009


GA-EECOP-09-018

GWINETTE CO JACKS CRKWPCP(GA0047627) P-09-018






SummaryGA-EECOP-09-019

WESTSIDE WPCP (GA0023175)PCEP-09-019


GA-EECO-P09-021

CLAYTON CO WATER AUTH5PS EPD PCEP 09-021


GA-EECO P10-003

TEMPLE (GAU020134)02/08/2010 EPD PCEP 10-003


GA-EECO PCEP10-003

CITY OF TEMPLE LAS(GAU020134) PCEP 10-003


GA-EECO PCEP10-004

GRIFFIN (GA0030791) PCEP10-004


GA-EECO PCEP10-005

WEST POINT WPCP(GA0020052) PCEP 10-005


GA-ORDER P10-008

FORSYTH CO (GAU020186)PCEP 10-008


GA-ORDER WQ5195

UNADILLA LAS (GAU020151)5/27/10- WQ 5195


GA-ORD WQ5132

VILLA RICA 2PS - WQ 5132 10/21/2009 State Administrative Order of Consent

GA-ORD WQ5132

VILLA RICA 2PS - WQ 5132 10/21/2009 State CWA Penalty AO





SummaryGA-WQ 5172ORDER

COBB CO SEWERAGE SYSTFISH KILL (GA0024988) WQ5172


GA-WQ 5184 ASHBURN INN (GA0023370) WQ5184


TN-WPC09-0158 COMMISSIONER'S ORDER 11/05/2009 State CWA Penalty AOOn November 5, 2009 the Towm of Monterey was issued a Commissioner's Order. The Town of Monterey owns and operates a wastewater treatment plant. ThisOrder addresses several violations of the Water Quality Control Act. These violations include, but are not limited to, discharging wastewater effluent from the WWTPin violation of the terms and conditions of the permit. This Order requires the Respondent to submit for approval a CAP/ER, initiate the approved CAP/ER, submit to the division a SORP, implement the approved SORP,submit an MOM, submit an annual report and maintain a capacity collection and treatment evaluation program on all new sewer connections. The Order assesses acivil penalty of $135,500.00, of which $13,500.00 is non-contingent and $122,000.00 is contingent. In lieu of the $13,500.00, the Respondent may propose a SEP withat least a value of $27,000.00 to be submitted within 30 days of receipt of the Order. TN-WPC09-0201 DIRECTOR'S ORDER 03/23/2010 State CWA Penalty AOA Director s Order was issued on March 23, 2010, to the Town of Mountain City in Johnson County for NPDES permit (TN0024945) violations at WWTP The Orderassesses a total Civil Penalty of $78,500.00, of which $9,500.00 is non-contingent and the remaining $69,000.00 is contingent upon the Respondent complying withthe Order requirements.TN-WPC09-0205 CITY OF BELLS 01/14/2010 State Administrative Order of Consenton January 14, 2010, to the City of Bells in Crockett County for NPDES permit effluent limit violations according to the QNCR. This Order assesses a total civil penaltyof $7,000.00, which is non-contingent. Expedited Director s Orders contain an option to re-allocate the civil penalty into contingent and non-contingent portions if theRespondent waives the right to appeal the order. If the Respondent chooses to waive the right to appeal this Order, then half of the total civil penalty becomescontingent upon compliance with NPDES permit requirements at the facility for a period of one year.TN-WPC09-0205 CITY OF BELLS 01/14/2010 State CWA Penalty AOon January 14, 2010, to the City of Bells in Crockett County for NPDES permit effluent limit violations according to the QNCR. This Order assesses a total civil penaltyof $7,000.00, which is non-contingent. Expedited Director s Orders contain an option to re-allocate the civil penalty into contingent and non-contingent portions if theRespondent waives the right to appeal the order. If the Respondent chooses to waive the right to appeal this Order, then half of the total civil penalty becomescontingent upon compliance with NPDES permit requirements at the facility for a period of one year.

05





Summary05-1998-0604 SAUGET AREA ONE SITE G 12/15/2009 Civil Judicial ActionSAUGET AREA ONE SITE G IS AN ULINED LANDFILL WHICH ACCEPTED WASTES FROM SAUGET AREA INDUSTRIES FROM 1952 TO 1966. ITCONTAINS PCBS, DIOXIN, ORGANICS AND METALS. IN THE 1990S, IT SPONTANEOUSLY COMBUSTED ON SEVERAL OCCASSIONS. AFTERNEGOTIATION WITH LOCAL INDUSTRIES FAILED, A REMOVAL ACTION WAS CONDUCTED BY THE REGION IN 1995. SOL DATE IS AUGUST 1998.COMPLAINT FILED IN DISTRICT COURT. CASE PROCEEDING TO TRIAL. 05-1999-0645 FIRST ENERGY CORP/OHIO

EDISON CO03/01/2010 Civil Judicial Action

OHIO EDISON CORPORATION PERFORMED A NUMBER OF MODIFICATIONS TO THEIR BOILER UNITS BETWEEN 1984 AND 1997. U.S. EPA BELIEVESTHESE MODIFICATIONS RESULTED IN A SIGNIFICANT EMISSIONS INCREASE FOR THE POLLUTANTS SPECIFIED ABOVE. AS A RESULT, OHIO EDISONWAS REQUIRED TO OBTAIN A PERMIT BEFORE MODIFYING THEIR BOILER UNITS. THE FAILURE TO OBTAIN A PERMIT FOR THESE MODIFICATIONS ISA VIOLATION OF THE PSD REGULATIONS. FURTHER, SOME OF THE PROJECTS MAY ALSO HAVE VIOLATED NSPS REGULATIONS. FILED 11-3-9905-1999-0757 MARATHON ASHLAND

PETROLEUM, LLP - (6FACILITIES)


THE MARATHON OIL COMPANY, INC., HAS VIOLATED PROVISIONS OF THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS FORBENZENE WASTE OPERATIONS, 40 C.F.R. PART 61, SUBPART FF (CODIFIED AT 40 C.F.R. 61.340 - 61.358). SPECIFICALLY, MARATHON HAS FAILEDTO IDENTIFY ALL OF THE BENZENE WASTE STREAMS AT ITS REFINERY, AND FAILED TO COMPLY WITH SPECIFIED CONTROL REQUIREMENTS. INADDITION, MARATHON HAS VIOLATED RELATED DOCUMENTATION AND REPORTING REQUIREMENTS. 05-2000-0201 CINERGY - GALLAGHER 03/19/2010 Civil Judicial ActionPart of HQ initiative against coal fired utilities for NSR violations. The original complaint filed was on 11/03/1999 which included other facilities. Case stayed pendingsettlement negotiations. The Department of Justice and the Environmental Protection Agency initiated a $93 million settlement with Duke Energy to resolve violations of the Clean Air Act atthe Gallagher coal-fired power plant in New Albany, Indiana, directly across the Ohio River from Louisville, Kentucky. The settlement requires Duke to spendapproximately $85 million to cut sulfur dioxide pollution at the Gallagher plant, to fund an additional $6.25 million for environmental mitigation projects such asinvestments in new hydro power generation, and to pay a $1.75 million penalty. Overall, the settlement is anticipated to reduce sulphur dioxide emissions at theGallagher Plant by about 34,770 tons per year, an 86% reduction in emissions when compared to 2008 emissions. 05-2003-0256 DORE & ASSOCIATES

CONTRACTING, INC. (SB)11/18/2009 Civil Judicial Action





Summary'On July 14, 2008, a complaint was filed to recover civil penalties from Dore & Associates Contracting, Inc. (Dore) for violations of Section 112(f)(4) of the Clean Air Act(the Act) and the National Emission Standards for Hazardous Air Pollutants for asbestos, at 40 C.F.R. Part 61, Subpart M (the Asbestos NESHAP). The complaintalleges that Dore committed numerous violations of the Act and the Asbestos NESHAP while performing demolition activities at two facilities in Wayne County,Michigan involving friable asbestos material. These facilities were the former Jeffries Home Steam Plant (the Steam Plant), at 1222 Selden Road, Detroit, Michigan,and the former Phoenix Correctional Facility (Phoenix), at 47900 Five Mile Road, Plymouth, Michigan. Specifically, at the Steam Plant, the complaint alleges fourviolations: three of which involve work practice violations on August 30, September 5, and November 8, 2000; the other involves improper reporting. At Phoenix, thecomplaint alleges three violations: two of which involve work practice violations on May 22 and 31, 2000; the other involves a reporting violation. The alleged workpractice violations include failure to wet all regulated asbestos-containing material removed or stripped from the Steam Plant and Phoenix, and failure to keep thatmaterial wet until collected and contained or treated in accordance with the Asbestos NESHAP. Under this Stipulation and Agreed Order, Dore must pay a $60,000civil penalty. No injunctive relief is sought. 05-2004-0531 CRESCENT PLATING - JAMES

SAPORITO PAST COSTS06/30/2010 Civil Judicial Action

THIS REFERRAL REQUESTS INITIATION OF LITIGATION TO COLLECT PENALTIES FROM PAUL CARR AND JAMES SAPORITO FOR FAILURE TO PROVIDEADEQUATE RESPONSE TO AN INFORMATION REQUEST ISSUED TO THEM PURSUANT TO SECTION 104(E) OF CERCLA, AND AN ORDER REQUIRINGJAMES SAPORITO AND PAUL CARR TO RESPOND TO EPA?S INFORMATION REQUEST. THIS REFERRAL ALSO REQUESTS INITIATION OF LITIGATIONTO RECOVER RESPONSE COSTS INCURRED AND TO BE INCURRED BY EPA FROM PAUL CARR, JAMES SAPORITO, AND SAHLI ENTERPRISES, INC., INCONNECTION WITH AN ON-GOING TIME-CRITICAL REMOVAL ACTION AT THE CRESCENT PLATING SUPERFUND SITE IN CHICAGO, ILLINOIS.05-2004-0638 CITY OF DULUTH/WESTERN LK

SUPERIOR SD10/05/2009 Civil Judicial Action

SSO Violations05-2004-0704 BIG RIVER ZINC CORP 06/30/2010 Civil Judicial ActionBig River Zinc Corporation (BRZ) owns a zinc smelter in Sauget, Illinois. This plant is subject to, among other things, Clean Air Act (Act) provisions for the NewSource Performance Standards (NSPS) for primary zinc smelters at 40 C.F.R. Part 60, Subparts A and Q. On August 15, 2003, EPA issued a Finding of Violation(FOV) to BRZ, alleging violations of the applicable NSPS regulations. More specifically, the FOV stated that BRZ had replaced the Sauget facility's two zinc roasters,"affected facilities" under the NSPS regulations, without providing notification to the Administrator and conducting performance tests. The FOV also alleged that BRZwas violating Subpart Q sulfur dioxide emission limits in 40 C.F.R. 60.173(a). The source ceased its zinc roasting operations in early 2006, alleging financial hardshipcaused by high raw material prices. Under the CD, BRZ must pay a civil penalty of $250,000, an amount based upon its poor financial condition as well as its agreement to commit to a more stringentlevel of control than is currently required by the primary zinc NSPS. The CD also requires BRZ to: 1) Pay stipulated penalties; 2) Apply to the Illinois EPA toincorporate Decree requirements into a federally enforceable construction permit or State Implementation Plan submission, as well as into BRZ's Title V operatingpermit; 3) Comply with all applicable laws in the event that BRZ decides to use its roasters for operation other than zinc roasting; and 4) Submit reports to EPA on aquarterly basis. As a result of the injunctive relief required by the CD, Region 5 estimates emission reductions in SO2 of 2,570 tons/year.





Summary05-2004-0806 LAFARGE NORTH AMERICA,

INC. (NATIONAL CASE) (LEAD)03/18/2010 Civil Judicial Action

In July 2003, EPA and Lafarge initiated global settlement discussions in order to address possible violations of PSD/NNSR and Title V at the company s cementplants. The Consent Decree requires Lafarge to, among other things: Control sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions at its cement plants, through both process changes and control equipment; Control NOx emissions atthe Joppa, Illinois facility with Selective Catalytic Reduction (SCR). This will be the first such application of SCR on a cement kiln in the United States; Control SO2emissions at the two largest Lafarge facilities (Alpena, Michigan and Ravena, New York) by installing wet scrubbers; In some cases, utilize a test-and-set method tomore accurately determine current emissions and appropriate reductions; and, Install continuous emission monitoring systems for SO2 and NOx at most plants. TheDecree requires Lafarge to pay a civil penalty of $5,075,000, with two-thirds ($3,383,000) to be paid to the United States and the remaining one-third ($1,692,000) tobe divided among the state/local agency signators. In addition, Lafarge is subject to stipulated penalties for violations of the Decree. The Consent Decree alsoresolves Lafarge s liability for past violations of PSD, NNSR and Title V alleged in the complaint. Once Lafarge has satisfied all of its obligations under the Decree andmaintained satisfactory compliance for three years at all facilities, it may request termination. The Decree also contains customary language regarding force majeure,dispute resolution, information collection and retention, among other standard provisions. As a result of the injunctive relief required by the Consent Decree, weestimate emission reductions in SO2 of 26,697 tons/year, and in NOX of 9,923 tons/year. 05-2005-0331 CITY OF JEFFERSONVILLE 11/24/2009 Civil Judicial ActionCSO REFERRAL05-2005-4530 BUNGE NORTH AMERICA, INC.

(NATIONAL CASE) (LEAD)02/04/2010 Civil Judicial Action

Region 5 is the lead region for this national case. On January 16, 2007, the United States District Court for the Central District of Illinois entered a Consent Decreebetween the United States, eight States, and Bunge North America, Inc., Bunge North America (East), L.L.C., Bunge North America (OPD West), Inc., and BungeMilling, Inc., (collectively, Bunge ) that resolves violations of the Clean Air Act, certain State violations and reporting violations. Each of the eight States (Louisiana,Indiana, Illinois, Kansas, Ohio, Mississippi, Iowa and Alabama) in which Bunge operates a plant is a Plaintiff-Intervenor and a signatory to the Consent Decree. On October 26, 2006, the United States simultaneously filed a Complaint and lodged a Consent Decree with Bunge. Regions 4, 5, 6 and 7 signed the ConsentDecree. We received no comments during the public comment period. Upon entry of the Consent Decree, both State and Federal violations related to Bunge seleven oilseed processing plants and one corn germ extraction plant are resolved by the joint Consent Decree. 05-2005-4530 BUNGE NORTH AMERICA, INC.

(NATIONAL CASE) (LEAD)06/30/2010 Civil Judicial Action





SummaryRegion 5 is the lead region for this national case. On January 16, 2007, the United States District Court for the Central District of Illinois entered a Consent Decreebetween the United States, eight States, and Bunge North America, Inc., Bunge North America (East), L.L.C., Bunge North America (OPD West), Inc., and BungeMilling, Inc., (collectively, Bunge ) that resolves violations of the Clean Air Act, certain State violations and reporting violations. Each of the eight States (Louisiana,Indiana, Illinois, Kansas, Ohio, Mississippi, Iowa and Alabama) in which Bunge operates a plant is a Plaintiff-Intervenor and a signatory to the Consent Decree. On October 26, 2006, the United States simultaneously filed a Complaint and lodged a Consent Decree with Bunge. Regions 4, 5, 6 and 7 signed the ConsentDecree. We received no comments during the public comment period. Upon entry of the Consent Decree, both State and Federal violations related to Bunge seleven oilseed processing plants and one corn germ extraction plant are resolved by the joint Consent Decree. 05-2005-5009 SAINT GOBAIN CONTAINERS

(4) (NATIONAL CASE)05/07/2010 Civil Judicial Action

Saint-Gobain Containers, Inc. (Saint-Gobain) owns and operates 15 glass manufacturing plants in the United States. Four of these facilities are located in Region 5:Lincoln and Dolton, Illinois; Dunkirk, Indiana; and Burlington, Wisconsin. These plants are subject to, among other things, Clean Air Act (Act) provisions regardingPrevention of Significant Deterioration (PSD), Non-attainment New Source Review (NNSR), and Title V. In 2003, Region 5 commenced an investigation into CAAviolations at Saint-Gobain s Illinois, Indiana, and Wisconsin facilities. In 2005, EPA and Saint-Gobain initiated global settlement discussions in order to addresspossible violations of PSD/NNSR and Title V at the company s plants. EPA estimates the value of the injunctive relief in this case is $110 million. The CD requiresSaint-Gobain to pay a civil penalty of $2,250,000, with $1,150,000 to the United States and $1,100,000 million to the 12 states and two regional regulatory agenciesthat are co-plaintiffs in the case. Saint-Gobain will pay a penalty of $306,667 to Region 5. 05-2006-0048 MIAMI PRODUCTS & CHEMICAL


Respondent distributed/sold misbranded pesticides and produced a pesticide in an unregistered establishment.05-2006-3904 BASF CORPORATION


In this action, the United States sought injunctive relief and civil penalties for violations of the industrial refrigerant repair, record-keeping, and reporting regulations at40 C.F.R. Section 82.156 (Recycling and Emission Reduction) promulgated by the EPA under Subchapter VI of the Clean Air Act (Stratospheric Ozone Protection), atfive of BASF s facilities in the United States. The five facilities are located in Livonia, Michigan; South Brunswick and Washington, New Jersey; Greenville, Ohio; andBeaumont, Texas. In the Consent Decree, BASF agreed to (1) retrofit or retire three of its industrial process refrigeration (IPR) units at its Beaumont, Texas facilityand (2) pay a $384,200 penalty to the United States. Region 5's share of the penalty is $128,067. BASF had previously retired IPRs at its Greenville, Ohio, andLivonia, Michigan, plants that had been the subject of a referral to the U.S. DOJ. The cost of retrement and replacement with new units that do not use R-22 refrigerantwas $86,680. The amount of R-22 refrigerant removed from service amounts to 610 pounds. The consent decree does not require additional injunctive relief at theseparticular plants. 05-2006-3947 ALERIS INTERNATIONAL






SummaryThis Consent Decree involves the following facilities: IMCO Recycling of Illinois Inc., Chicago Heights, IL; IMCO Recycling of Ohio Inc., Uhrichsville, OH;Commonwealth Aluminum Concast, Uhrichsville, OH; Alumitech of Wabash, Wabash, IN; Alchem Aluminum Inc., Saginaw, MI; Alchem Aluminum Inc., Coldwater, MI;IMCO Recycling of Michigan LLC, Coldwater, MI. Aleris International is the parent company to all of the above listed facilities. All the listed facilities are subject to 40C.F.R. Part 63, Subpart RRR (Secondary Aluminum NESHAP). On December 22, 2005 an information request was sent to Aleris pertaining to its 7 facilities in Region5. Aleris submitted its response to the information request on February 6, 2006. Aleris approached EPA to discuss a global settlement of its facilities nationwide andmet with EPA on March 8-9, 2006. The violations that were found include the failure to design and install adequate capture and collection systems, to demonstratecompliance with applicable emission standards through adequate performance testing, to correctly establish and monitor operating parameters, and to comply withrecordkeeping and reporting requirements. Aleris agreed to upgrade existing capture and collection systems on its furnaces, retest each facility, install load cells tomore accurately weigh flux at seven continuous flux-fed reverberatory furnaces, apply for a Title V permit for the Chicago Heights facility and pay a penalty of$4,600,000.05-2006-6006 VERTELLUS AGRICULTURE &

NUTRITION SPECIALTIES LLC(REILLY INDUSTRIES INC.)


Vertellus is the owner and operator of a specialty chemical manufacturing facility in Indianapolis, Indiana, which produces pyridine, pyridine derivatives, niacinamide(vitamin B-3), vinyl pyridine, picolines, picoline derivatives, and other specialty chemicals. These chemicals are used in industrial, pharmaceutical and agriculturalapplications. This settlement resolves the company's failure to comply with Section 112 of the CAA, the National Emission Standards for Organic Hazardous AirPollutants for Equipment Leaks, at 40 C.F.R. Part 63, Subpart H, and the National Emission Standards for Hazardous Air Pollutants (NESHAP) for PharmaceuticalProduction, at 40 C.F.R. Part 63, Subpart GGG (known as the Pharma MACT ), as specified in the complaint filed with the consent decree in this matter. Vertellushas agreed to pay a civil penalty of $425,000 and perform a supplemental environmental project (SEP) for its violations of the CAA. Pursuant to the SEP, Vertellus willupgrade or, as necessary, replace 29 single seal pumps in organic hazardous air pollutant (HAP) service with a dual mechanical seal system, at an estimated cost ofapproximately $706,000. The decree includes an enhanced leak detection and repair (LDAR) program that Vertellus will implement at its Indianapolis facility toimprove its compliance with LDAR requirements and to reduce HAP emissions at the facility. Vertellus has also installed a new incinerator, to comply with therequirements of the Pharma MACT.05-2007-1007 HOLCIM (US) INC. (HOLNAM

INC. DUNDEE CEMENT)11/10/2009 Civil Judicial Action

U.S. EPA issued Holcim a NOV and FOV on July 17, 2006 for alleged violations of the Michigan SIP for the state opacity limit of 15% for Kiln #1 and Kiln #2 and forHolcim's baghouse inlet temperature limit as specified by the Portland Cement NESHAP. Both Opacity and baghouse inlet temperature limits are incorporated intoHolcim's Renewable Operating Permit (Title V permit). U.S. EPA believes that in order for kiln emissions at Holcim to continuously meet their opacity and baghouseinlet temperature standard, HJolcim must choose to use either their carbon injection and baghouse system or their baghouse and scrubber/regenerative thermaloxidizer (RTO) system. Based on information U.S. EPA received from Holcim, it appears that Holcim has chosen to pursue the option of operating the baghouse andscrubber/RTO system to achieve compliance. U.S. EPA supports this decision. 05-2007-3919 LANXESS CORPORATION 02/04/2010 Civil Judicial Action





SummaryU.S. Department of Justice, U.S. Environmental Protection Agency, and Ohio Environmental Protection Agency have filed a Consent Decree with INEOS ABS USA(formerly Lanxess Corporation) in Addyston, Ohio. Under the Consent Decree, INEOS and Lanxess will pay a $3.1 million penalty and INEOS, as the current owner/operator, will perform the following injunctive relief: (1) enhanced Leak Detection and Repair; (2) Improve the operation of their Flare control device by adhering to asteam-to-gas ratio of no more than 3.6:1; and, (3) after an interim period, meet a minimum 200 British Thermal Units/standard cubic foot ( BTU/scf ) heat contentexiting the Flare tip, unless and until EPA determines that a different heat content is appropriate following further Passive FTIR testing INEOS will conduct on the flare;(4) installation and operation of a biofilter system to reduce acrylonitrile emissions at the facility and performance of a second acrylonitrile emission reduction project,should a currently shut down process line again become operational; and (5) CERCLA/EPCRA injunctive relief to ensure future compliance, including acomprehensive review of compliance with such reporting requirements.05-2008-0122 MICHAEL CANNON 12/30/2009 TSCA 16 Action For PenaltyViolation of Lead Disclosure Rule 05-2008-0140 PARAGON FIRSTRONIC 10/02/2009 EPCRA 325 Action For PenaltyFacility had failed to file a Form R for 200405-2008-0910 WATERTOWN TIRE FIRE 10/23/2009 Civil Judicial ActionReferral package for cost recovery action. Requesting that DOJ initiate cost recovery action against potentially responsible parties (PRP) pursuant to Section 107 ofCERCLA, 42 U.S.C. Section 9607 for the United States' response costs incurred at the Watertown Tire Fire site in Watertown, Wisconsin.05-2008-0910 WATERTOWN TIRE FIRE 11/23/2009 Civil Judicial ActionReferral package for cost recovery action. Requesting that DOJ initiate cost recovery action against potentially responsible parties (PRP) pursuant to Section 107 ofCERCLA, 42 U.S.C. Section 9607 for the United States' response costs incurred at the Watertown Tire Fire site in Watertown, Wisconsin.05-2008-3993 THE SCRAP YARD LLC (SB) 08/10/2010 Civil Judicial ActionThe Scrapyard, LLC d/b/a Cleveland Scrap is a scrapyard in Cleveland, Ohio that accepts at least one refrigerant-containing appliance per day. Cleveland Scrapoperates 5.5 days per week. Prior to EPA's involvement, the facility accepted refrigerant-containing appliances without collecting verification statements from theseller or completing recovery on the appliances. Cleveland Scrap has agreed to purchase and use recovery equipment. In addition they have agreed to accept properverification statements from sellers claiming that refrigerant was previously evacuated from the appliance prior to being sold to Cleveland Scrap. 05-2008-6711 BELSON STEEL CENTER

SCRAP04/07/2010 Civil Judicial Action





SummaryOn January 24, 2008, EPA issued to Belson a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Bourbonnais, Illinois. The FOV alleged thatBelson accepted for recycling automobiles and small appliances such as refrigerators and room air conditioners that contained or once contained ozone-depletingrefrigerants, without either recovering the refrigerant from the vehicles and appliances or verifying that the refrigerant had been properly recovered prior to sale toBelson, in violation of regulations found at 40 CFR 82.156. The Consent Decree requires Belson to obtain refrigerant recovery equipment and to properly recover therefrigerant from vehicles and appliances it accepts for scrap recycling at its Bourbonnais facility. Belson's refrigerant recovery program is estimated to recover at least120 lbs of ozone-depleting refrigerants per year. Since the refrigerants used in vehicle air conditioning systems and small appliances also are potent global-warminggases, these resolutions will, in addition to protecting the ozone layer, have the added benefit of reducing the emissions of greenhouse gases equivalent to removingapproximately 60 SUVs from the road for a year.05-2009-0014 KATHRYN LEWIS-CAMPBELL 11/06/2009 TSCA 16 Action For PenaltyCivil administrative complaint for violations of Section 1018, Real Estate Notification and Disclosure Rule.05-2009-0032 SUPERCLEAN BRANDS, INC. 11/02/2009 EPCRA 325 Action For PenaltyRespondent failed to timely file Form Rs for methanol for calendar years 2003, 2004, and 2005 and for ethylene glycol for calendar years 2004 and 2005. 05-2009-0065 PMCO. LLC 10/29/2009 FIFRA 14A Action For PenaltyRespondent distributed or sold unregistered pesticides. 05-2009-0074 RICKY PUNCHES 04/19/2010 TSCA 16 Action For PenaltyCivil Administrative Action issued for violations of Section 1018 the Real Estate Notification and Disclosure Rule in the leasing of target housing in the Grand Rapids,Michigan area.05-2009-0161 KARL NAGY COMPLAINT 11/02/2009 TSCA 16 Action For PenaltyThe complaint was issued to address noncompliance of the Lead Disclosure Rule.05-2009-0316 BARTON SEPTIC TANK

SERVICE SB03/24/2010 CWA 309G2B AO For Class II Penalties

VIOLATIONS OF SECTION 40505-2009-1006 ALLIED CHEMICAL & IRONTON

COKE CONSENT DECREE(CERCLA)


This CD is brought under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980. The settlementis for performance of the Remedial Design and Remedial Action for Operable Unit 3, the Tar Plant (OU3), at the Allied Chemical/Ironton Coke Superfund Site inIronton, Ohio.05-2009-1013 LYONDELL CHEMICAL

COMPANY, ET AL (NATIONALCASE-LEAD)






SummaryTHE SETTLEMENT AGREEMENT IN THIS BANKRUPTCY MATTER RELATES TO ENVIRONMENTAL LIABILITIES OF DEBTOR LYONDELL CHEMICALCOMPANY AND 93 OF ITS AFFILIATES (COLLECTIVELY, THE ``LYONDELL DEBTORS''). THE SETTLEMENT AGREEMENT RESOLVES CLAIMS OF THEENVIRONMENTAL PROTECTION AGENCY (``EPA'') AGAINST CERTAIN LYONDELL DEBTORS FOR RESPONSE COSTS UNDER THE COMPREHENSIVEENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (``CERCLA''), 42 U.S.C. 9601-9675, WITH RESPECT TO THE FOLLOWING REGION 5SITES: (1) THE ALLIED PAPER/PORTAGE CREEK/KALAMAZOO RIVER SITE LOCATED IN MICHIGAN; AND (2) THE HEGELER ZINC SITE LOCATED INILLINOIS.05-2009-1016 FOX RIVER NRDA/PCB

RELEASES DE MINIMIS(CERCLA)


IN THIS ACTION THE UNITED STATES AND THE STATE OF WISCONSIN SOUGHT TO RECOVER UNREIMBURSED COSTS INCURRED FOR RESPONSE ACTIVITIES UNDERTAKEN IN RESPONSE TO THE RELEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM FACILITIES AT AND NEAR THE LOWER FOX RIVER AND GREEN BAY SITE IN NORTHEASTERN WISCONSIN AND DAMAGES FOR INJURY TO, LOSS OF, OR DESTRUCTION OF NATURAL RESOURCES IN ORDER TO COMPENSATE FOR AND RESTORE NATURAL RESOURCES INJURED BY THE RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT AT THE SITE. THE ELEVEN SETTLING DEFENDANTS ARE: GEORGE A. WHITING PAPER CO.; GREEN BAY METROPOLITAN SEWERAGE DISTRICT; GREEN BAY PACKAGING, INC.; HEART OF THE VALLEY METROPOLITAN SEWERAGE DISTRICT; INTERNATIONAL PAPER CO.; LAFARGE NORTH AMERICA INC.; LEICHT TRANSFER & STORAGE CO.; NEENAH FOUNDRY CO.; THE PROCTER & GAMBLE PAPER PRODUCTS CO., UNION PACIFIC RAILROAD CO.; AND WISCONSIN PUBLIC SERVICE CORP. THE CONSENT DECREE REFLECTS THE CONCLUSION OF THE UNITED STATES AND THE STATE OF WISCONSIN THAT EACH OF THE SETTLING DEFENDANTS QUALIFIES FOR TREATMENT AS A CERCLA SECTION 122(G) DE MINIMIS PARTY. THE PROPOSED CONSENT DECREE REQUIRES THE SETTLING DEFENDANTS TO MAKE A COLLECTIVE PAYMENT OF $1,875,000. 05-2009-1026 TRONOX BANKRUPTCY

(NATIONAL CASE)05/20/2010 Bankruptcy

REFERRAL FOR FILING PROOF OF CLAIM IN THE TRONOX BANKRUPTCY.05-2009-1033 FOX RIVER NRDA/PCB

RELEASES CONSENT DECREE(CERCLA)






SummaryThe Plaintiffs have filed an amended complaint in this matter pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, andLiability Act of 1980, as amended, 42 U.S.C. §§ 9606 and 9607 ("CERCLA"), seeking injunctive relief regarding the cleanup of the Lower Fox River and Green BaySite (the "Fox River Site") and recovery of certain response costs incurred in connection with releases and threatened releases of hazardous substances at and fromthe Site from the City of De Pere.05-2009-1236 OUTLOOK COVE 06/09/2010 CWA 309G2B AO For Class II PenaltiesCondo developer filled 0.3 acres/700 feet of shoreline in Outlook Cove of Pine Lake in LaPorte, Indiana. Developer restored site in 2005. Seeking $40,000 inpenalties.05-2009-3828 NICRO FINISHING (DETROIT)

CAFO (SB)11/30/2009 EPCRA 325 Action For Penalty

This enforcement action is the result of findings from an EPCRA 311/312 inspection which was conducted on 6/18/2008. Failure to submit Tier II reports and MSDSs to the SERC, LEPC and fire department for calendar years 2005 and 2006.05-2009-3843 CARLEY FOUNDRY (BLAINE)

CAFO03/23/2010 EPCRA 325 Action For Penalty

The facility failed to submit Emergency and Hazardous Chemical Inventory forms for sulfuric acid and propane to the SERC and the Blaine, MN Fire Department forcalendar years 2006 thru 2008.05-2009-3912 SAUDER WOODWORKING

COGENERATION FACILITY11/09/2009 CAA 113D1 Action For Penalty

A Notice of Violation and Finding of Violation (NOV/FOV) was issued to Sauder Woodworking Company Cogeneration Facility on April 18, 2008 in which Sauder wascited for violating opacity, NOx and CO emission limits, failing to continuously run its continuous opacity monitoring systems (COMS) and continuous emissionmonitoring systems (CEMS) and not fulfilling all applicable reporting requirements. A FOV was issued to Sauder on February 26, 2009 in which Sauder was cited forviolating its VOC emission limit. Sauder demonstrated compliance with their CO limit by using a corrected boiler operating rate to calculate CO emissions. Therecalculated CO emissions showed compliance with their limit. The remainder of the alleged violations were resolved in an Administrative Consent Order (ACO) thatwas mailed to Sauder on August 24, 2009. In the ACO, Sauder agreed to: increase the availability of trained maintenance personnel, maintain spare parts at thefacility, take action at emission set points that are lower than emission limits and more. The violations alleged against Sauder warrant a cash penalty of $79,500.Supplemental environmental projects (SEPs), such as wood stove change outs and greenhouse-gas reducing SEPs, were discussed and evaluated. However,Sauder will pay the cash penalty and a SEP will not be implemented. 05-2009-3926 MARATHON ASHLAND

PETROLEUM COMPANY06/30/2010 Civil Judicial Action

THIS IS A JUDICIAL ACTION.05-2009-9913 CREATIVE LIQUID COATINGS,

INC.04/27/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryIn the Complaint Region 5 alleges violations regarding failure to, 1) to use a properly completed uniform hazardous waste manifest (EPA Form 8700-22) whenshipping hazardous wastes and, 2) to apply for and obtain a hazardous waste storage permit, when Creative Liquid Coatings failed to comply with permit exemptionconditions of 90-day storage, container labeling and dating as specified in 329 IAC 3.1-7-1, 40 CFR § 262.34(a) for a period from 03/02/2005 to 06/22/2005.05-2009-9918 1810 W GRACE ST. LLC. 06/28/2010 RCRA 3008A AO For Comp And/Or PenaltyInspection conducted cited violations and complaint issued.05-2009-9922 CLEAR LAM PACKAGING, INC.

COMPLAINT11/30/2009 RCRA 3008A AO For Comp And/Or Penalty

On September 30, 2009 EPA issued a Complaint and Compliance order against Clear Lam Packaging, Inc. (Clear Lam). Based on findings from a May 1, 2008Compliance Evaluation Inspection, and information provided to EPA by Clear Lam, Clear Lam was in non compliance with conditions for a hazardous waste storagepermit exemption and in violation of several requirements, including; 1) storing hazardous waste on-site for greater than 90 days; 2) failure to properly label and datecontainers storing hazardous waste; 3) failure to store hazardous waste with adequate aisle space; 4) failure to keep containers of hazardous waste closed whenwaste was not being added to or removed from containers; 5) failure to maintain training records and to provide adequate training; and 6) failure to meet allrequirements of the contingency plan. 05-2010-0001 PEM INVESTMENTS LLC, PM

ROCKCASTLE LP, PM FIRSTSTREET LP, AND PM CASS LLC


Failure to comply with the Lead Disclosure Rule.05-2010-0002 RICCA CHEMICAL CO D/B/A

RED BIRD SERVICE10/20/2009 EPCRA 325 Action For Penalty

Facility failed to timely file a Form R for mercury compounds for the 2005 reporting year.05-2010-0003 MV PETS 10/21/2009 FIFRA 14A Action For PenaltyRESPONDENT WAS ASSESSED A PENALTY OF $4500 FOR THE ALLEGED SALE AND DISTRIBUTION OF TWO MISBRANDED PESTICIDE PRODUCTS.05-2010-0004 AXSS USA 10/21/2009 FIFRA 14A Action For PenaltyRESPONDENT ASSESSED A PENALTY OF 7,500 FOR THE ALLEDGED SALE AND DISTRIBUTION OF A PESTICIDE WHOSE CLAIMS SUBSTANTIALLYDIFFER FROM CLAIMS MADE UNDER ITS REGISTRATION.05-2010-0005 HUMMERT INTERNATIONAL

(IMPORT DENIAL)10/20/2009 FIFRA 17C Importation

DENIAL OF ENTRY ISSUED TO RESPONDENT REGARDING THE ALLEGED DISTRIBUTION AND SALE OF A MISBRANDED DEVICE IMPORTED INTO THEUNITED STATES. THE SHIPMENT WAS RETURNED TO THE COUNTRY OR ORIGIN, GERMANY.05-2010-0006 THE SCOTTS COMPANY, LLC 10/13/2009 FIFRA 13A AO For Stop Sale,Use,Or RemovalThis Stop Sale Order was issued for two potentially violative pesticide products to allow movement of the product to a warehouse for safe storage.





Summary05-2010-0007 WEBER-STEPHEN PRODUCTS

CO.11/03/2009 EPCRA 325 Action For Penalty

Respondent failed to timely file TRI reports for barium compounds in 2005 and 2006 and manganese and copper compounds in 2005. 05-2010-0008 3M COMPANY 11/13/2009 FIFRA 14A Action For PenaltySelf disclosure of distribution of unregistered insect repellent.05-2010-0009 MCKINLEY INC. AND

MANCHESTER FLATSACQUISITION LLC


Failure to comply with the Lead Disclosure Rule.05-2010-0010 AMERILAB TECHNOLOGIES,


Respondent failed to file and filed late, the Pesticide Production Reports required under Section 7 of FIFRA, for a period of five years.05-2010-0011 FRONTIER DISTRIBUTING 12/08/2009 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER ISSUED IN RESPONSE TO RESPONDENT'S SALE AND DISTRIBUTION OF FOUR UNREGISTEREDPESTICIDES.05-2010-0012 INSECTS LIMITED, INC.


Import denied entry-refused delivery into the United States pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C. 136o(c), and the regulations at 19 C.F.R.12.114.05-2010-0013 JOHNSONDIVERSEY (IMPORT

DENIAL)10/27/2009 FIFRA 17C Importation

Pesticide product was deemed misbranded as it was missing directions for use.05-2010-0014 WATERBURY INDUSTRIES INC.


The product in this import shipment did not contain the EPA "Accepted" label and was deemed misbranded.05-2010-0015 JAMES JOHNSON/TRADEMARK

PROPERTIES12/17/2009 TSCA 16 Action For Penalty

CAFO commencing and concluding an action for violations of Section 1018, the Real Estate Notification and Disclosure Rule.05-2010-0016 DOW AGROSCIENCES LLC 12/30/2009 FIFRA 14A Action For PenaltySale and distribution of pesticide product where claims differ.





Summary05-2010-0016 DOW AGROSCIENCES LLC 12/30/2009 FIFRA 17C ImportationSale and distribution of pesticide product where claims differ.05-2010-0017 VERSA DIE CAST, INC. 12/29/2009 EPCRA 325 Action For PenaltyFailure to submit timely form R.05-2010-0018 KEITH MORREN 11/18/2009 TSCA 16 Action For PenaltyRespondent agreed to complete a Supplemental Environmental Project designed to protect tenants from potential lead-based paint hazards by replacing all existing windows with new vinly windows in his rental property located at 857 Caulfield Street SW, Grand Rapids, Michigan.05-2010-0020 THEISEN DENTAL EQUIPMENT

SERVICES & REPAIR, INC.01/13/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

Respondent offered for sale an unregistered pesticide, Attack MRSA. 05-2010-0021 LAMPLIGHT FARMS 01/21/2010 FIFRA 14A Action For PenaltyIMPORTATION OF AN UNREGISTERED PESTICIDE PRODUCT; RESPONDENT ELECTED TO TAKE CORRECTIVE ACTION TO RELABEL THE PRODUCTRATHER THAN EXPORT TO THE COUNTRY OF ORIGIN.05-2010-0022 TRADE ASSOCIATES GROUP


IMPORT DENIAL OF 11 TYPES OF UNREGISTERED PESTICIDE PRODUCTS.05-2010-0023 REGENT PRODUCTS (IMPORT

DENIAL)01/19/2010 FIFRA 17C Importation

IMPORT DENIAL OF UNREGISTERED PESTICIDE PRODUCTS ATTEMPTING TO ENTER THE US THROUGH THE PORT OF CHICAGO05-2010-0024 BIOSPAN TECHNOLOGIES

INCORPORATED (ACO)02/12/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

EPA has reason to believe Respondent distributed and/or sold pesticide product with a composition whose strength or purity falls below the professed standard ofquality as expressed on its labeling under which it is sold in violation of Section 12(a)(1)(E) of FIFRA.05-2010-0025 PARSON ENTERPRISE

INCORPORATED D/B/A UNTIEDCHEMICAL & SUPPLIES

02/12/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

EPA has reason to believe Respondent distributed and/or sold pesticide products with composition that differs from the composition described in the statementrequired in connection with its registration under Section 3 of FIFRA in violation of Section 12(a)(1)(C)of FIFRA and with labeling that excludes required precautionarystatements which may be necessary and if complied with together with any requirements under Section 3(d) of FIFRA, is adequate to protect health and theenvironment in violation of Section 12(a)(1)(E) of FIFRA.





Summary05-2010-0026 FUN IN MOTION INC. 02/16/2010 FIFRA 14A Action For PenaltyRespondned distributed a misbranded pool disinfectant pesticide. 05-2010-0027 THOR SPECIALTIES, INC. 10/26/2009 FIFRA 17C ImportationProduct was produced in an inactive establishment and was also misbranded.05-2010-0028 ROHM & HAAS CHEMICALS LLC 12/01/2009 FIFRA 17C ImportationProduct was misbranded.05-2010-0029 CHARLES M. WOLFF D/B/A EME

REALTY03/04/2010 TSCA 16 Action For Penalty

The Respondent was assessed a civil penalty of $1,800 for violations of the Lead Act and will conduct a supplemental environmental project (SEP) in the form of awindow replacement project (lead-based paint abatement) and post-abatement clearance testing designed to protect tenants from potential lead-based paint hazardsby replacing windows in five rental units. The respondent must spend at least $16,200 to complete the SEP. 05-2010-0030 NUFARM AMERICAS INC.

(IMPORT)02/26/2010 FIFRA 17C Importation

The pesticide product is misbranded. The pesticide product, is not labeled with the EPA Accepted label of May 19, 2008 and it did not display the registration numberassigned under section 7 to the establishment in which it was produced; therefore, the product is deemed a misbranded pesticide product under Section 12(a)(1)(E) ofFIFRA, 7 U.S.C. § 136j(a)(1)(E). The Importer of Record has indicated that the violative pesticide product will be exported. 05-2010-0031 SC JOHNSON & SON, INC.


Import denied entry-refused delivery into the United States pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C. 136o(c), and the regulations at 19 C.F.R.12.114.05-2010-0032 ARETT SALES CORPORATION


Import denied entry-refused delivery into the United States pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C. 136o(c), and the regulations at 19 C.F.R.12.114.05-2010-0033 ANEX WAREHOUSE AND DIST.

CO. (IMPORT)02/19/2010 FIFRA 17C Importation

Import denied entry-refused delivery into the United States pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C. 136o(c), and the regulations at 19 C.F.R.12.114.05-2010-0034 ANEX WAREHOUSE AND DIST.

CO. (IMPORT)02/19/2010 FIFRA 17C Importation





SummaryImport denied entry-refused delivery into the United States pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C. 136o(c), and the regulations at 19 C.F.R.12.114.05-2010-0035 LIPHATECH (SSURO) 03/04/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalSTOP SALE, USE, OR REMOVAL ORDER ISSUED. SUSPECTED SALE AND DISTRIBUTION OF THREE PESTICIDE PRODUCTS WHOSE CLAIMS DIFFERFROM THE CLAIMS MADE AS PART OF THE PRODUCTS' REGISTRATION UNDER FIFRA AND WHICH WERE MISBRANDED.05-2010-0036 NEOGEN CORP (IMPORT) 03/04/2010 FIFRA 17C ImportationPESTICIDE IMPORT SHIPMENT DENIED ENTRY INTO THE UNITED STATES. INTENDED PORT OF ENTRY: PORT OF CHICAGO. IMPORT SHIPMENT FOUNDTO BE MISBRANDED, WILL BE RETURNED TO THE COUNTRY OF ORIGIN.05-2010-0038 ELGILOY SPECIALTY METALS 03/03/2010 EPCRA 325 Action For PenaltyRespondent failed to submit certain Form R reports.05-2010-0040 XTREME DESIGN LABS, INC. 03/29/2010 FIFRA 14A Action For PenaltyDistribution and sale of an unregistered pesticide product.05-2010-0041 KAIVAC, INC. (SSURO) 03/30/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalEPA has reason to believe that Kaivac, Inc. has been and intends to distribute or sell an unregistered pesticide product.05-2010-0042 BERRY-GIBSON PROPERTIES

LLC03/08/2010 TSCA 16 Action For Penalty

A Consent Agreement and Final Order was issued to Berry-Gibson Properties LLC commencing and concluding an enforcement action for violations of the LeadDisclosure Rule associated with the sale of target housing. Respondent asserted an inability to pay the proposed penalty of $22,950. Based on an analysis ofRespondent's financial documentation, it was determined that a penalty in the amount of $1,000 would be paid to resolve the matter. 05-2010-0043 ROGER T. CONNERS 03/15/2010 TSCA 16 Action For PenaltyA Consent Agreement and Final Order commencing and concluding an action against Roger T. Conners for violations of the Lead Disclosure Rule when leasing targethousing, was executed on March 15, 2010. The Respondent was not assessed a civil penalty for these violations based on an inability to pay analysis.05-2010-0044 ARNCO 12/11/2009 EPCRA 325 Action For PenaltyRespondent disclosed violations of EPCRA Section 31305-2010-0045 HHI FORMTECH 12/14/2009 EPCRA 325 Action For PenaltyFacility disclosed failures to file Form Rs05-2010-0046 ADCO CIRCUITS 11/23/2009 EPCRA 325 Action For PenaltyFacility disclosed failure to file Form Rs05-2010-0047 AUTOMOTIVE COMPONENTS

HOLDINGS11/23/2009 EPCRA 325 Action For Penalty





SummaryFacility disclosed failure to file Form Rs05-2010-0048 NORTHERN STATES POWER 11/23/2009 EPCRA 325 Action For PenaltyFacility Disclosed failures to file Form Rs05-2010-0049 DAVIES MOLDING 11/23/2009 EPCRA 325 Action For PenaltyFacility Disclosed failures to file Form Rs05-2010-0050 LONZA INC 03/29/2010 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER RESOLVING RESPONDENT'S IMPORTATION OF A MISBRANDED PESTICIDE.05-2010-0051 CHAMPION TARGET 11/23/2009 EPCRA 325 Action For PenaltyFacility disclosed failures to File Form Rs05-2010-0052 KEYSTONE AUTOMOTIVE

INDUSTRIES12/01/2009 EPCRA 325 Action For Penalty

The facility failed to file Form R as required by EPCRA 313.05-2010-0054 KALLE USA (IMPORT) 03/23/2010 FIFRA 17C ImportationIMPORT ENTRY OF UNREGISTERED PESTICIDE REFUSED ENTRY INTO THE UNITED STATES.05-2010-0055 GEA FARM TECHNOLOGIES


IMPORT SHIPMENT OF MISBRANDED PESTICIDAL DEVICE DENIED ENTRY INTO THE UNITED STATES.05-2010-0056 BUILDING MATERIALS 12/21/2009 EPCRA 325 Action For PenaltyNOD for failure to file TRI reports05-2010-0057 NISSAN FORKLIFT 12/21/2009 EPCRA 325 Action For PenaltyNOD for failure to report05-2010-0058 ITRON INC 12/21/2009 EPCRA 325 Action For PenaltyNOD for failure to file TRI report. 05-2010-0059 TC BAUER 04/06/2010 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER ISSUED FOR RESPONDENT'S ALLEGED DISTRIBUTION OR SALE OF FOUR UNREGISTERED PESTICIDES.RESPONDENT DEMONSTRATED AN INABILITY TO PAY, REDUCING THE ORIGINAL PENALTY TO $5,000.05-2010-0060 SPORICLEAN, ET AL 04/06/2010 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER ISSUED TO RESPONDENT DUE TO RESPONDENT'S ALLEGED DISTRIBUTION AND SALE OF ANUNREGISTERED PESTICIDE, SPORICLEAN AND LATER, HYGIENACLEAN. RESPONDENT DEMONSTRATED AN INABILITY TO PAY.





Summary05-2010-0061 DADANT & SONS (IMPORT) 12/11/2009 FIFRA 17C ImportationPESTICIDE IMPORT SHIPMENT DENIED ENTRY INTO THE UNITED STATES DUE TO GROSS MISBRANDING ISSUES. RESPONDENT EXPORTED THEPRODUCT TO THE COUNTRY OF ORIGIN, THE UNITED KINGDOM.05-2010-0062 KBB LYDIA, LLC AND KIRK B.

BRUCE04/19/2010 TSCA 16 Action For Penalty

Failure to comply with the Lead Disclosure Rule.05-2010-0063 TRADE ASSOCIATES GROUP 04/16/2010 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER RESOLVING RESPONDENT'S SALE OR DISTRIBUTION OF AN IMPORTED, UNREGISTERED PESTICIDEPRODUCT.05-2010-0064 WALGREENS (IMPORT DENIAL

PORT OF PORT HURON)04/16/2010 FIFRA 17C Importation

IMPORT SHIPMENT DENIED ENTRY INTO THE UNITED STATES. RESPONDENT ATTEMPTED TO IMPORT A SHIPMENT OF CITRONELLA CANDLESTHROUGH THE PORT OF PORT HURON THAT WERE NOT REGISTERED UNDER FIFRA.05-2010-0065 WALGREENS (IMPORT DENIAL

PORT OF CHICAGO)04/16/2010 FIFRA 17C Importation

IMPORT SHIPMENT DENIED ENTRY INTO THE UNITED STATES. RESPONDENT ATTEMPTED TO IMPORT A SHIPMENT OF UNREGISTERED CITRONELLACANDLES THROUGH THE PORT OF CHICAGO.05-2010-0066 ARTHUR CLESEN, INC.

(SSURO)05/07/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

Stop Sale, Use or Removal Order issued to stop all distributions and sales of a misbranded pesticide product.05-2010-0067 THE SCOTTS COMPANY LLC


SSURO issued on to stop all distributions and sales of violative pesticide product.05-2010-0068 SEARS ROEBUCK AND CO.

AND STEPAN COMPANY(CAFO)

05/12/2010 FIFRA 14A Action For Penalty

Respondent sold and distributed an unregistered pesticide product.05-2010-0069 SAFETY KING 05/12/2010 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER ISSUED IN RESPONSE TO RESPONDENT'S SALE OR DISTRIBUTION OF TWO UNREGISTERED PESTICIDEPRODUCTS. TOTAL PENALTY WAS ADJUSTED FOR RESPONDENT'S SIZE OF BUSINESS AND INABILITY TO PAY.05-2010-0071 LTD COMMODITIES (IMPORT) 05/05/2010 FIFRA 17C Importation





SummaryIMPORT SHIPMENT OF UNREGISTERED CITRONELLA CANDLES INTENDED TO BE IMPORTED THROUGH THE PORT OF CHICAGO DENIED ENTRY INTOTHE UNITED STATES.05-2010-0072 SUNBURST CHEMICALS, INC. 06/08/2010 FIFRA 14A Action For PenaltyRespondent's antimicrobial product failed efficacy against Pseudomonas. In response, Respondent removed efficay claim for Pseudomonas from label. 05-2010-0073 SIPCAM ADVAN 06/10/2010 FIFRA 14A Action For PenaltyConsent Agreement and Final Order issued due to Respondent's alleged distribution or sale of three import shipments whose claims differ.05-2010-0074 KOGAN REALTY ENTERPRISES

LLP06/14/2010 Civil Judicial Action

Judicial Consent Decree resolving violations of the Section 1018, Real Estate Notification and Disclosure Rule. Kogan Realty will abate and/or control any lead-painthazards found in 129 apartment units among 22 buildings. Kogan Realtywill also pay a $5,000 fine.05-2010-0076 UNITED INDUSTRIES

CORPORATION (IMPORT)07/08/2010 FIFRA 14A Action For Penalty

Respondent distributed or sold a registered pesticide product with claims on its label that substantially differed from claims made for it as a part of the statementrequired in connection with its registration.05-2010-0076 UNITED INDUSTRIES

CORPORATION (IMPORT)07/08/2010 FIFRA 17C Importation

Respondent distributed or sold a registered pesticide product with claims on its label that substantially differed from claims made for it as a part of the statementrequired in connection with its registration.05-2010-0077 JOHNSON DIVERSEY INC.


Import denied entry-refused delivery into the United States pursuant to the authority of Section 17(c) of FIFRA, 7 U.S.C. 136o(c), and the regulations at 19 C.F.R.12.114.05-2010-0078 AERIS USA 06/18/2010 FIFRA 14A Action For PenaltyCOMBINED CONSENT AGREEMENT AND FINAL ORDER. RESPONDENT ALLEDGELY SOLD OR DISTRIBUTED TWO UNREGISTERED PESTICIDEPRODUCTS. RESPONDENT DEMONSTRATED AN INABILITY TO PAY THE ORIGINAL PROPOSED PENALTY.05-2010-0079 GOODWILL COMMERCIAL

SERVICES06/18/2010 FIFRA 14A Action For Penalty

COMBINED CONSENT AGREEMENT AND FINAL ORDER. RESPONDENT ALLEGEDLY DISTRIBUTED OR SOLD A PESTICIDE WHOSE CLAIMSSIGNIFICANTLY DIFFERED FROM THOSE CLAIMS ACCEPTED AS PART OF THE PRODUCT'S REGISTRATION. PESTICIDE WAS IMPORTED FROMMALAYSIA THROUGH THE PORT OF CHICAGO.





Summary05-2010-0080 AGUA FINA GARDENS

INTERNATIONAL (SSURO)05/25/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

STOP SALE USE OR REMOVAL ORDER ISSUED TO RESPONDENT FOR THE ALLEGED SALE OR DISTRIBUTION OF AN UNREGISTERED PESTICIDE.05-2010-0081 21ST CENTURY INNOVATIONS

INC./CLEARON CORP. (SSURO)06/24/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

EPA has reason to believe the Respondent has distributed or sold a pesticide product with a label that does not bear the registration number assigned under Section 7to the establishment in which it was produced and with labeling not bearing directions for use, storage and disposal directions and certain precautionary statements,which constitute violations under Section 12(a)(1)(e) of FIFRA.05-2010-0082 CLEARON CORP./21ST

CENTURY INNOVATIONS INC.06/24/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

EPA has reason to believe that the Respondents have distributed or sold a pesticide product with a label that does not bear the registration number assigned underSection 7 to the establishment in which it was produced and with labeling not bearing directions for use, storage and disposal directions and certain precautionarystatements, which constitute violations under Section 12(a)(1)(E).05-2010-0083 CHEMTURA CORPORATION

NOTICE OF DETERMINATION04/09/2010 EPCRA 325 Action For Penalty

The facility failed to file Form Rs in 2005, 2006 and 2007 as required by EPCRA 313.05-2010-0084 TOMOEGAWA NOTICE OF

DETERMINATION04/09/2010 EPCRA 325 Action For Penalty

Facility failed to file Form R for years 2006 and 2007 as required by EPCRA 313.05-2010-0085 CORPORATE SYSTEMS

ENGINEERING NOTICE OFDETERMINATION


Facility failed to file Form R for 2004, 2005, 2006 and 2007 as required by EPCRA 313.05-2010-0086 MICHELMAN INC. NOTICE OF


Facility failed to file Form R in 2006 as required by EPCRA 313.05-2010-0087 KERRIGAN LEWIS NOTICE OF


Facility failed to file Form R as required by EPCRA 313.05-2010-0088 MORGAN OLSON NOTICE OF






SummaryFacility failed to file Form R as required by EPCRA 313. 05-2010-0089 WILFREDO & ROSEMARY

FUENTES06/08/2010 TSCA 16 Action For Penalty

Respondent failed to include statements disclosing either the presence of any known lead-based paint hazards or a lack of knowledge of such presence in rentalproperties.05-2010-0090 RESEARCH ORGANICS


STOP SALE, USE, OR REMOVAL ORDER ISSUED TO RESEARCH ORGANICS FOR THE ALLEGED DISTRIBUTION OR SALE OF FOUR UNREGISTEREDPESTICIDE PRODUCTS.05-2010-0091 KOCH KNIGHT LLC 07/26/2010 TSCA 16 Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER. RESPONDENT ALLEGEDLY FAILED TO PROVIDE AN EXPORT NOTIFICATION FOR A SHIPMENT OF P-XYLENE EXPORTED TO CANADA. RESPONDENT FAILED TO MEET THE CRITERIA FOR FULL PENALTY MITIGATION UNDER THE SELF DISCLOSUREPOLICY.05-2010-0092 A & J MANAGEMENT

COMPANY, INC. D/B/A A & JRENTALS, INC.; D & TRENTALS, INC. AND JOSEPH A.PRESTI


Failure to comply with the Disclosure Rule.05-2010-0106 JOSE GUILLERMINA SIERRA 03/03/2010 Civil Judicial ActionA Consent Decree was filed in the U.S. District Court in Michigan on behalf of EPA and HUD, announcing a settlement against Jose and Guillermina Sierra, for failingto inform tenants of the potential hazards of lead-based paint in their homes as required by Section 1018 of the Lead Disclosure Rule. The Sierras have agreed to paya penalty in the amount of $6,000. In addition to paying a penalty, the Sierras have also agreed to test all of their properties (a total 67 units) for lead-based painthazards and perform lead-based paint hazard reduction work. The work performed includes window replacement, abatement of all friction and impact surfaces, andadditional interim controls in all residential units. The estimated cost to complete the hazard reduction work will be approximately $350,000. 05-2010-0300 IDOT - ROUTE 22

CONSTRUCTION PROJECT12/22/2009 CWA 309G2B AO For Class II Penalties

APO: IDOT 2300 S. Dirksen Parkway, Springfield, IL 6276405-2010-0301 WESTRIDGE DAIRY LLC 01/12/2010 CWA 309A AO For ComplianceMEDIUM CAFO; AO TO COMPLY WITH REGS05-2010-0302 STEFFES HOLSTEINS DARY

FARM03/11/2010 CWA 309A AO For Compliance





SummaryMedium CAFO requires cease manure and process ww discharges and provide necessary containment structures to properly manages wastes.05-2010-0303 MAPLE RIDGE SEWER

SERVIES, INC SB06/29/2010 CWA 309G2B AO For Class II Penalties

Notice of Proposed Assessment of a Class II Administrative Penalty05-2010-0304 CAR-MER DAIRY FARM 03/12/2010 CWA 309A AO For ComplianceMedium Concentrated animal feeding Operation (CAFO) AO05-2010-0305 LIGHTHOUSE VILLAGE

PARTNERS, LLP03/22/2010 CWA 309A AO For Compliance

stormwater violations05-2010-0307 CHARLES D. SHARP &

ASSOCIATES, INC.04/07/2010 CWA 309G2A AO For Class I Penalties

Contruction Stormwater permit violations05-2010-0308 TRI-CITIES NORTH REGIONAL

WASTEWATER AUTHORITY04/23/2010 CWA 309A AO For Compliance

This order requires immediate cease of all sanitary sewer discharges and take any necessary action to comply with the CWA.05-2010-0309 BREESE SITE HOG FARM 06/16/2010 CWA 309A AO For ComplianceCAFO AO05-2010-0310 CITY OF VANDALIA 04/23/2010 CWA 309A AO For Compliancesso violations05-2010-0311 CITY OF TIPP CITY 04/23/2010 CWA 309A AO For ComplianceSSO case05-2010-0313 HUBER HEIGHTS CITY OF 04/23/2010 CWA 309A AO For Compliancesso case05-2010-0341 LORAIN, CITY OF 06/24/2010 CWA 309A AO For ComplianceSSO05-2010-0911 KAMPEN FARMS 11/20/2009 CWA 309A AO For Compliance





SummaryOn November 20, 2009, U.S. EPA issued an Administrative Order on Consent (AOC) to Delmar Kampen and Kampen Farms, Inc. of Stevenson County, Illinois. TheAOC, signed by Delmar Kampen on December 20, 2009, settled Section 404 Clean Water Act (CWA) violations, by Mr. Kampen's agreement to: (1) remove dredgedmaterials deposited along tributaries of the Pecatonica River, (2) restore 13 acres of wetlands located adjacent to those tributaries, and (3) place those tributaries andwetlands into a permanent conservation easement to protect the restored areas in their natural state. Between April 2008 and May 2009, Delmar Kampen dischargeddredged and fill materials into these areas, without a Section 404 CWA permit, from the U.S. Army Corps of Engineers. The tributaries and wetlands are considered tobe unde Federal jurisdiction because they are tributary to the Pecatonica River, a traditional navigable water of the United States. 05-2010-1000 CINCINNATI DIE CAST

UNILATERAL ADMIN ORDER(CERCLA)


THIS ORDER PERTAINS TO PROPERTY LOCATED AT 4524 WEST MITCHELL AVENUE, CINCINNATI, OHIO, 45232 (THE CINCINNATI DIE CAST SITE ). THISORDER REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL ACTIVITIES DESCRIBED HEREIN TO ABATE AN IMMINENT AND SUBSTANTIALENDANGERMENT TO THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASEOF HAZARDOUS SUBSTANCES AT OR FROM THE SITE. U.S. EPA HAS NOTIFIED THE STATE OF OHIO OF THIS ACTION PURSUANT TO SECTION 106(A)OF CERCLA, 42. U.S.C 9606(A).05-2010-1001 WISCONSIN MECHANICAL



THIS ORDER PERTAINS OT PROPERTY LOCATED AT 204 WILMONT DRIVE, WAUKESHA, WAUKESHA COUNTY, WISCONSIN (THE "WISCONSINMECHANICAL LLC SITE"). THIS ORDER REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL ACTIVITIES DESCRIBED HEREIN TO ABATE ANIMMINENT AND SUBSTANTIAL ENDANGERMENT OT THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THEACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE.05-2010-1002 ELGIN SALVAGE & SUPPLY

ADMIN ORDER ON CONSENT(CERCLA)


THIS SETTLEMENT AGREEMENT PROVIDES FOR THE PERFORMANCE OF REMOVAL ACTIONS BY RESPONDENTS AND THE REIMBURSEMENT OFCERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES FOR THE SECOND REMOVAL ACTION AT OR IN CONNECTION WITH THE JEFFERSONAVENUE YARD PORTION OF THE ELGIN SALVAGE & SUPPLY SITE LOCATED AT 464 MCBRIDE STREET IN ELGIN, KANE COUNTY, ILLINOIS. THESECOND REMOVAL ACTION IS KNOWN AS OPERABLE UNIT 01, 20 JEFFERSON YARD, AND IS LOCATED AT 20 JEFFERSON AVENUE, ELGIN, ILLINOIS.05-2010-1002 ELGIN SALVAGE & SUPPLY







SummaryTHIS SETTLEMENT AGREEMENT PROVIDES FOR THE PERFORMANCE OF REMOVAL ACTIONS BY RESPONDENTS AND THE REIMBURSEMENT OFCERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES FOR THE SECOND REMOVAL ACTION AT OR IN CONNECTION WITH THE JEFFERSONAVENUE YARD PORTION OF THE ELGIN SALVAGE & SUPPLY SITE LOCATED AT 464 MCBRIDE STREET IN ELGIN, KANE COUNTY, ILLINOIS. THESECOND REMOVAL ACTION IS KNOWN AS OPERABLE UNIT 01, 20 JEFFERSON YARD, AND IS LOCATED AT 20 JEFFERSON AVENUE, ELGIN, ILLINOIS.05-2010-1002 ELGIN SALVAGE & SUPPLY


10/14/2009 CERCLA 122h Agrmt For Cost Recovery

THIS SETTLEMENT AGREEMENT PROVIDES FOR THE PERFORMANCE OF REMOVAL ACTIONS BY RESPONDENTS AND THE REIMBURSEMENT OFCERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES FOR THE SECOND REMOVAL ACTION AT OR IN CONNECTION WITH THE JEFFERSONAVENUE YARD PORTION OF THE ELGIN SALVAGE & SUPPLY SITE LOCATED AT 464 MCBRIDE STREET IN ELGIN, KANE COUNTY, ILLINOIS. THESECOND REMOVAL ACTION IS KNOWN AS OPERABLE UNIT 01, 20 JEFFERSON YARD, AND IS LOCATED AT 20 JEFFERSON AVENUE, ELGIN, ILLINOIS.05-2010-1003 UNITED SCRAP LEAD (B.

BURNS; T. BURNS; TRUST)JUDGMENT


THE UNITED STATES OF AMERICA, BY AUTHORITY OF THE ATTORNEY GENERAL OF THE UNITED STATES AND ACTING AT THE REQUEST OF THEADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY (EPA), FILED A COMPLAINT AGAINST PRESENT AND FORMER SHAREHOLDERS OFBURNS IRON & METAL COMPANY (BIMCO) SEEKING TO RECOVER ASSETS OF BIMCO UNDER THE SECTIONS 3306 AND 3307 OF THE FEDERAL DEBTCOLLECTION PROCEDURE ACT (FDCPA), 28 U.S.C. §§ 3306, 3307 AND THE FEDERAL PRIORITY ACT (FPA), 31 U.S. § 3713(A). THE COURT PREVIOUSLYENTERED A STIPULATION, SETTLEMENT AGREEMENT AND ORDER BETWEEN THE UNITED STATES AND SOME (BUT NOT ALL) OF THE PRESENT ANDFORMER SHAREHOLDERS OF BIMCO. THIS STIPULATION, SETTLEMENT AGREEMENT AND ORDER IS BETWEEN THE UNITED STATES AND THEREMAINING PRESENT AND FORMER SHAREHOLDERS OF BIMCO, SPECIFICALLY BRIAN BUMS, THOMAS BURNS AND THE THOMAS P. BURNS TRUST.THE UNITED STATES AND THE SETTING DEFENDANTS AGREE THAT SETTLEMENT OF THIS ACTION WITHOUT FURTHER LITIGATION IS IN THE PUBLICINTEREST AND THAT ENTRY OF THIS STIPULATION, SETTLEMENT AGREEMENT AND ORDER IS THE MOST APPROPRIATE MEANS OF RESOLVING THISMATTER.05-2010-1007 CRETECOTE CREEKSIDE

AVENUE UNILATERAL ADMINORDER (CERCLA)


THIS UNILATERAL ADMINISTRATIVE ORDER PERTAINS TO PROPERTY LOCATED AT 4102 CREEKSIDE AVENUE IN TOLEDO, LUCAS COUNTY, OHIO.THIS ORDER REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL ACTIVITIES TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TOTHE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF HAZARDOUSSUBSTANCES AT OR FROM THE SITE.05-2010-1008 KLEE ROAD UNILATERAL

ADMIN ORDER (CERCLA)01/19/2010 CERCLA 106 AO For Resp Action/Imm Haz





SummaryTHIS ORDER PERTAINS TO PROPERTY LOCATED AT 1183 KLEE ROAD, ROGERS TOWNSHIP, ROGERS CITY, PRESQUE ISLE COUNTY, MICHIGAN. THISORDER REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL ACTIVITIES DESCRIBED HEREIN TO ABATE AN IMMINENT AND SUBSTANTIALENDANGERMENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASEOF HAZARDOUS SUBSTANCES AT OR FROM THE SITE.05-2010-1010 BAUTSCH-GRAY MINE SITE



THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATESENVIRONMENTAL PROTECTION AGENCY AND RESPONDENTS. THIS SETTLEMENT AGREEMENT PROVIDES FOR THE PERFORMANCE OF REMOVALACTIONS BY RESPONDENTS AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTIONWITH THE PROPERTY LOCATED ON SOUTH BLACKJACK ROAD IN JO DAVIESS COUNTY, ILLINOIS, THE "BAUTSCH-GRAY MINE SITE".05-2010-1010 BAUTSCH-GRAY MINE SITE



THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATESENVIRONMENTAL PROTECTION AGENCY AND RESPONDENTS. THIS SETTLEMENT AGREEMENT PROVIDES FOR THE PERFORMANCE OF REMOVALACTIONS BY RESPONDENTS AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTIONWITH THE PROPERTY LOCATED ON SOUTH BLACKJACK ROAD IN JO DAVIESS COUNTY, ILLINOIS, THE "BAUTSCH-GRAY MINE SITE".05-2010-1010 BAUTSCH-GRAY MINE SITE



THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATESENVIRONMENTAL PROTECTION AGENCY AND RESPONDENTS. THIS SETTLEMENT AGREEMENT PROVIDES FOR THE PERFORMANCE OF REMOVALACTIONS BY RESPONDENTS AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTIONWITH THE PROPERTY LOCATED ON SOUTH BLACKJACK ROAD IN JO DAVIESS COUNTY, ILLINOIS, THE "BAUTSCH-GRAY MINE SITE".05-2010-1011 ABINGDON POTTERY ADMIN

ORDER ON CONSENT(CERCLA)


THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT PROVIDES FOR THE PERFORMANCE OF RESPONSE ACTIONS BYRESPONDENT AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTION WITH THEPROPERTY LOCATED AT THE NORTHWEST CORNER OF SANITARY ROAD AND EAST STREET IN THE CITY OF ABINGDON, KNOX COUNTY, IL, KNOWNAS THE ABINGDON POTTERY SITE.





Summary05-2010-1011 ABINGDON POTTERY ADMIN



THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT PROVIDES FOR THE PERFORMANCE OF RESPONSE ACTIONS BYRESPONDENT AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTION WITH THEPROPERTY LOCATED AT THE NORTHWEST CORNER OF SANITARY ROAD AND EAST STREET IN THE CITY OF ABINGDON, KNOX COUNTY, IL, KNOWNAS THE ABINGDON POTTERY SITE.05-2010-1011 ABINGDON POTTERY ADMIN



THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT PROVIDES FOR THE PERFORMANCE OF RESPONSE ACTIONS BYRESPONDENT AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTION WITH THEPROPERTY LOCATED AT THE NORTHWEST CORNER OF SANITARY ROAD AND EAST STREET IN THE CITY OF ABINGDON, KNOX COUNTY, IL, KNOWNAS THE ABINGDON POTTERY SITE.05-2010-1012 CHEMICAL RECOVERY

CONSENT DECREE (CERCLA)07/16/2010 Civil Judicial Action

The United States of America, on behalf of the Administrator of the United States Environmental Protection Agency, filed a complaint in this matter pursuant toSections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). The United States seeks the reimbursement ofcosts incurred by EPA and the Department of Justice for response actions at the Chemical Recovery Systems Superfund Site in Elyria Ohio and performance ofstudies and response work by the defendants at the Site.05-2010-1013 OTTAWA RADIATION SITE

CONSENT DECREE (CERCLA)05/18/2010 Civil Judicial Action

THE UNITED STATES, ON BEHALF OF THE ENVIRONMENTAL PROTECTION AGENCY, FILED A COMPLAINT IN THIS MATTER PURSUANT TO SECTIONS106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA). THIS CONSENT DECREE SEEKSINJUNCTIVE RELIEF IN THE FORM OF IN-KIND SERVICES AND THE REIMBURSEMENT OF RESPONSE COSTS INCURRED OR TO BE INCURRED AT THEOTTAWA RADIATION SITE IN OTTAWA, ILLINOIS.05-2010-1014 TITTABAWASSEE RIVER ADMIN







SummaryTHIS ADMINISTRATIVE ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THESTATE OF MICHIGAN, AND THE DOW CHEMICAL COMPANY. THE SETTLEMENT CONCERNS CONDUCTING SITE EVALUATIONS OF CURRENT SITECONDITIONS AND ASSESSMENT OF RESPONSE ACTIONS, THE PREPARATION AND PERFORMANCE OF ANY REMEDIAL INVESTIGATIONS, FEASIBILITYSTUDIES, ENGINEERING EVALUATION AND COST ANALYSIS, AND RESPONSE DESIGN TO RESPOND TO RELEASES OR THREATS OF RELEASES OFHAZARDOUS SUBSTANCES, POLLUTANTS, OR CONTAMINANTS AT THE DOW CHEMICAL COMPANY MIDLAND PROPERTY, OR THE TITTABAWASSEERIVER/SAGINAW RIVER & BAY SITE. 05-2010-1014 TITTABAWASSEE RIVER ADMIN



THIS ADMINISTRATIVE ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THESTATE OF MICHIGAN, AND THE DOW CHEMICAL COMPANY. THE SETTLEMENT CONCERNS CONDUCTING SITE EVALUATIONS OF CURRENT SITECONDITIONS AND ASSESSMENT OF RESPONSE ACTIONS, THE PREPARATION AND PERFORMANCE OF ANY REMEDIAL INVESTIGATIONS, FEASIBILITYSTUDIES, ENGINEERING EVALUATION AND COST ANALYSIS, AND RESPONSE DESIGN TO RESPOND TO RELEASES OR THREATS OF RELEASES OFHAZARDOUS SUBSTANCES, POLLUTANTS, OR CONTAMINANTS AT THE DOW CHEMICAL COMPANY MIDLAND PROPERTY, OR THE TITTABAWASSEERIVER/SAGINAW RIVER & BAY SITE. 05-2010-1014 TITTABAWASSEE RIVER ADMIN



THIS ADMINISTRATIVE ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THESTATE OF MICHIGAN, AND THE DOW CHEMICAL COMPANY. THE SETTLEMENT CONCERNS CONDUCTING SITE EVALUATIONS OF CURRENT SITECONDITIONS AND ASSESSMENT OF RESPONSE ACTIONS, THE PREPARATION AND PERFORMANCE OF ANY REMEDIAL INVESTIGATIONS, FEASIBILITYSTUDIES, ENGINEERING EVALUATION AND COST ANALYSIS, AND RESPONSE DESIGN TO RESPOND TO RELEASES OR THREATS OF RELEASES OFHAZARDOUS SUBSTANCES, POLLUTANTS, OR CONTAMINANTS AT THE DOW CHEMICAL COMPANY MIDLAND PROPERTY, OR THE TITTABAWASSEERIVER/SAGINAW RIVER & BAY SITE. 05-2010-1015 MERIDIAN AUTOMOTIVE

SYSTEMS - RUSHVILLE SITEADMIN ORDER ON CONSENT(CERCLA)


THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATESENVIRONMENTAL PROTECTION AGENCY AND THE RUSHVILLE MANUFACTURING MALL TRUST #101. THE SETTLEMENT AGREEMENT PROVIDES FORTHE PERFORMANCE OF REMOVAL ACTIONS BY THE RESPONDENT AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THEUNITED STATES IN CONNECTION WITH THE MERIDIAN AUTOMOTIVE SYSTEMS-RUSHVILLE SITE.





Summary05-2010-1015 MERIDIAN AUTOMOTIVE

SYSTEMS - RUSHVILLE SITEADMIN ORDER ON CONSENT(CERCLA)


THIS ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT IS ENTERED INTO VOLUNTARILY BY THE UNITED STATESENVIRONMENTAL PROTECTION AGENCY AND THE RUSHVILLE MANUFACTURING MALL TRUST #101. THE SETTLEMENT AGREEMENT PROVIDES FORTHE PERFORMANCE OF REMOVAL ACTIONS BY THE RESPONDENT AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THEUNITED STATES IN CONNECTION WITH THE MERIDIAN AUTOMOTIVE SYSTEMS-RUSHVILLE SITE.05-2010-1020 RIVERVIEW TRENTON

RAILROAD UNILATERAL ADMINORDER (CERCLA)


THIS ORDER IS ISSUED PURSUANT TO THE AUTHORITY VESTED IN THE PRESIDENT OF THE UNITED STATES BY SECTION 106(A) OF THECOMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED (CERCLA), 42 U.S.C. § 9606(A), ANDDELEGATED TO THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) BY EXECUTIVE ORDER NO. 12580,52 FEDERAL REGISTER 2923, AND FURTHER DELEGATED TO THE REGIONAL ADMINISTRATORS BY US EPA DELEGATION NOS. 14-14-A AND 14-14-B,AND TO THE DIRECTOR, SUPERFUND DIVISION, REGION 5, BY REGIONAL DELEGATION NOS. 14-14-A AND 14-14-B. THIS ORDER PERTAINS TO PROPERTY LOCATED AT 18251 WEST JEFFERSON AVENUE, RIVERVIEW, WAYNE COUNTY, MICHIGAN 48193. THIS ORDERREQUIRES THE RESPONDENT TO CONDUCT REMOVAL ACTIVITIES DESCRIBED HEREIN TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENTTO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF HAZARDOUSSUBSTANCES AT OR FROM THE SITE.05-2010-1021 CLEVELAND TRENCHER



THIS ORDER IS ISSUED PURSUANT TO THE AUTHORITY VESTED IN THE PRESIDENT OF THE UNITED STATES BY SECTION 106(A) OF THECOMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED (CERCLA), 42 U.S.C. § 9606(A), ANDDELEGATED TO THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) BY EXECUTIVE ORDER NO. 12580, 52FEDERAL REGISTER 2923, AND FURTHER DELEGATED TO THE REGIONAL ADMINISTRATORS BY EPA DELEGATION NOS. 14-14-A AND 14-14-B, AND TOTHE DIRECTOR, SUPERFUND DIVISION REGION 5, BY REGIONAL DELEGATION NOS. 14-14-A AND 14-14-B. THIS ORDER PERTAINS TO PROPERTY LOCATED AT 20100 ST. CLAIR AVENUE, EUCLID, OHIO. THIS ORDER REQUIRES THE RESPONDENTS TOCONDUCT REMOVAL ACTIVITIES DESCRIBED HEREIN TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH,WELFARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROMTHE SITE.





Summary05-2010-1234 PREMIER 02/02/2010 CWA 309G2B AO For Class II Penaltiespaid $31.5K fine for less than one acre fill05-2010-1235 FAULKS 03/26/2010 CWA 309G2B AO For Class II PenaltiesPaid $4K penalty and $10K SEP for fish restocking of Marion Pond05-2010-1236 BACON CONSTRUCTION, LLC 04/05/2010 CWA 309G2B AO For Class II PenaltiesPaid $7K in penalty05-2010-1238 SEMINOLE STONE, INC. 06/15/2010 CWA 309G2B AO For Class II Penaltiespaid $25,750 penalty05-2010-1239 SCOTT AND MARY JENNINGS 08/11/2010 CWA 309A AO For ComplianceAdmin. Order issued 8/11/1005-2010-1240 HINTZ EXCAVATING &

BLACKTOP04/09/2010 CWA 309G2B AO For Class II Penalties

APO issued April 2010 and withdrawn in May 201005-2010-2000 FEDERAL CORRECTIONAL

INSTITUTION (FF)10/19/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

UST inspection part of prison initiative05-2010-2001 HOLIDAY STATION STORE #226 12/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFacility was not maintaining release detection on one of its USTs, therefore a field citation was issued for $300.05-2010-2002 BERRYBROOK FARMS 12/29/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFacility is now in compliance.05-2010-2003 MARATHON 12/29/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFacility is now in compliance.05-2010-2004 SUNSET MARINA 01/11/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramUST inspection initiative in SE Chicago area05-2010-2005 FULLER CITGO 01/20/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramUST inspection initiative in SE Chicago area05-2010-2006 BURBANK, CITY OF 02/09/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramUST initiative to focus on non-marketers





Summary05-2010-2007 HARLEM & SCHERMER

SERVICE05/26/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

UST inspection conducted as part of a training initiative05-2010-2009 US LABORATORIES POLY-

CARB INC *07/26/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

UST inspection conducted as part of initiative.05-2010-2010 DUNCAN OIL CO 08/09/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramUST inspection conducted as part of initiative05-2010-2012 CHAMPION CO 08/09/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramUST inspection conducted conducted as part of initiative05-2010-2222 SOLAR SOURCES 03/16/2010 CWA 309G2B AO For Class II PenaltiesA Consent Agreement and Final Order was filed with the Regional Hearing Clerk on 3/16/10. This CAFO resolves violations of Section 404 of the CWA at two activemining operations owned by Solar Sources - Cannelburg and Lewis mines - located in southern Indiana.05-2010-2601 DOW AGROSCIENCES LLC 11/23/2009 CAA 113D1 Action For PenaltyThe U.S. Environmental Protection Agency Region 5 issued a Consent Agreement and Final Order (CAFO) to Dow AgroSciences, L.L.C. (Dow Agro) for violations ofthe National Emission Standard for Hazardous Air Pollutants (NESHAP) for Pesticide Active Ingredient Production. The alleged violations included the failure toperform an initial demonstration on process condensers, failure to identify all points of determination for wastewater, and failure to identify all operating scenarios intheir the Notification of Compliance Status report for the NESHAP for PAI Production. Dow Agro has completed the necessary requirements to ensure continuedcompliance with the applicability, monitoring, and reporting requirements for the NESHAP for Pesticide Active Ingredient Production. The agreement requires Dow Agro to pay a civil penalty of $70,000.05-2010-2607 REGAL RECYCLING, INC. 03/24/2010 CAA 113A Admin Compliance Order (Non-Penalty)U.S. EPA Region 5 issued an Administrative Consent Order (ACO) to Regal Recycling to resolve violations of the Clean Air Act (CAA). On December 24, 2008, EPAissued to Regal Recycling a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Howell, Michigan. The FOV alleged that Regal Recycling hadfailed to fully respond to a previous 114 request. In response, Regal Recycling provided the requested records. Regal accepted for recycling small appliances such as refrigerators and room air conditioners that contained or once contained ozone-depleting refrigerants, withouteither recovering the refrigerant from the appliances, so that it would be required to verify that the refrigerant had been properly recovered prior to sale to RegalRecycling, as required at 40 CFR Section 82.156. The ACO requires Regal Recycling to utilize its refrigerant recovery equipment and to offer its customers the servicewhereby it may recover the refrigerant from appliances it accepts for scrap recycling at its facility. 05-2010-2610 KAISER ALUMINUM

FABRICATED PRODUCTS, LLC.05/11/2010 CAA 113A Admin Compliance Order (Non-Penalty)





SummaryKaiser Aluminum Fabricated Product s (Kaiser) plant in Kalamazoo, Michigan, is subject to the Secondary Aluminum Production NESHAP at 40 C.F.R. Part 63,Subpart RRR. Kaiser has constructed a new aluminum meting furnace at the plant. The NESHAP requires that Kaiser conduct performance testing of the furnace foremissions of dioxins and furans within 90 days of start-up, which was on or before May 5, 2010. Kaiser informed EPA that, for a variety of reasons, it would not be ableto operate the furnace at its highest production level required for testing by May 5, 2010. Since the NESHAP does not have provisions for extending the 90-daydeadline for conducting performance testing, this order to requires testing by July 30, 2010, in accordance with the provision at 40 C.F.R. § 3.1511(b). It also requiresKaiser to submit the test results to EPA by September 30, 2010. 05-2010-2700 ELASTOMERIC ROOFING

SYSTEMS NOTICE OFDETERMINATION


ON APRIL 16, 201O EPA ISSUED AN NOD AFTER DETERMINING THAT BASED ON THE INFORMATION PROVIDED, THE FACILITY'S SELF-DISCLOSURECOMPORTS WITH THE REQUIREMENTS IN EPA'S AUDIT POLICY.05-2010-2860 NEW PAGE WATER RENEWAL

CENTER (LINWOOD) NOD03/11/2010 CAA 113D1 Action For Penalty

This Notice of Determination was issued to New Page Corp. in response to their 10/09/2009 voluntary disclosure of violations to EPCRA 312.05-2010-3845 PAW PAW PLATING (SB) 10/01/2009 EPCRA 325 Action For PenaltyThis enforcement action is related to violations of EPCRA 312, Chemical Inventory Reporting, for 2004 and 2005.05-2010-3846 HARTUNG BROTHERS INC.

(WISCONSIN RAPIDS) NOD (SB)11/04/2009 CAA 113D1 Action For Penalty

This Notice of Determination has been issued in response to a 5/13/2009 voluntary disclosure of violations to CAA 112(r)(7) by Hartung Brothers Inc. at their facility inWisconsin Rapids, WI.05-2010-3847 LAKEVIEW FARMS (BRISTOL)

CAFO11/02/2009 CERCLA 109 Action For Penalty

This enforcement action is the result of an anhydrous ammonia release which occurred at the facility on 10/24/2007.05-2010-3847 LAKEVIEW FARMS (BRISTOL)


This enforcement action is the result of an anhydrous ammonia release which occurred at the facility on 10/24/2007.05-2010-3848 CF INDUSTRIES (ROSEMOUNT)

ESA11/10/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This ESA is the result of findings from a CAA 112(r)(7) (Risk Management Program) inspection which was conducted at the facility on 9/18/2007.05-2010-3849 NORTH PUMPING STATION

(SOUTH BEND) ESA11/10/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





SummaryThis ESA is the result of findings from a Risk Management Plan (CAA 112(r)(7)) inspection which was conducted on 9/8/2008.05-2010-3850 INERGY PROPANE (SEYMOUR)


Inergy Propane failed to provide a Tier II form for propane to the SERC, LEPC and fire department for calendar years 2005 and 2006.05-2010-3851 CITY OF SAGINAW WTP - ESA 12/04/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramThis ESA is the result of findings from a Risk Management Plan (CAA 112(r)(7)) inspection which was conducted on 7/16/2009.05-2010-3852 CYTEC INDUSTRIES

(KALAMAZOO) ESA12/22/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This enforcement action is the result of findings from a Risk Management Plan (CAA 112(r)(7)) inspection which was conducted on 8/27/2008.05-2010-3853 ROHRER CORP.

(WADSWORTH) NOD12/28/2009 CAA 113D1 Action For Penalty

This Notice of Determination is the result of Rohrer Corporation's 3/31/2008 voluntary disclosure of violations to EPCRA 312 (failure to submit Tier II forms in a timelymanner).05-2010-3853 ROHRER CORP.

(WADSWORTH) NOD12/28/2009 EPCRA 325 Action For Penalty

This Notice of Determination is the result of Rohrer Corporation's 3/31/2008 voluntary disclosure of violations to EPCRA 312 (failure to submit Tier II forms in a timelymanner).05-2010-3854 JEWEL DISTRIBUTION CENTER

(MELROSE PARK) ESA01/14/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This enforcement action is the result of findings from a Risk Management Plan (CAA 112(r)(7))inspection which was conducted on 6/10/2009.05-2010-3855 AIRGAS NOD 01/15/2010 EPCRA 325 Action For PenaltyThis NOD is the result of a voluntary disclosure of violations to EPCRA 312 (Tier II reporting) which were disclosed by Airgas Inc. on 3/9/2009. Although thisdisclosure is multiregional, HQ asked Region 5 to take the lead in resolving the case.05-2010-3856 CHICAGO SOUTH WATER

FILTRATION PLANT - ESA02/02/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This enforcement action is the result of findings from a Risk Management Plan (CAA 112(r)(7)) inspection which was conducted on 3/20/2009.05-2010-3858 COUNTRY FRESH LLC (FLINT)

(CAFO)03/11/2010 CAA 113D1 Action For Penalty

This enforcement action is the result of findings from a Risk Management Plan (CAA 112(r)(7))inspection which was conducted on 5/29/2008.05-2010-3861 ALRO STEEL (JACKSON) CAFO 03/15/2010 EPCRA 325 Action For Penalty





SummaryThis enforcement action was issued in response to EPCRA 311/312 violations discovered during inspections conducted in 2008 at Alro Steel facilities in Lansing MI,Melrose Park IL, Indianapolis IN and Fort Wayne IN.05-2010-3862 HANDY FERTILIZER

(MILLSTADT) CAFO (SB)03/15/2010 CAA 113D1 Action For Penalty

This enforcement action was issued in response to an anhydrous ammonia release, caused by an attempted theft, which occurred at Handy Fertilizer on 9/23/2008.05-2010-3862 HANDY FERTILIZER

(MILLSTADT) CAFO (SB)03/15/2010 CERCLA 109 Action For Penalty

This enforcement action was issued in response to an anhydrous ammonia release, caused by an attempted theft, which occurred at Handy Fertilizer on 9/23/2008.05-2010-3863 AIRGAS INC. NOD 03/15/2010 CAA 113D1 Action For PenaltyThis Notice of Determination was issued in response to a voluntary disclosure of violations to CAA 112(r)(7) by Airgas, Inc. on 3/9/2009. Although the disclosure wasmultiregional, HQ asked Region 5 to take the lead in resolving the case.05-2010-3864 VAN ORIN CO-OP OIL CO.

(MALDEN) CAFO (SB)04/02/2010 CERCLA 109 Action For Penalty

This enforcement action is the result of an ammonia release which occurred on 04/27/2008.05-2010-3864 VAN ORIN CO-OP OIL CO.

(MALDEN) CAFO (SB)04/02/2010 EPCRA 325 Action For Penalty

This enforcement action is the result of an ammonia release which occurred on 04/27/2008.05-2010-3865 PREFERRED FREEZER

SERVICES (CHICAGO) CAFO04/15/2010 EPCRA 325 Action For Penalty

Failure to file Tier II Reports and MSDSs with SERC, LEPC and local fire department - discovered during a random EPCRA inspection on 7/17/2008.05-2010-3866 COLDWATER BOARD OF

PUBLIC UTILITIES (ESA)05/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file 5-year update of Risk Management Plan under CAA 112(r)(7).05-2010-3867 CITY OF NILES, MI WWTP (ESA) 05/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailure to submit 5-year update to Risk Management Plan under CAA 112(r)(7).05-2010-3868 STAMPEDE MEAT

(BRIDGEVIEW) ESA06/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This ESA was filed in response to violations found during a Risk Management Plan (CAA 112(r)(7)) inspection which was conducted on 6/2/2008.05-2010-3869 SOLVAY FLUORIDES

(ALORTON) CAFO06/09/2010 CAA 113D1 Action For Penalty





SummaryThis enforcement action is the result of violations against CAA 112(r)(7) (Risk Management Plan) which were discovered during an inspection which was conducted on8/16-17/2007.05-2010-3870 BEDFORD ILLINOIS STREET

WTP - ESA06/14/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to submit 5-year update to Risk Management Plan under CAA 112(r)(7).05-2010-3871 CENTRAL MN ETHANOL COOP

(ESA)06/14/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to submit 5-year update to Risk Management Plan under CAA 112(r)(7).05-2010-3872 MORE'S AG CENTER (BLUE

EARTH)06/14/2010 CERCLA 109 Action For Penalty

This enforcement action was issued in response to a release of anhydrous ammonia which occurred during an attempted theft on 6/20/2007.05-2010-3872 MORE'S AG CENTER (BLUE

EARTH)06/14/2010 EPCRA 325 Action For Penalty

This enforcement action was issued in response to a release of anhydrous ammonia which occurred during an attempted theft on 6/20/2007.05-2010-3873 FORNOFF FERTILIZER

SERVICE (KILBOURNE) ESA06/17/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to submit a 5-year update for the facility's Risk Management Plan under CAA 112(r)(7).05-2010-3874 BLUEWATER GAS STORAGE

(COLUMBUS TOWNSHIP) ESA06/22/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This enforcement action was issued in response to violations found during a Risk Management Plan (CAA 112(r)(7)) inspection which was conducted on 8/18/2009.05-2010-3875 TOTAL LOGISTICS INC. (PAW

PAW) ESA06/22/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This enforcement action was issued in response to violations discovered during a Risk Management Plan (CAA 112(r)(7)) inspection which was conducted on9/15/2009.05-2010-3876 GORDON FOOD SERVICE

(BRIGHTON) ESA06/22/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Late in filing the 5-year update to the facility's Risk Management Plan as required under CAA 112(r)(7).05-2010-3877 GORDON FOOD SERVICE

(GRAND RAPIDS) ESA06/22/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Late in filing the 5-year update for the facility's Risk Management Plan as required by CAA 112(r)(7).





Summary05-2010-3878 MACDERMID INC. (FERNDALE)


Late in filing the 5-year update to the facility's Risk Management Plan as required under CAA 112(r)(7).05-2010-3879 MENNEL MILLING CO.

(DOWAGIAC) ESA06/22/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Late in filing a 5-year update for the facility's Risk Management Plan as required under CAA 112(r)(7).05-2010-3880 BLOMKEST FERTILIZER

(BLOMKEST, MN) ESA06/28/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Late in filing the 5-year update to the facility's Risk Management Plan as required by CAA 112(r)(7).05-2010-3881 FARMERS COOP OF HANSKA -


Late filing of the 5-year update to the facility's Risk Management Plan which is required under CAA 112(r)(7).05-2010-3882 BLUE ISLAND PHENOL - ESA 07/01/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailure to file a 5-year update to the facility's Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3883 VERONA PUMPING STATION

(BATTLE CREEK) CAFO07/01/2010 CAA 113D1 Action For Penalty

This enforcement action was filed in response to multiple violations which were discovered during a Risk Management Plan inspection (CAA 112(r)(7)) which wasconducted on 8/26/2008.05-2010-3884 CAMERON GRAIN CORP. - ESA 07/07/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailure to file a 5-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-3885 CITY OF WAUKEGAN WATER

PLANT - ESA07/01/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner - as required under CAA 112(r)(7).05-2010-3886 DANVERS FARMERS

ELEVATOR CO. - ESA07/01/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3887 DOW CHEMICAL CO.

(CHARLESTON) ESA07/01/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner - as required under CAA 112(r)(7).





Summary05-2010-3888 FILTRONA POROUS

TECHNOLOGIES (ST.CHARLES) ESA


Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3889 PRAIRIE FARMS DAIRY

(GRANITE CITY) ESA07/01/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3890 MCSWAIN MANUFACTURING

(CINCINNATI) NOD07/12/2010 CWA 311B6B1 AO For Class I Penalty

This Notice of Determination was sent in response to McSwain's voluntary disclosure of violations to EPCRA 311/312/313 and CWA 311/SPCC.05-2010-3890 MCSWAIN MANUFACTURING

(CINCINNATI) NOD07/12/2010 EPCRA 325 Action For Penalty

This Notice of Determination was sent in response to McSwain's voluntary disclosure of violations to EPCRA 311/312/313 and CWA 311/SPCC.05-2010-3891 TAZCO SOIL SERVICE CO.

(GOODFIELD) ESA07/15/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a five-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-3892 FRICK SERVICES (LARWILL)


Failure to file 5-year update to Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3893 FRICK SERVICES (LEITERS

FORD) ESA07/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file 5-year update to Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3894 GULLY TRI-COOP

ASSOCIATION (GULLY, MN)ESA


Failure to submit a 5-year update for the facility's Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3895 HARVESTLAND COOPERATIVE

(MORGAN) ESA07/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update for the facility's Risk Management Plan in a timely manner - as required by CAA 112(r)(7).





Summary05-2010-3896 KRAGNES FARMERS

ELEVATOR CO. (MOORHEAD)ESA


Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner - as required by CAA 112(r)(7).05-2010-3897 NORTHERN RESOURCES

COOP (ROSEAU) ESA07/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-3898 NORTHERN RESOURCES

COOP (ROSEAU) ESA07/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-3899 RUPARI FOOD SERVICES

(SOUTH HOLLAND) ESA08/05/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a five-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-3900 A & B METAL RECYCLING (SB) 10/21/2009 CAA 113A Admin Compliance Order (Non-Penalty)U.S. EPA Region 5 issued an Administrative Consent Order (ACO) to A & B Metal Recycling to resolve violations of the Clean Air Act (CAA). On June 26, 2008, EPAissued to A & B a Finding of Violation (FOV) pertaining to its scrap metal recycling facility in Cleveland, Ohio. The FOV alleged that A & B accepted for recycling smallappliances such as refrigerators and room air conditioners that contained or once contained ozone-depleting refrigerants, without either recovering the refrigerant fromthe appliances or verifying that the refrigerant had been properly recovered prior to sale to A & B, in violation of regulations found at 40 CFR 82.156. The ACO requiresA & B to obtain refrigerant recovery equipment and to properly recover the refrigerant from appliances it accepts for scrap recycling at its Cleveland facility. A & B'srefrigerant recovery program is estimated to recover approximately 120 lbs of ozone-depleting refrigerants per year. Since the refrigerants used in small appliancesalso are potent global-warming gases, these resolutions will, in addition to protecting the ozone layer, have the added benefit of reducing the emissions of greenhousegases equivalent to removing approximately 60 SUVs from the road for a year.05-2010-3901 PAINESVILLE RECYCLING (SB) 01/25/2010 CAA 113A Admin Compliance Order (Non-Penalty)Painesville Recycling is a scrapyard in Painesville, Ohio that accepts at least ten appliances a day and operates 5 days per week. Prior to EPA's involvement, thefacility accepted refrigerant-containing appliances without collecting verification statements from the seller or completing recovery on the appliances. Since then,Painesville Recycling has started using recovery equipment.05-2010-3902 RALSTON FOODS (SB) 02/24/2010 CAA 113D1 Action For Penalty





SummaryRalston Foods owns and operates a private-label cereal manufacturing facility at 276 Bremen Road, Lancaster, Ohio. In a Notice of Violation issued December 29,2008, the U.S. Environmental Protection Agency finds that Ralston violated Section 110 of the Clean Air Act, 42 U.S.C. § 7410, and the Ohio State ImplementationPlan by failing to account for all potential emissions that could be emitted from its Lancaster, Ohio facility when it applied for its operating permits, in violation of OhioAdministrative Code 3745-35-02(B)(6). EPA discovered this violation after reviewing Ralston's response to an information request and through an May 15, 2008inspection of the facility. EPA is issuing the Administrative Penalty Order concurrently with this Consent Agreement and Final Order (CAFO). Ralston demonstratedcompliance by applying for an amendment to its operating permits on February 12, 2009 to account for volatile organic compound emissions from its dryers. Underthis CAFO, Ralston will pay a penalty of $29,336 and will perform the following supplemental environmental project: installing a new cooling system that will reducecarbon dioxide emissions within 6 months of the effective date of this CAFO.05-2010-3904 PLASKOLITE 03/10/2010 CAA 113D1 Action For PenaltyA Finding of Violation was issued to Plaskolite Inc, in Columbus, Ohio for violating LDAR requirements established in accordance with 40 CFR Part 63 Subpart FFFFand its Title V Permit. Specifically, Plaskolite failed to cap two open-ended lines, on the addition funnels on Reactors B and C. These violations were discoveredduring an inspection. Plaskolite has capped their open-ended lines subject to the MACT. They have also agreed to a $3,000 penalty.05-2010-3907 ARCELORMITTAL STEEL USA 03/26/2010 CAA 113D1 Action For PenaltyOn November 3, 2008, AM certified and submitted a Method 303 Report that demonstrated that on October 10 and 29, 2008, Unit B901 at the facility exceeded thecharging operations visible particulate emission limit in Part III.A.I.1 of its Title V permit and the Ohio SIP at OAC Chapter 3745-17-07(B)(2)(a). The chargingoperations visible particulate emission exceedances on October 10 and 29, 2008, were violations of AM s Title V permit, the Ohio SIP, Section 110 of the Act, 42U.S.C. § 7410, and Section 502 of the Act, 42 U.S.C. § 7661a. In addition, on November 3, 2008, AM certified and submitted a Method 303 Report that demonstratedthat on October 10, 2008, Unit B901 at the facility exceeded the offtake piping visible particulate emission limit in Part III.A.I.1 of its Title V permit and the Ohio SIP atOAC Chapter 3745-17-07(B)(2)(b). The offtake piping visible particulate emission exceedance on October 10, 2008, was a violation of AM s Title V permit, the OhioSIP, Section 110 of the Act, 42 U.S.C. § 7410, and Section 502 of the Act, 42 U.S.C. § 7661a. In response to the NOV, AM stated that the October 10, 2008 violationwas a result of back pressure built up on the battery due to a plugged impulse line. AM corrected the problem, and put a preventative maintenance procedure in placeto clean the impulse line on a monthly basis. AM stated the cause of the October 29, 2008 violation was failure of an automatic valve. According to AM, theequipment was fixed and returned to normal operations.05-2010-4042 DANN R. KRAATZ, ET. AL. 05/20/2010 CWA 309A AO For ComplianceAdministrative Order requiring removal of fill material from and restoration of 22.5 acres of wetlands.05-2010-4686 SPRING VALLEY ESTATES MHP 10/05/2009 SDWA 1414G2 AO For Compliance (PWS)Administrative Order Issued for failure to sample for TTHM and HAA505-2010-4689 CROMWELL WATER WORKS

IN525700412/15/2009 SDWA 1414G2 AO For Compliance (PWS)

Cromwell Water Works failed to conduct standard monitoring according to its standard monitoring plant for TTHM and HAA5 as required by the Stage 2 DBPR.05-2010-4690 VILLAGE OF CALEDONIA 10/27/2009 SDWA 1414G2 AO For Compliance (PWS)





SummarySystem violated the Safe Drinking Water Act by failing to conduct standard monitoring according to its standard monitoring plan for TTHM and HAA5 as required bythe Stage 2 disinfectants and disinfection byproducts rule.05-2010-4691 SOUTHWEST COMMUNITY

WATER - STAGE 2 DBPR AO-OH4505412


Southwest Licking Community Water violated the SDWA for DBPR Stage 2 by not sampling as required for dual sets of TTHM and HAA5. They are required to makeup those samples.05-2010-4692 CITY OF XENIA - DBPR STAGE

2 AO - OH290281212/29/2009 SDWA 1414G2 AO For Compliance (PWS)

City of Xenia was required to sample for dual ample sets of TTHM and HAA5 every 90 days at 6 different sites. The system is in violation for not having complied withSDWA regulations for stage 2 DBPR and therefore must comply.05-2010-4693 WRIGHT STATE UNIVERSITY -

STAGE 2 DBPR AO -OH2902012


Wright State University was required to sample their drinking water every 90 days at 6 different sites for dual samples of TTHM and HAA5 as required by the SDWA.They are required to make up for the samples they did not take when required to do according to the DBPR Stage 2 regulations.05-2010-4694 MADISON VILLAGE - CCR AO -

OH430090301/13/2010 SDWA 1414G2 AO For Compliance (PWS)

Madison Villlage was required to prepare and submit CCRs and certifications for calendar years 2007 and 2008 by June 30 2007 and June 30, 2008, according toSDWA. The AO requires that the system must comply.05-2010-4695 HORVATHS MOBILE HOME

PARK - CCR AO - OH780131201/13/2010 SDWA 1414G2 AO For Compliance (PWS)

Horvaths Mobile Home Park was required to prepare and submit their calendar years 2007 & 2008 CCRs and Certification by June 30 2007 and 2008, but did not.They are required to prepare and submit their 2007 & 2008 CCRs and Certifications in order to be returned to compliance, as required by SDWA.05-2010-4696 WILLOW SPRINGS MOBILE

HOME PARK AO FOR TCR/LCRM/R AND CCR VIOLS.


AO issued on 10/5/2009 for M/R and other types of violations(CCR) cited in 3/5/2008 NOV that system did not subsequently return to compliance for, i.e., Lead/copperand total coliform bacteria M/R and CCR violations. The AO requires system to sample for Lead/copper during the 2nd half of 2009 and first half of 2010, properlysample for total coliform bacteria monthly from 10/2009 to 3/2010, issue the Public Notice for the violations cited in the AO, and issue the Consumer ConfidenceReport IDEM and Region 5 prepared for the system.





Summary05-2010-4697 SAULT STE MARIE LT2 M/R AO,

MI000595012/04/2009 SDWA 1414G2 AO For Compliance (PWS)

Administrative Order (AO)issued on 12/4/2009 for failure to conduct intial and/or report results for initial source water monitoring for E. coli and turbidity during April-September 2008 in accordance with approved LT2 source water monitoring plan. The AO requires system to continue to monitor for Cryptosporidium, E. coli andturbidity from December 2009 thru March 2010 in accordance with its approved LT2 plan and schedule, collect a second matrix spike Cryptosporidium sample with orbefore its December 2009 field sample, report all sample results, submit an initial bin classification report by September 9, 2010, and provide public notice for theviolations cited int the AO by January 31, 2010. 05-2010-4698 ST. CLAIR LT2 M/R AO,

MI000627010/01/2009 SDWA 1414G2 AO For Compliance (PWS)

Administrative Order (A) issued on 10/1/2009 for failure to monitor for E. coli and turbidity during October, November, and December of 2008 at least once every twoweeks within two days before or two days after each sampling date in its approved source water monitoring plan. The AO requires the system to collect make-upsamples during October, November, and December of 2009 as specified in its revised sampling schedule, approved by EPA on April 8, 2009. It also required thesystem to provide public notice for the violations. System met the requirements of the AO by collecting the required E. coli and turbidity make-up samples duringOctober, November, and December 2009 and reporting the results to U.S. EPA. System also provided public notice for the violations cited in the AO. A letterterminating the AO was issued on 1/20/201. 05-2010-4699 ESCANABA 11/19/2009 SDWA 1414G2 AO For Compliance (PWS)Administrative Order issued because system failed to sample for TTHM and HAA505-2010-4700 OHIO AMERICAN WATER CO-

TIFFIN DISTRICT OH740061401/22/2010 SDWA 1414G2 AO For Compliance (PWS)

Fail to conduct a system specific study according to its system specifice study plan for TTHM and HHA5. Stage 2 DBPR05-2010-4701 CHRISNEY WATER

DEPARTMENT - IN527400101/12/2010 SDWA 1414G2 AO For Compliance (PWS)

Chrisney Water Department failed to conduct standard monitoring according to its standard monitoring plan for TTHM and HAA5 as required by the Stage 2 DBPR. 05-2010-4702 MARINETTE WATERWORKS 01/15/2010 SDWA 1414G2 AO For Compliance (PWS)System failed to conduct monitoring for TTHM and HAA5 at 8 sites according to their system specific study plan.05-2010-4703 DFC MOBILE HOME PARK 01/29/2010 SDWA 1414G2 AO For Compliance (PWS)System failed to provide and submit CCRs and Certifications for calendar years 2007 and 2008. System has returned to compliance 7/30/10.05-2010-4704 M & C MOBILE HOME

PARK_OH5000912 - SB02/11/2010 SDWA 1414G2 AO For Compliance (PWS)

Consumer Confidence Report violation. (CCR)





Summary05-2010-4705 J & H MOBILE HOME PARK - SB 02/09/2010 SDWA 1414G2 AO For Compliance (PWS)Consumer Confidences Report violation for 2008.05-2010-4707 ROCK CREEK VILLAGE 02/24/2010 SDWA 1414G2 AO For Compliance (PWS)Failed to conduct standard monitoring according to its standard monitoring plan for TTHM and HAA5 as required by the Stage 2 DBPR.05-2010-4708 AYERSVILLE WATER & SEWER

DISTRICT - STAGE 2 AO02/12/2010 SDWA 1414G2 AO For Compliance (PWS)

Ayersville vilate the Stage 2 Disinfectants and Disinfection Byproducts Rule by not monitoring according to ist standard monitoring plan for the Stage 2 DBPR. Systemis required to sample accordingly to be returned to compliance.05-2010-4709 TRI-COUNTY WATER

AUTHORITY02/02/2010 SDWA 1414G2 AO For Compliance (PWS)

Administrative Order issued for failure to sample for TTHM and HAA505-2010-4710 STATE LINE MHP 2 02/26/2010 SDWA 1414G2 AO For Compliance (PWS)Administrative Order issued for failure to submit CCR05-2010-4711 STATE LINE MHP 1 03/15/2010 SDWA 1414G2 AO For Compliance (PWS)Administrative Order issued for failure to submit CCR05-2010-4712 ROAMING SHORES VILLAGE,

OH0400611 STAGE 2 DBPR M/RAO


Administrative Order issued on Febraury 1, 2010 for failure to conduct standard monitoring for total trihalomethanes (TTHM) and haloacetic acids (HAA5) at twostandard monitoring sites according to your standard monitoring plan. Specifically, standard monitoring for TTHM and HAA5 was conducted at one standardmonitoring site (site number 1) instead of two standard monitoring sites (site number 1 and site number 2). The AO requires system to revise and submit anapprovable standard monitoring plan (SMP), and collect a dual sample set for total TTHM and for HAA5 at standard site monitoring site number 2 during February,May, August, and November of 2010 according to its revised and U.S. EPA approved SMP. It also requires system to submit an Initial Distribution System Report,and provide public notice for the above monitoring violations. 05-2010-4713 CAMP KIKTHAWENUND BOY

SCOUT WEST WELL,IN2480859 GWR TRIGGEREDSOURCE WATER M/R AO


Administrative Order (AO) issued on March 24, 2010 for failure to comply with Ground Water Rule requirement to collect from system's well within 24 hours of beingnotified of a December 23, 2009 total coliform-positive sample and to provide public notice within 48 hours of the failure to sample. The AO requires system to collectat least one E. coli sample from the well within 24 hours of receipt of AO, and provide public notification to customers that system did not collect an E. coli sample fromeach ground water source in use at the time of the December 23, 2009 routine total coliform-positive sample.





Summary05-2010-4714 WAYNESBURG VILLAGE PWS 05/27/2010 SDWA 1414G2 AO For Compliance (PWS)Administrative Order issued for failure to sample for TTHM & HAA505-2010-4715 VILLAGE OF OAK HILL AO 04/01/2010 SDWA 1414G2 AO For Compliance (PWS)System failed to conduct standard monitoring for TTHM & HAA5 at two sites according to their standard monitoring plan.05-2010-4716 VILLAGE OF COALTON AO 05/10/2010 SDWA 1414G2 AO For Compliance (PWS)System failed to conduct standard monitoring for TTHM & HAA5 at two sites according to their standard monitoring plan.05-2010-4717 BOURBON WATER DEPT.

STAGE 2 DBPR AO IN525000206/02/2010 SDWA 1414G2 AO For Compliance (PWS)

Bourbon Water Department failed to sample for TTHM amd HAA5 as required by the SDWA and must do so in order to return to compliance.05-2010-4718 RIDGEVIEW MENNONITE

CHURCH - IN2020804 (SB)04/21/2010 SDWA 1414G2 AO For Compliance (PWS)

Failed to conduct triggered source water monitoring as required by the ground water rule (GWR).05-2010-4719 PINES APARTMENT OF

DEMOTTE, IN5237009 GWRTRIGGERED SOURCE WATERM/R AO


Administrative Order (AO) issued on May 12, 2010 for failure to comply with Ground Water Rule requirement to collect from system's two wells within 24 hours ofbeing notified of an April 1, 2010 total coliform-positive sample and to provide public notice within 48 hours of the failure to sample. The AO requires system to collectat least one E. coli sample from each of the system s two wells within 24 hours of receipt of AO, and provide public notification to customers that system did not collectan E. coli sample from each ground water source in use at the time of the April 1, 2010 routine total. The water system complied with the AO by collecting an E. colisample from its East and West wells on May 14, 2010, and provided public notice of the violation cited in the AO. A letter terminating the AO was issued on June 16,2010.05-2010-4720 ROOSEVELT PARK 04/12/2010 SDWA 1414G2 AO For Compliance (PWS)Administrative Order issued for failure to sample for TTHM and HAA505-2010-4721 RUSSIAVILLE WATER WORKS -

IN523400806/09/2010 SDWA 1414G2 AO For Compliance (PWS)

Fail to conduct all standard monitoring during April 2009, July 2009, October 2009 and February 2010 according to its Standard Monitoring Plan (SMP). For TTHM andHAA5 as required by the Stage 2 Disinfectants and Disinfection Byproducts Rule (stage 2 DBPR). 05-2010-4722 MARY SEARS ACADEMY AO 07/16/2010 SDWA 1414G2 AO For Compliance (PWS)System has violated certain requirements of the SDWA. System failed to sample for the following: SOCs during 2005-2010; Arsenic during 2005-2007; and lead &copper during 2006, 2008, and 2009.





Summary05-2010-4723 FRANCISCO WATER

DEPARTMENT AO07/22/2010 SDWA 1414G2 AO For Compliance (PWS)

System failed to conduct standard monitoring according to its standard monitoring plan for TTHM and HAA5 as required by the Stage 2 DBPR.05-2010-5501 SANIMAX 01/11/2010 CAA 113D1 Action For Penalty On October 30, 2008, U.S. EPA conducted an inspection at the DeForest facility. EPA discovered the violations through this inspection and a review of informationsubmitted by Sanimax in response to an information request. Specifically, Sanimax was found to be subject to and in violation of 40 C.F.R. Part 60, Subparts NNNand VV. Sanimax performed the required stack testing and LDAR at the DeForest plant on April 16, 2009 and May 14-15, 2009, respectively. Sanimax also amendedtheir air operating permit to incorporate Subpart NNN requirements. Under the terms of the settlement, Sanimax will pay a $9,645.50 civil penalty and install an end-of-process technology which eliminates odor from their waste grease storage tanks at the violating facility as a supplemental environmental project (SEP) withestimated value of $40,168.05-2010-5505 BIEWER WISCONSIN SAWMILL 12/17/2009 CAA 113D1 Action For PenaltyThe Biewer-Wisconsin Sawmill is an automated sawmill located in Prentice, Wisconsin. Plant operations include four lumber drying kilns which are the subject ofEPA s enforcement action. Heating of the lumber in the kilns causes the wood to release organic compounds that are present in the wood. These emissions whichconsist mostly of VOCs are exhausted to the atmosphere uncontrolled. According to the information submitted by the company, the kilns emit about 19 lbs/hr and 83tons/year of VOC. On May 22, 2008, Biewer voluntarily disclosed to EPA potential violations of the CAA for the facility that were discovered during due diligence activities performed inrelation to the renewal of a Title V permit. According to the company s self disclosure, Biewer did not apply for or receive a construction permit prior to installation ofthe kilns in April/1990, or subsequent operation in May/1990, in violation of Wis. Admin. Code NR 154.04(1). Furthermore, in May/1995 Biewer submitted a renewableoperating permit application to the Wisconsin DNR as required under Wis. Adm. Code NR 407 and 40 C.F.R. 70, however, Biewer failed to identify the kilns as asignificant source of air pollutant emissions. Consequently, the permit issued by WDNR did not include requirements to measure, monitor and control air pollutantsemitted from the kilns, in violation of Wis. Admin. Code NR 407.05(4). On June 25, 2008, EPA notified Biewer that potential CAA violations discovered during activities supporting Title V certification requirements were not eligible forpenalty mitigation under EPA s self disclosure Policy. On April 16, 2009, EPA issued an NOV to Biewer for the above violations. To come into compliance thecompany submitted additional information to the state and obtained a new Title V permit. The new permit establishes emission limits, production capacity restrictionsand record keeping requirements for the kilns. This CAFO resolves the above violations 05-2010-5515 BADGER STATE ETHANOL, LLC 06/01/2010 CAA 113A Admin Compliance Order (Non-Penalty)





SummaryBadger State Ethanol is an ethanol production facility, subject to the New Source Performance Standards (NSPS) subpart Db. Badger State conducted stack testingfor nitrogen oxides (NOx) on June 26, 2008, and violated the NSPS NOx limit. Badger State retested on October 22, 2008, in compliance. Region 5 staff inspectedBadger State in December of 2008, at which time we learned about the stack tests. After obtaining and reviewing the stack test results, on August 13, 2009, Region 5issued a Finding of Violation (FOV) to Badger for violations of Subpart Db, specifically, for exceeding its allowable emission limits for nitrogen oxides (0.10 lb/mmBtu)at the Dryers/Thermal Oxidizers and a Waste Heat Boiler Process P10. According to the stack test reports submitted to Wisconsin Department of Natural Resources,Badger emitted 0.21 lb/mmBtu and 0.1037 lb/mmBtu, respectively. The parties held a conference to discuss the FOV on October 8, 2009. The facility submittedadditional information to EPA on October 22, 2009. While Badger s October 22, 2008 stack test for NOx emissions demonstrated compliance with the NSPS Subpart Db emissions limit, the results were very close to thelimit. Because the October 2008 test result was so close to the limit, EPA negotiated an agreement requiring Badger to install and operate a CEMS for measuringNOx at Process P10 to demonstrate continuous compliance. This Administrative Compliance Order (ACO) requires Badger to install a Monitor Tech MT100continuous emissions monitoring system (CEMS) on its Process P10 (stack S10). The ACO also requires Badger to complete CEMS installation and operation bySeptember 1, 2010. Badger must continuously operate the CEMS following its installation for at least five years. 05-2010-5516 BADGER STATE ETHANOL, LLC 06/07/2010 CAA 113D1 Action For PenaltyBadger State Ethanol is an ethanol production facility, subject to the New Source Performance Standards (NSPS) subpart Db. Badger State conducted stack testingfor nitrogen oxides (NOx) on June 26, 2008, and violated the NSPS NOx limit. Badger State retested on October 22, 2008, in compliance. Region 5 staff inspectedBadger State in December of 2008, at which time we learned about the stack tests. After obtaining and reviewing the stack test results, on August 13, 2009, Region 5issued a Finding of Violation (FOV) to Badger for violations of Subpart Db, specifically, for exceeding its allowable emission limits for nitrogen oxides (0.10 lb/mmBtu)at the Dryers/Thermal Oxidizers and a Waste Heat Boiler Process P10. According to the stack test reports submitted to Wisconsin Department of Natural Resources,Badger emitted 0.21 lb/mmBtu and 0.1037 lb/mmBtu, respectively. The parties held a conference to discuss the FOV on October 8, 2009. The facility submittedadditional information to EPA on October 22, 2009. While Badger s October 22, 2008 stack test for NOx emissions demonstrated compliance with the NSPS Subpart Db emissions limit, the results were very close to thelimit. Because the October 2008 test result was so close to the limit, EPA negotiated an agreement requiring Badger to install and operate a CEMS for measuringNOx at Process P10 to demonstrate continuous compliance. This Consent Agreement Final Order assesses a $51,065 cash penalty. 05-2010-5521 WISCONSIN PAPERBOARD

(THE NEWARK GROUP)07/01/2010 CAA 113D1 Action For Penalty

On July 1 ,2010 the U.S. Environmental Protection Agency issued a Consent Agreement and Final Order (CAFO) under Section 113(d) of the Clean Air Act (CAA), 42U.S.C. § 7413(d), resolving claims for federal civil penalties for alleged violations by The Newark Group, formally known as Wisconsin Paperboard, of CAA Section112(d), and the regulations promulgated at 40 C.F.R. Part 63, Subpart JJJJ, §§ 63.3280-63.3420 (Subpart JJJJ). Wisconsin Paperboard failed to provide timely initialnotification, semiannual compliance reports, and notification of compliance status as required by Subpart JJJJ, as set forth in a July 31, 2009 Finding of Violation.Respondent submitted the notifications and reports on September 30, 2008 and had returned to compliance before EPA commenced enforcement action. Thecompany proposed SEPs as part of resolution, but EPA HQ would not accept the SEPs in any form. Therefore the action is resolved by payment of a cash penalty.





Summary05-2010-6653 SUMMIT INC. 07/29/2010 CAA 113A Admin Compliance Order (Non-Penalty)Summit, Inc. is a scrapyard in Gary, Indiana that accepts at least one small appliance per day. Prior to EPA's involvement, the facility accepted refrigerant-containingappliances without collecting verification statements from the seller or completing recovery on the appliances. Since then, Summit, Inc. has started using recoveryequipment. It was determined by NEIC that Summit was unable to pay the penalty associated with these violations, so the referral was withdrawn from theDepartment of Justice, and this ACO resolves those violations. 05-2010-6739 SCHULZE & BURCH BISCUIT

CO.11/02/2009 CAA 113A Admin Compliance Order (Non-Penalty)

SCHULZE AND BURCH BISCUIT COMPANY FAILED TO RESPOND TO A SECTION 114 REQUEST FOR INFORMATION. THE ADMINISTRATIVE COMPLIANCEORDER REQUIRES THE SOURCE TO COMPLY WITH THE REQUEST.05-2010-6741 LOUIS DREYFUS

AGRICULTURAL INDUSTRIES,LLC.


On August 18, 2008, U.S. EPA conducted an inspection at the Claypool facility. EPA discovered the violations through this inspection and a review of informationsubmitted by Louis Dreyfus in response to an information request. Specifically, Louis Dreyfus was found to be subject to and in violation of 40 C.F.R. Part 60, SubpartVV. Louis Dreyfus completed the appropriate procedures to come into compliance on October 10, 2008. Under the terms of the settlement, Louis Dreyfus will pay a$77,628 civil penalty.05-2010-6742 ELI LILLY & COMPANY -

TIPPECANOE FACILITY12/23/2009 CAA 113D1 Action For Penalty

Eli Lilly and Company (Lilly) owns and operates a pharmaceutical manufacturing plant at 1650 Lilly Road, Lafayette, Indiana (referred to as Tippecanoe Laboratories).In a Finding of Violation issued March 25, 2008, the U.S. Environmental Protection Agency finds that Lilly violated Section 112 of the Clean Air Act, 42 U.S.C. § 7412,and the National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks at 40 C.F.R. Part 63, Subpart H. Specifically, Lilly failed to conduct asufficient first attempt at repair of a leaking component. EPA discovered this violation through an inspection it conducted on September 10-12, 2007 inspection. EPA is issuing the Administrative Penalty Order concurrently with this Consent Agreement and Final Order (CAFO). Lilly demonstrated compliance by eventuallymaking an attempt to repair the leaking component 3 days after the last date it was allowed. Under this CAFO, Lilly will pay a penalty of $12,000. 05-2010-6743 LONE STAR INDUSTRIES DBA

BUZZI UNICEM USA06/04/2010 CAA 113A Admin Compliance Order (Non-Penalty)

The order was issued to tell Buzzi that they need to complete their D/F stack testing when they resume operations of their cement kiln. They cannot currently do stacktesting because the cement kiln is not operating.05-2010-6746 DAWN FOOD PRODUCTS, INC. 07/27/2010 CAA 113D1 Action For Penalty





SummaryU.S. EPA Region 5 filed a Consent Agreement and Final Order(CAFO) under the Clean Air Act in the matter of Dawn Food Products, Inc. On April 2, 2009 , EPAissued a Notice of Violation (NOV) to Dawn Food Products, Inc. for violating the Illinois State Implementation Plan, by allegedly failing to obtain a construction andoperating permit. Pursuant to the CAFO, Dawn Food Products Inc. will pay a penalty of $102,235. Dawn has obtained a lifetime operating permit from the IllinoisEnvironmental Protection Agency.05-2010-6747 KRAFT FOODS INC. 07/12/2010 CAA 113D1 Action For PenaltyThe U.S. Environmental Protection Agency Region 5 filed a Consent Agreement and Final Order (CAFO) in the matter of Kraft Foods, Inc. (Kraft) for violations of itsoperating permit (Application No. 72110996): Specifically Kraft failed to comply with the hourly emission limit for volatile organic matter (VOM) in the operating permitfor its Cocoa Pebbles line and to maintain accurate supporting data and calculations to support its records of the monthly and aggregate annual VOM emissions fromthe Cocoa Pebbles line for at least three years. The facility has come into compliance by shutting down the Cocoa Pebbles line and moving it to a different facility,where the VOM emissions are routed to a thermal oxidizer. The agreement also required Kraft to pay a civil penalty of $102,900.05-2010-7000 HUTCHINSON COOP - ESA 08/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailure to file a 5-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-7001 HUTCHINSON COOP

(ARLINGTON) ESA08/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-7002 HUTCHINSON COOP (LESTER

PRAIRIE) ESA08/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to fail a 5-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-7003 AGRIUM ADVANCED

TECHNOLOGIES (REESE) ESA08/17/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failure to file a 5-year update to the facility's Risk Management Plan in a timely manner as required by CAA 112(r)(7).05-2010-7004 ROGERS ELEVATOR CO.

(MOUNT MORRIS) CAFO (SB)08/17/2010 CAA 113D1 Action For Penalty

Violations to CAA 112(r)(7) - Risk Management Plan.05-2010-9900 MERCURY WASTE SOLUTIONS

LLC10/19/2009 RCRA 3008A AO For Comp And/Or Penalty





SummaryOn October 19, 2009, Region 5 filed a combined Complaint / Consent Agreement and Final Order (CAFO), commencing and concluding an administrative penaltyaction against Mercury Waste Solutions, LLC (MWSI). Region 5 alleged that MWSI violated Section 3004 of the Resource Conservation and Recovery Act (RCRA)and Section 6 of the Toxic Substances Control Act (TSCA). The company located at 21211 Durand Avenue, Union Grove, Wisconsin, was cited for failing to maintainits facility in a manner that minimized the possibility of a fire, explosion, or any unplanned, sudden or nonsudden release of hazardous waste or hazardous wasteconstituents to air, soil, ground water or surface water that could threaten human health or the environment. The company has completed several projects to address the violations and minimize potential risk including installation of an airscrubber, a mercury monitoring systemand a supplied air breathing system for employees responding to any incidents. Mercury Waste Solutions has also upgraded its control system, sealed facility floorsand built a training room. The company was also cited for failing to mark a storage area used to store Polychlorinated Biphenyls (PCB) and PCB Items for disposal; failing to develop andmaintain an annual document log of the disposition of PCBs and PCB items; and failing to prepare an SPCC plan for storing PCB liquids in a temporary storage area. EPA calculated a RCRA penalty of $37,600 based on the potential for harm to human health and the environment posed by the violation, the extent of deviation fromthe regulation, as well as the other factors listed in EPA s RCRA Civil Penalty Policy. EPA calculated a TSCA penalty of $16,400 based upon the nature,circumstances, extent and gravity of the violations as well as other factors listed in the Polychlorinated Biphenyls (PCB) Penalty Policy. MWSI has agreed to pay the$54,000 penalty. 05-2010-9900 MERCURY WASTE SOLUTIONS






SummaryOn October 19, 2009, Region 5 filed a combined Complaint / Consent Agreement and Final Order (CAFO), commencing and concluding an administrative penaltyaction against Mercury Waste Solutions, LLC (MWSI). Region 5 alleged that MWSI violated Section 3004 of the Resource Conservation and Recovery Act (RCRA)and Section 6 of the Toxic Substances Control Act (TSCA). The company located at 21211 Durand Avenue, Union Grove, Wisconsin, was cited for failing to maintainits facility in a manner that minimized the possibility of a fire, explosion, or any unplanned, sudden or nonsudden release of hazardous waste or hazardous wasteconstituents to air, soil, ground water or surface water that could threaten human health or the environment. The company has completed several projects to address the violations and minimize potential risk including installation of an airscrubber, a mercury monitoring systemand a supplied air breathing system for employees responding to any incidents. Mercury Waste Solutions has also upgraded its control system, sealed facility floorsand built a training room. The company was also cited for failing to mark a storage area used to store Polychlorinated Biphenyls (PCB) and PCB Items for disposal; failing to develop andmaintain an annual document log of the disposition of PCBs and PCB items; and failing to prepare an SPCC plan for storing PCB liquids in a temporary storage area. EPA calculated a RCRA penalty of $37,600 based on the potential for harm to human health and the environment posed by the violation, the extent of deviation fromthe regulation, as well as the other factors listed in EPA s RCRA Civil Penalty Policy. EPA calculated a TSCA penalty of $16,400 based upon the nature,circumstances, extent and gravity of the violations as well as other factors listed in the Polychlorinated Biphenyls (PCB) Penalty Policy. MWSI has agreed to pay the$54,000 penalty. 05-2010-9901 BRIDGEVIEW AEROSOL, LLC 10/26/2009 RCRA 3008A AO For Comp And/Or PenaltyBridgeview Aerosol, LLC violated several permit exemption conditions including proper labeling of containers, weekly inspection and annual training requiremnts.05-2010-9902 DIAMOND HARD CHROME(SB) 10/26/2009 RCRA 3008A AO For Comp And/Or PenaltyOn October 26, 2009, EPA issued a Consent Agreement and Final Order (CAFO) under RCRA Section 3008(a) resolving claims for civil penalties for violations of theauthorized Ohio RCRA Financial Assurance requirements for treatment, storage and disposal facilities for Diamond Hard Chrome Co., Inc. (Diamond). The CAFOsimultaneously commences and concludes EPA s action for alleged failures to have a detailed written estimate of the cost of closing; establish financial assurance forclosure; have a detailed estimate of the annual cost of post-closure monitoring and maintenance; establish financial assurance for post-closure care; and demonstratefinancial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences. EPA originally calculated a penalty amount of$3,205,074, but lowered the penalty to $15,000, to be paid in 5 annual installments with interest, based on Diamond's limited ability to pay and the costs of post-closure care. The CAFO also requires Respondent to submit a revised post-closure plan to Ohio EPA, including a ground-water monitoring plan and a revised costestimate, that meets the applicable RCRA authorized requirements; and update its Financial Assurance to provide for the cost estimated in the approved plan. 05-2010-9903 G & S TITANIUM, INC. 11/12/2009 RCRA 3008A AO For Comp And/Or PenaltyInspection was conducted and the main violation that caused the nature of action was due to the facility storing hazardous waste in a tank without a permit or interimstatus.05-2010-9904 CLAIRE MANUFACTURING

COMPANY, INC .12/15/2009 RCRA 3008A AO For Comp And/Or Penalty





SummaryOn December 15, 2009, EPA filed a Consent Agreement and Final Order concerning Claire Manufacturing Company, Incorporated (Claire), alleging that Claireviolated Section 3005(a) of RCRA, 42 U.S.C. § 6925, at its facility in Addison, Illinois. The allegations included Claire's failure to meet the hazardous waste permitexemption by (1) failure to maintain aisle space and records documenting attempts to make arrangements with local authorities; (2) failure to include an evacuationplan in its contingency plan or update its contingency plan to reflect the change in emergency coordinators; (3) failure to provide training records at the time of theinspection; (4) failure to label or mark containers with the words, "Hazardous Waste" and failure to close containers of hazardous waste at the point of generation; (5)failure to obtain a certification for its hazardous waste storage tank system; and (6) failure to store hazardous waste for less than 90 days in violation of the permitexemption. Claire agreed to close its hazardous waste storage tank system and agreed to pay a penalty in the amount of $44,200.05-2010-9905 THIRD WAVE TECHNOLOGIES,

INC.12/15/2009 RCRA 3008A AO For Comp And/Or Penalty

Storage of hazardous waste for more than 180 days without a license or interim status.05-2010-9906 METAL IMPACT CORPORATION 03/10/2010 RCRA 3008A AO For Comp And/Or PenaltyThe CAFO alleges that Metal Impact is engaged in the storage of hazardous waste without a permit and is in violation of certain requirements of the EPA authoziedIllinois hazardous waste program and RCRA regulations.05-2010-9907 KARNAK MIDWEST LLC 03/16/2010 RCRA 3008A AO For Comp And/Or PenaltyKarnak Midwest LLC failure to meet the RCRA permit exemption requirements by having containers of hazardous waste that were open without workers presentadding or removing waste; by failing to label or mark containers of hazardous waste with the words, "Hazardous Waste"; by failing to properly manage containers ofhazardous waste at its satellite accumulation areas; by failing to maintain aisle space in its less-than 90-day hazardous waste storage area; and by failing to cleanspills of hazardous waste as soon as practicable.05-2010-9908 DRUG & LABORATORY

DISPOSAL (SB)03/16/2010 RCRA 3008A AO For Comp And/Or Penalty

On March 16, 2010, U.S. EPA filed a Consent Agreement and Final Order against Drug & Laboratory Disposal, Inc. ( DLD ), alleging that DLD violated Section 3005(a)of RCRA, 42 U.S.C. § 6925, at its facility in Plainwell, Michigan. The allegations included DLD s failure to comply with storage time limits and container labeling anddating conditions set forth in their Hazardous Waste Management Facility Operating License. Respondent also failed to comply with hazardous waste generatorcontainer labeling provisions RCRA. DLD certified compliance with applicable RCRA regulations and agreed to pay a penalty in the amount of $41,300.05-2010-9909 TECUMSEH PRODUCTS

COMPANY INC03/30/2010 RCRA 3008H AO For Corrective Action

TO BE ENTERED05-2010-9910 BASF CORPORATION 03/30/2010 RCRA 3008H AO For Corrective ActionTO BE ENTERED05-2010-9911 EMD CHEMICALS, INC 03/31/2010 RCRA 3008H AO For Corrective ActionTO BE ENTERED05-2010-9913 KOCH PIPELINE CO 06/09/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryRespondent self-disclosed several potential violations related to RCRA generator requirements. 05-2010-9914 TIMCO ENGINE CENTER, INC. 06/17/2010 RCRA 3008A AO For Comp And/Or PenaltyConducted inspection and violations were determined.IL-0001643 CCA W-2009-00139 10/26/2009 State Administrative Order of Consent

IL-0003140 CCA W-2009-00247 10/26/2009 State Administrative Order of Consent



IL-0020958. CCA W-2009-00365 02/11/2010 State Administrative Order of Consent







IL-0021784. CONSENT ORDER 2008-CH-570 12/09/2009 Civil Judicial Action

IL-0021849... CCA W-2009-00303 02/11/2010 State Administrative Order of Consent





Summary

IL-0021971 CONSENT ORDER 2009-CH-1037












IL-0028321.... CCA W-2010-00057 03/04/2010 State Administrative Order of Consent






SummaryIL-0029831 CCA W-2009-00336 12/22/2009 State Administrative Order of Consent




IL-0034495 BOARD ORDER-PCB-07-47 12/10/2009 State Administrative Order of Consent


IL-0034495.. CCA W-2009-00419 02/19/2010 State Administrative Order of Consent












SummaryIL-0070629 CCA W-2010-00073 03/30/2010 State Administrative Order of Consent


IL-0076465 CONSENT ORDER 2007-CV-02052





IL-0079235 CONSENT ORDER- 2010-CH-281


IL-G582022 CCA W-2009-00164 11/19/2009 State Administrative Order of Consent



IL-R003099 CONSENT ORDER - 2007-CH-2419


IL-R006436 BOARD ORDER PCB-09-40 11/13/2009 State Administrative Order of Consent

IL-R006548 CONSENT ORDER 2008-CH-34584






Summary

IL-R10F768 BOARD ORDER-09-30 12/10/2009 State Administrative Order of Consent

IL-R10H510 CONSENT ORDER - 2009-CH-575


IL-R10I476 BOARD ORDER-PCB--09-75 02/18/2010 State Administrative Order of Consent

IL-R10I885 CONSENT ORDER - 2008-CH-1158


IL-R400169 CCA W-2009-00379 03/08/2010 State Administrative Order of Consent


IL-R400198 CCA 02/18/2010 State Administrative Order of Consent





IL-R400615 CONSENT ORDER-2010-CH-169 03/19/2010 Civil Judicial Action






Summary

IL-U000291 BOARD ORDER-PCB-07-70 12/10/2009 State Administrative Order of Consent

IN-17637 IDEM AGREED ORDER - DANALIGHT AXLE IN0000388EFFECTIVE DATE 10/08/2009


Noncompliance - Dana failed their Whole Effluent Toxicity tests and toxicity was demonstrated during the September 23 - 28, 2007 toxicity testing. The Companyfailed to conduct a Toxicity Reduction Evaluation (TRE)as required by the NPDES permit Corrective Action - Begin TRE by 11/13/2009IN-17975 IDEM AGREED ORDER -

MADISON WWTP IN0025666EFFECTIVE DATE 11/13/2009


Noncompliance - Failure to maintain in good working order, efficiently operate all facilities, wet weather bypasses of secondary treatment, effluent sampling, Effluentviolations (copper, cadmium, zinc, CBOD, TSS & E Coli) Corrective Action - Submit Compliance Plan by 12/18/2009 for measures to comply with NPDES permit comditions IN-18273 IDEM AGREED ORDER -

WESTHAVEN MHP, IN0041726,EFFECTIVE 6/30/2010


Noncompliance Effluent violations and sludge release Corrective Action Implement Compliance Plan to construct wwtp improvements for disinfection and meet permit limits; clean up sludge at Outfall in river. IN-18539 IDEM AGREED ORDER -

COUNTRY ACRES FIRSTADDITION IN0055471EFFECTIVE DATE 10/20/2009


Noncompliance - for the period from January 1, 2008 through March 31, 2009, Respondent failed to comply with effluent limitations contained in the Permit (ammonia,CBOD TSS), failed to monitor and report results rewuired by the permit. Corrective action - within six months demonstrate compliance with permit requirements.





SummaryIN-18579 IDEM AGREED ORDER - TOWN

OF BATTLE GROUND -EFFECTIVE 5/25/2010


Noncompliance - Failed to maintain records for three years, failed to maintain facilities in good working order. Corrective Action Make records for last three years available, submit Compliance Plan; addressing solids from accumulating and maintain a wastewater qualityassurance control manual, followed by a performance demonstration. Upgrade overflow warning signals when appropriate to audible alarms. IN-18591 IDEM AGREED ORDER -

FARBEST FOODS IN0003808EFFECTIVE DATE 10/08/2009


Noncompliance - Failure to maintain in good working order, efficiently operate all facilities, effluent violations (ammonia, CBOD, E Coli, TSS & O&G during the period6/06 - 5/09) Corrective Action - Compliance plan submission, followed by implementation and performance demonstrationIN-18673 IDEM AGREED ORDER -

FRIENDLY ACRES MHP -EFFECTIVE 3/29/2010


Noncompliance - Failure to comply with effluent limitations contained in the NPDES permit Corrective Action - Compliance plan submission, followed by implementation and performance demonstrationIN-18675 IDEM AGREED ORDER -

SPEEDWAY SAND & GRAVEL,INC., ING490105, EFFECTIVE1/29/2010


Noncompliance - effluent limits violations, flow meter, certified operator, submit report required by the NPDES permit. Compliance - enlarge lagoon, install flow meter, certified operator on site, complete and submit MMR and DMRs.IN-18684 IDEM COMMISSIONER ORDER -

HILLVIEW ESTATESSUBDIVISION, IN0038938,EFFECTIVE 7/8/2010






SummaryOrder of the Commissioner (unilateral Order) Noncompliance Inadequate Operation and maintenance Corrective Action Correct specific deficiencies IN-18685 IDEM AGREED ORDER -

DAIRYMENS OBERLIN FARMSDAIRY - EFFECTIVE 2/05/2010


Noncompliance - Failed to pay 2009 permit fee, Failed to perform appropriate lagoon closure Corrective Action - Paid fees, now monitoring groundwater for molydbenum to determine lagoon closure needed vs remediation.IN-18686 IDEM AGREED ORDER -

CROMWELL WWTP IN0021814EFFECTIVE DATE 12/16/2009


Noncompliance - Failed to monitor pollutants required by the NPDES permit, effluent violations (ammonia, e coli& DO during the period 3/07 - 5/09), failing to provideadequate staff to sample & report, sanitary sewer overflows. Corrective action - Submit compliance plan, followed by implementation and performance demonstrationIN-18701 IDEM AGREED ORDER -

CREEKSIDE MHP IN0038431EFFECTIVE DATE 12/14/2009


Noncompliance - Failure to maintain in good working order, efficiently operate all facilities, IDEM inspector could not access site, no chlorination system, no records onsite, not monitoring pollutants as required by the NPDES permit, no certified operator. Corrective Action - Compliance plan submission, followed by implementation and performance demonstrationIN-18788 IDEM AGREED ORDER -

CRAWFORDSVILLE WWTPIN0032964 EFFECTIVE DATE01/20/2010


Noncompliance - Failure to maintain in good working order, efficiently operate all facilities, rain induced SSOs from three manholes during 6/08 - 7/09 Corrective Action - Compliance plan submission, followed by implementation and performance demonstration





SummaryIN-18814 IDEM AGREED ORDER -

EASTWAY COURTAPARTMENTS IN0051691 -EFFECTIVE 5/25/2010


Noncompliance - Failure to maintain in good working order, efficiently operate all facilities Failure to comply with effluent limitations contained in the NPDES permit Corrective Action - Compliance plan submission, followed by implementation and performance demonstration IN-18822 IDEM AGREED ORDER - TOWN

OF OXFORD PWS - IN0061476 -EFFECTIVE DATE 3/2/2010


Noncompliance failure to timely submit DMRs and MROs, failure to monitor permit requirements, failure to meet chlorine limits Corrective Action compliance plan submission, followed by implementation and performance demonstration IN-18823 IDEM AGREED ORDER - TOWN

OF OXFORD - IN0021342 -EFFECTIVE DATE 3/2/2010


Noncompliance failure to timely submit DMRs and MROs, failure to monitor permit requirements, failure to comply with schedule of compliance. Corrective Action compliance plan submission, followed by implementation and performance demonstration IN-18824 IDEM AGREED ORDER - TOWN

OF AVILLA - EFFECTIVE5/25/2010


Noncompliance overflow from manholes in collection system during wet weather; discharge from lagoon #4 Corrective Action Submit Compliance Plan






YELLOW CREEKCAMPGROUND - EFFECTIVE5/20/2010


Noncompliance - Failure to comply with effluent limitations contained in the NPDES permit Corrective Action - Compliance plan submission, followed by implementation and performance demonstration IN-18914 IDEM AGREED ORDER - MAPLE

GROVE MHP - EFFECTIVE5/06/2010


Noncompliance Wet weather washout of solids from wastewater treatment units; failed to timely submit discharge monitoring reports, and failed to comply witheffluent limitations of permit Corrective Action Submit Compliance Plan addressing the violations IN-18917 IDEM AGREED ORDER - TOWN

OF CLARKS HILL - IN0039853 -EFFECTIVE DATE 7/7/2010


Noncompliance failure to analyze samples using approved test procedures, failure to comply with quality control Corrective Action compliance plan submission, followed by implementation and performance demonstration IN-19035 &19092

IDEM AGREED ORDER - TOWNOF NASHVILLE, IN0023876,EFFECTIVE 7/7/2010


Noncompliance Operation and Maintenance Inadequate(Primary Clarifiers out of service for lengthy period of time); Corrective Action Respondent accomplished Construction permit Approval for scheduled WWTP upgrades to comply with NPDES permit effluent limits and also toconnect a neighboring unsewered residential area. IN-19062 IDEM AGREED ORDER - CITY

OF LEBANON - IN0020818 -EFFECTIVE DATE 3/2/2010






SummaryNoncompliance failure to meet schedule of compliance, failure to provide proper noncompliance notifications, failure to meet copper limits Corrective Action compliance plan submission, followed by implementation and performance demonstration IN-19110 IDEM AGREED ORDER - CAMP

IN-DI-CO-S0 IN0042617-EFFECTIVE 5/13/2010


Noncompliance - Failure to maintain in good working order, efficiently operate all facilities Failure to comply with effluent limitations contained in the NPDES permit Corrective Action - Compliance plan submission, followed by implementation and performance demonstration IN-19111 IDEM AGREED ORDER - TOWN

OF PATRIOT - EFFECTIVE5/26/2010


Noncompliance Failure to timely submit DMRs and Monthly Reports of Operation Failure to comply with the effluent limitations of the NPDES permit for E.Coli Corrective Action Submit Compliance Plan IN-19158 IDEM AGREED ORDER - CITY

OF KENDALLVILLE, IN0020656,EFFECTIVE 7/8/2010


Noncompliance Copper effluent violations Corrective Action Develop and implement a Compliance Plan






BAUGO COMMUNITY SCHOOLSIN0022845 - EFFECTIVE6/24/2010


Noncompliance Ammonia Nitrogen effluent violations; reporting violation of not completing raw influent sample data on the monthly report of operation Corrective Action submit Compliance Plan




Summary06-1993-0011 SEWERAGE AND WATER

BOARD OF NEW ORLEANS03/24/2010 Civil Judicial Action





SummaryON DECEMBER 23, 1992 EPA REGION 6 SUBMITTED A DIRECT REFERRAL PROPOSING CIVIL JUDICIAL ACTION TO THE DEPARTMENT OFJUSTICE PRESENTING EVIDENCE THAT THE SEWERAGE AND WATER BOARD OF NEW ORLEANS (THE BOARD) VIOLATED THE CLEANWATER ACT SECTIONS 301 AND 402, 33 U.S.C. 1311 AND 1342, BY FAILING TO COMPLY WITH CERTAIN PROVISIONS SET FORTH IN ANATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ISSUED BY REGION 6 AUTHORIZING DISCHARGES FROM THEBOARD'S EAST BANK SEWERAGE WASTEWATER TREATMENT PLANT (EAST BANK PLANT), A POTW (PUBLICLY OWNED TREATMENT WORKS)SERVICING NEW ORLEANS AND SURROUNDING AREAS. SPECIFICALLY, THE BOARD FAILED TO PROPERLY MAINTAIN AND OPERATE THEEQUIPMENT NECESSARY FOR COMPLIANCE THEREBY CAUSING THE VIOLATIONS OF CERTAIN EFFLUENT LIMITATIONS PROVIDED IN THENPDES PERMIT. ADDITIONALLY, ILLEGAL BYPASSES WERE RE- PORTED TO AND OBSERVED BY EPA AND THE STATE. THE BOARD,THEREFORE, IS SUBJECT TO CIVIL PENALTIES AND POTENTIALLY MAY BE SUBJECT TO INJUNCTIVE RELIEF PURSUANT TOSECTIONS 309B AND D OF THE ACT, 33 U.S.C. 1319(B) AND (D). * THE EAST BANK PLANT ISCURRENTLY OPERATING PURSUANT TO NPDES PERMIT NO. LA0038091 ISSUED BY REGION 6 TO THE BOARD ON JUNE 16, 1989, ANDEFFECTIVE ON JULY 17, 1989 (THE PERMIT). THE PERMIT ALLOWS THE BOARD TO DISCHARGE WASTEWATER FROM THE EAST BANK PLANTDIRECTLY INTO THE MISSISSIPPI RIVER IN ACCORDANCE WITH CERTAIN EFFLUENT LIMITATIONS FOR TOTAL SUSPENDED SOLIDS (TSS),BIOCHEMICAL OXYGEN DEMAND (BOD) AND FECAL COLIFORM BACTERIA (FC). * AT VARIOUS TIMES FROMSEPTEMBER 1990 TO JULY 1992, THE BOARD FAILED TO COMPLY WITH THE EFFLUENT LIMITATIONS OF THE PERMIT. SINCE SEPTEMBER 1990,THE BOARD CONTINUALLY EXCEEDED THE PERMIT EFFLUENT LIMITATIONS FOR TSS, AND OCCASIONALLY, THE BOARD FAILED TO MEET ORCOMPLY WITH THE EFFLUENT LIMITATIONS FOR BOD AND FC. REGION 6 BELIEVES THAT THE EXCEEDANCES OF THE LIMITS AROSEDIRECTLY FROM THE POOR OPERATION AND MAINTENANCE OF EQUIPMENT AT THE EAST BANK PLANT. MORE SPECIFICALLY, THEPROTRACTED PARTIAL AND TOTAL BREAKDOWN OF TWO MAIN SLUDGE DEWATERING AND INCINERATION SYSTEMS AT THE EAST BANKBLANT, THE MULTIPLE HEARTH FURNACE AND THE FLUIDIZED BED INCINERATOR, LEAD TO THE BOARD'S VIOLATIONS OF THEPERMIT. ADDITIONALLY, EPA HAS EVIDENCE OF ILLEGAL BY PASSES AND OTHER UNAUTHORIZED DISCHARGES. ** CONSEQUENTLY, REGION 6 ISSUED FIVE ADMINISTRATIVE ORDERS FINDING THE BOARD IN VIOLATION OFTHE PERMIT AND ORDERING THE BOARD TO TAKE THE ACTIONS NECESSARY TO ACHIEVE COMPLIANCE. THE MOST RECENT ORDERISSUED TO THE BOARD, PROVIDED THE BOARD A SCHEDULE FOR THE COMPLETE REPAIR AND RESTORATION OF PLANT EQUIPMENT BYDECEMBER 31, 1992. BECAUSE THE BOARD'S VIOLATIONS CONTINUED FOR ALMOST TWO YEARS, REGION 6 PROPOSES TO TAKE CIVILJUDICIAL ACTION TO RECOVER MONETARY PENALTIES FOR THE VIOLATIONS AND AN INJUNCTION SHOULD THE VIOLATIONS CONTINUE.06-1998-0326 ST. MARTINVILLE, CITY OF, A

LOUISIANA MUNICIPALITY11/02/2009 Civil Judicial Action





Summary1. SECTION 309 OF THE CLEAN WATER ACT ("CWA"), 33 U.S.C.SECTION 1319. 2.CITY OF ST. MARTINVILLE, A LOUISIANAMUNICIPALITY 120 NEW MARKET STREET ST. MARTINVILLE, ST. MARTIN PARISH, LOUISIANA 70582 3. THE RESPONDENT IS IN VIOLATION OF SECTION301 OF THE CWA BY 1) EXCEEDING THE PERMITTED EFFLUENT LIMITATIONS BY ALLOWING UNTREATED OR PARTIALLY TREATED WASTEWATER TOBE DISCHARGED INTO WATERS OF THE U.S., 2) FAILING TO PROPERLY OPERATE AND MAINTAIN ITS TREATMENT UNIT AND/OR COLLECTIONSYSTEMS WHICH RESULT IN EXCESSIVE I & I (INFLOW AND INFILTRATION) RESULTING IN THE HYDRAULIC OVERLOADING AND BY PASSING OF ATLEAST ONE TREATMENT UNIT AND DIS- CHARGING TO AN UNAUTHORIZED DISCHARGE LOCATION, 3) BYPASSING THE FINAL TREATMENT UNITDURING PERIODS OF HIGH FLOW AND BY FAILING TO REPORT THESE BYPASSES, 4) FAILING TO PROVIDE PH CALIBRATION DATA, FLOWMEASUREMENT DATA,AND SAMPLE CONCENTRATION DATA, 5) FAILING TO USE PROPER CALIBRATION PROCEDURES FOR THE PH METER, AND 6)FAILING TO PROVIDE A FLOW MEASUREMENT DEVICE. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA.06-1999-0246 HALTERMANN, LTD. 06/16/2010 CWA 309G2A AO For Class I Penalties1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'A POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION AND PREVENTION OF VIOLATION." 2. HALTERMANN, LTD. 16717 JACINOPORT BOULEVARDHOUSTON, HARRIS COUNTY, TEXAS 77015 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OFSECTION 301 OF THE CWA - FAILING TO HAVE A STAND-ALONE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) WITH BESTMANAGEMENT PRACITICES; VIOLATION OF SECTION 311 OF THE CWA - THE SPILL PREVENTION AND COUNTERMEASURES CONTINGENCY PLAN(SPCC) WAS NOT RECERTIFIED WITHIN THE REQUIRED 3-YEAR FRAME; AND A VIOLATION OF SECTION 15 OF TSCA - FAILED TO MAKE A ONE-TIME NOTIFICATION TO EPA FOR SEVERAL CHEMICALS FOUND ON THE TSCA SECTION 700 (PAIR) LIST. 4. RELIEFSOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY, DISCLOSURE, COR- RECTION ANDPREVENTION OF RECURRENCE OF THE VIOLATIONS, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFI- CATION FOR THE SELF-POLICING POLICY, AND WHETHER TO SEEK GRAVITY-BASED PENALTIES OR NOT. 5. OTHER TECHNICAL STAFF: DON SMITH SPCC/FRP. 06-1999-0246 HALTERMANN, LTD. 06/16/2010 CWA 311B6A1 AO For Class I Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'A POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION AND PREVENTION OF VIOLATION." 2. HALTERMANN, LTD. 16717 JACINOPORT BOULEVARDHOUSTON, HARRIS COUNTY, TEXAS 77015 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OFSECTION 301 OF THE CWA - FAILING TO HAVE A STAND-ALONE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) WITH BESTMANAGEMENT PRACITICES; VIOLATION OF SECTION 311 OF THE CWA - THE SPILL PREVENTION AND COUNTERMEASURES CONTINGENCY PLAN(SPCC) WAS NOT RECERTIFIED WITHIN THE REQUIRED 3-YEAR FRAME; AND A VIOLATION OF SECTION 15 OF TSCA - FAILED TO MAKE A ONE-TIME NOTIFICATION TO EPA FOR SEVERAL CHEMICALS FOUND ON THE TSCA SECTION 700 (PAIR) LIST. 4. RELIEFSOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY, DISCLOSURE, COR- RECTION ANDPREVENTION OF RECURRENCE OF THE VIOLATIONS, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFI- CATION FOR THE SELF-POLICING POLICY, AND WHETHER TO SEEK GRAVITY-BASED PENALTIES OR NOT. 5. OTHER TECHNICAL STAFF: DON SMITH SPCC/FRP. 06-1999-0246 HALTERMANN, LTD. 06/16/2010 TSCA 16 Action For Penalty





Summary1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'A POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION AND PREVENTION OF VIOLATION." 2. HALTERMANN, LTD. 16717 JACINOPORT BOULEVARDHOUSTON, HARRIS COUNTY, TEXAS 77015 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OFSECTION 301 OF THE CWA - FAILING TO HAVE A STAND-ALONE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) WITH BESTMANAGEMENT PRACITICES; VIOLATION OF SECTION 311 OF THE CWA - THE SPILL PREVENTION AND COUNTERMEASURES CONTINGENCY PLAN(SPCC) WAS NOT RECERTIFIED WITHIN THE REQUIRED 3-YEAR FRAME; AND A VIOLATION OF SECTION 15 OF TSCA - FAILED TO MAKE A ONE-TIME NOTIFICATION TO EPA FOR SEVERAL CHEMICALS FOUND ON THE TSCA SECTION 700 (PAIR) LIST. 4. RELIEFSOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY, DISCLOSURE, COR- RECTION ANDPREVENTION OF RECURRENCE OF THE VIOLATIONS, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFI- CATION FOR THE SELF-POLICING POLICY, AND WHETHER TO SEEK GRAVITY-BASED PENALTIES OR NOT. 5. OTHER TECHNICAL STAFF: DON SMITH SPCC/FRP. 06-1999-0249 AMERADA HESS

CORPORATION06/16/2010 CAA 113D1 Action For Penalty

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION AND PREVENTION OF VIOLATION." 2. AMERADA HESS CORPORATION 1828 POTH LANECORPUS CHRISTI, NUECES COUNTY, TEXAS 78407 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 301 OF THE CWA FOR FAILURE TO RE- PORT DISCHARGES IN VIOLATION OF THEIR PERMITTED EFFLUENT LIMITATIONS; VIOLATIONSOF SECTION 3004(D) OF RCRA FOR IMPROPER DISPOSAL OF HAZARDOUS WASTE ONSITE WITHOUT A PERMIT; AND VIOLATIONS OF SECTION110 OF THE CAA FOR AP- PLICATION OF A STANDARD EXEMPTION OF THE TEXAS SIP TO A FACILITY THAT SHOULD, INSTEAD, HAVE BEENPERMITTED. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY, DISCLOSURE,COR- RECTION AND PREVENTION OF VIOLATION, AND MAKE A DETERMIN- ATION ON IF THE RESPONDENT QUALIFIES FOR THE SELF-DISCLO-SURE POLICY AND WHETHER TO SEEK GRAVITY-BASED PENALTIES OR NOT. 5. TECHNICAL CONTACTS: CAA - BARRYFELDMAN RCRA - RALPH FRANK CWA - JOHN STACY 06-1999-0249 AMERADA HESS

CORPORATION06/16/2010 CWA 309G2A AO For Class I Penalties

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION AND PREVENTION OF VIOLATION." 2. AMERADA HESS CORPORATION 1828 POTH LANECORPUS CHRISTI, NUECES COUNTY, TEXAS 78407 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 301 OF THE CWA FOR FAILURE TO RE- PORT DISCHARGES IN VIOLATION OF THEIR PERMITTED EFFLUENT LIMITATIONS; VIOLATIONSOF SECTION 3004(D) OF RCRA FOR IMPROPER DISPOSAL OF HAZARDOUS WASTE ONSITE WITHOUT A PERMIT; AND VIOLATIONS OF SECTION110 OF THE CAA FOR AP- PLICATION OF A STANDARD EXEMPTION OF THE TEXAS SIP TO A FACILITY THAT SHOULD, INSTEAD, HAVE BEENPERMITTED. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY, DISCLOSURE,COR- RECTION AND PREVENTION OF VIOLATION, AND MAKE A DETERMIN- ATION ON IF THE RESPONDENT QUALIFIES FOR THE SELF-DISCLO-SURE POLICY AND WHETHER TO SEEK GRAVITY-BASED PENALTIES OR NOT. 5. TECHNICAL CONTACTS: CAA - BARRYFELDMAN RCRA - RALPH FRANK CWA - JOHN STACY





Summary06-1999-0249 AMERADA HESS


1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION AND PREVENTION OF VIOLATION." 2. AMERADA HESS CORPORATION 1828 POTH LANECORPUS CHRISTI, NUECES COUNTY, TEXAS 78407 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 301 OF THE CWA FOR FAILURE TO RE- PORT DISCHARGES IN VIOLATION OF THEIR PERMITTED EFFLUENT LIMITATIONS; VIOLATIONSOF SECTION 3004(D) OF RCRA FOR IMPROPER DISPOSAL OF HAZARDOUS WASTE ONSITE WITHOUT A PERMIT; AND VIOLATIONS OF SECTION110 OF THE CAA FOR AP- PLICATION OF A STANDARD EXEMPTION OF THE TEXAS SIP TO A FACILITY THAT SHOULD, INSTEAD, HAVE BEENPERMITTED. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY, DISCLOSURE,COR- RECTION AND PREVENTION OF VIOLATION, AND MAKE A DETERMIN- ATION ON IF THE RESPONDENT QUALIFIES FOR THE SELF-DISCLO-SURE POLICY AND WHETHER TO SEEK GRAVITY-BASED PENALTIES OR NOT. 5. TECHNICAL CONTACTS: CAA - BARRYFELDMAN RCRA - RALPH FRANK CWA - JOHN STACY 06-1999-0265 ICI ACRYLICS 06/16/2010 CAA 113D1 Action For Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION, AND PREVENTION OF VIOLATION." 2. ICI ACRYLICS 6350 NORTH TWIN CITY HIGHWAYNEDERLAND, JEFFERSON COUNTY, TEXAS 77627 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 3005 OF RCRA - FAILURE TO MEET THE EXEMPTION REQUIREMENTS FOR GENERATORS AT LESS THAN 90-DAY STORAGE AREAS,UNAUTHORIZED DISPOSAL OF HAZARDOUS WASTE, AND THEREFORE OPERATING A HAZARDOUS WASTE STORAGE AREA WITHOUT A PERMITOR INTERIM STATUS; VIOLATIONS OF SECTION 113 OF THE CAA - VIOLATIONS FOR LEAKS ASSOCIATED WITH PUMPS, ERRONEOUSCALCULATION OF ANNUAL LEAK RATES; AND A VIOLATION OF SECTION 312 OF EPCRA - FAILURE TO REPORT THE CORRECT EMISSION AMOUNTIN A TIER II REPORT. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY,DISCLOSURE, COR- RECTION AND PREVENTION OF VIOLATION, AND MAKE A DETERMIN- ATION ON IF THE RESPONDENT QUALIFIES FOR THESELF-DIS- CLOSURE POLICY AND WHETHER TO SEEK GRAVITY-BASED PENAL- TIES OR NOT. 06-1999-0265 ICI ACRYLICS 06/16/2010 EPCRA 325 Action For Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION, AND PREVENTION OF VIOLATION." 2. ICI ACRYLICS 6350 NORTH TWIN CITY HIGHWAYNEDERLAND, JEFFERSON COUNTY, TEXAS 77627 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 3005 OF RCRA - FAILURE TO MEET THE EXEMPTION REQUIREMENTS FOR GENERATORS AT LESS THAN 90-DAY STORAGE AREAS,UNAUTHORIZED DISPOSAL OF HAZARDOUS WASTE, AND THEREFORE OPERATING A HAZARDOUS WASTE STORAGE AREA WITHOUT A PERMITOR INTERIM STATUS; VIOLATIONS OF SECTION 113 OF THE CAA - VIOLATIONS FOR LEAKS ASSOCIATED WITH PUMPS, ERRONEOUSCALCULATION OF ANNUAL LEAK RATES; AND A VIOLATION OF SECTION 312 OF EPCRA - FAILURE TO REPORT THE CORRECT EMISSION AMOUNTIN A TIER II REPORT. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY,DISCLOSURE, COR- RECTION AND PREVENTION OF VIOLATION, AND MAKE A DETERMIN- ATION ON IF THE RESPONDENT QUALIFIES FOR THESELF-DIS- CLOSURE POLICY AND WHETHER TO SEEK GRAVITY-BASED PENAL- TIES OR NOT.





Summary06-1999-0265 ICI ACRYLICS 06/16/2010 RCRA 3008A AO For Comp And/Or Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE,CORRECTION, AND PREVENTION OF VIOLATION." 2. ICI ACRYLICS 6350 NORTH TWIN CITY HIGHWAYNEDERLAND, JEFFERSON COUNTY, TEXAS 77627 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 3005 OF RCRA - FAILURE TO MEET THE EXEMPTION REQUIREMENTS FOR GENERATORS AT LESS THAN 90-DAY STORAGE AREAS,UNAUTHORIZED DISPOSAL OF HAZARDOUS WASTE, AND THEREFORE OPERATING A HAZARDOUS WASTE STORAGE AREA WITHOUT A PERMITOR INTERIM STATUS; VIOLATIONS OF SECTION 113 OF THE CAA - VIOLATIONS FOR LEAKS ASSOCIATED WITH PUMPS, ERRONEOUSCALCULATION OF ANNUAL LEAK RATES; AND A VIOLATION OF SECTION 312 OF EPCRA - FAILURE TO REPORT THE CORRECT EMISSION AMOUNTIN A TIER II REPORT. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCOVERY,DISCLOSURE, COR- RECTION AND PREVENTION OF VIOLATION, AND MAKE A DETERMIN- ATION ON IF THE RESPONDENT QUALIFIES FOR THESELF-DIS- CLOSURE POLICY AND WHETHER TO SEEK GRAVITY-BASED PENAL- TIES OR NOT. 06-1999-0838 EAGLE-CORDELL CONCRETE

PRODUCTS, INC.06/16/2010 CWA 309G2A AO For Class I Penalties

1. VOLUNTARY DISCLSOURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION". 2. EAGLE-CORDELL CONCRETE PRODUCTS, INC. HIGHWAY 90AEAGLE LAKE, COLORADO COUNTY, TEXAS 77434 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 301 OF THE CWA. THE RESPONDENT FAILED TO COMPLY WITH THE STORM WATER SAMPLING AND RE- PORTING REQUIREMENTSOF ITS MULTI-SECTOR STORM WATER PER- MIT AND FAILED TO PREPARE AND IMPLEMEMNT A STORM WATER POLLUTION PREVENTION PLAN(SWPPP). 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE,CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THERESPONDENT'S QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2000-0061 KOCH HYDROCARBON

COMPANY, MEDFORDDIVISION

06/16/2010 CERCLA 109A AO For Class I Penalties

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION". 2. KOCH HYDROCARBON COMPANY, MEDFORD DIVISION HIGHWAY 81, 1.5 MILESSOUTH OF MEDFORD, GRANT COUNTY, OKLAHOMA 73759 3. RESPONDENT, UNDER THE SELF-POLICING POLICY,DISCLOSED POSSIBLE VIOLATIONS OF SECTION 312(A) OF EPCRA OR SECTION 109 OF CERCLA. RESPONDENT DISCOVERED 55 UNCONFIRMEDEVENTS WHEN EMISSIONS OF NITROGEN OXIDES MAY HAVE EXCEED- ED THE 10 POUND REPORTABLE QUANTITY WITHIN A 24-HOUR PERIOD.4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION ANDPREVENTION OF RECURRENCE OF VIOLATION AND MAKE A DETER- MINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT.





Summary06-2000-0061 KOCH HYDROCARBON

COMPANY, MEDFORDDIVISION


1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION". 2. KOCH HYDROCARBON COMPANY, MEDFORD DIVISION HIGHWAY 81, 1.5 MILESSOUTH OF MEDFORD, GRANT COUNTY, OKLAHOMA 73759 3. RESPONDENT, UNDER THE SELF-POLICING POLICY,DISCLOSED POSSIBLE VIOLATIONS OF SECTION 312(A) OF EPCRA OR SECTION 109 OF CERCLA. RESPONDENT DISCOVERED 55 UNCONFIRMEDEVENTS WHEN EMISSIONS OF NITROGEN OXIDES MAY HAVE EXCEED- ED THE 10 POUND REPORTABLE QUANTITY WITHIN A 24-HOUR PERIOD.4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION ANDPREVENTION OF RECURRENCE OF VIOLATION AND MAKE A DETER- MINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2000-0917 CROWN VANTAGE INC., D/B/A/

CROWN PAPER CO. ANDCROWN VANTAGE


1. CROWN VANTAGE INC., D/B/A/ CROWN PAPER CO. AND CROWN VAN- TAGE, DEBTOR, U.S. BANKRUPTCY COURT OF THE NORTHERN DIS- TRICTOF CALIFORNIA, OAKLAND, DIVISION CASE NO. 00-41584 N11 (CHAPTER 11). 2. CROWN VANTAGE INC. D/B/A/ CROWN PAPERCO. 2105 HIGHWAY 964 ST. FRANCISVILLE, WEST FELICIANA PARISH, LOUISIANA 70775 3. REGION 6 REFERREDTHIS REFERRAL TO DOJ REQUESTING THE ASSISTANCE OF DOJ TO FILE PROOF OF CLAIM AND TO RESPOND TO ALL MOTIONS ON ITS BEHALFIN THE ABOVE-REFERENCED BANKRUPTCY CASE. 4. OTHER TECHNICAL CONTACTS: MORT WAKELAND - EPCRA - X2281 06-2000-1125 TAMKO ROOFING PRODUCTS 06/16/2010 CAA 113 Notice Of Violation1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUIDANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE,CORRECTION AND PREVENTION OF VIOLATION". 2. TAMKO ROOFING PRODUCTS 7919 SOUTH Central EXPRESSWAY DALLAS, DALLAS COUNTY, TEXAS75216-4183. 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED POSSIBLE VIOLATIONS OF THE NEW SOURCE PERFORMANCESTANDARDS (NSPS) UNDER SECTION 111 OF THE CAA AS A RESULT OF CERTAIN CHANGES TO THE FACILITIES RESULTING IN AN INCREASE OFEMISSIONS AND/OR CONSTITUTES A "MODIFCATION", "NEW CONSTRUCTION", OR "RECONSTRUCTION". 4. RELIEF SOUGHT PURSUANT TOTHE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PASTCOMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPAWILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2001-0015 ASH GROVE CEMENT

COMPANY05/07/2010 CAA 113D1 Action For Penalty





Summary1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. ASH GROVE CEMENT COMPANY HIGHWAY 108 SOUTHFOREMAN, LITTLE RIVER COUNTY, ARKANSAS 71836 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED REPORTINGVIOLATIONS OF SECTION 112(R) OF THE CAA BY THE STORING OF A CHEMICAL, ALLY ALCOHOL, THAT MAY HAVE EX- CEED REPORTINGTHRESHOLD LEVEL. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'SDISCLOSURE, CORRECTION AND PREVENTION OF VIOLATION, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THERESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT. 06-2001-0017 FORT WORTH STAR

TELEGRAM06/16/2010 EPCRA 325 Action For Penalty

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. STAR-TELEGRAM 685 JOHN B. SIAS MEMORIAL PARKWAYFORT WORTH, TARRANT COUNTY, TEXAS 76134 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OFSECTION 311 AND 312 OF EPCRA BY: 1) FAILING TO PROVIDE A MATERIAL DATA SHEET (MSDS) FOR INKS; AND 2) FAILING TO INCLUDE INKS IN ITSANNUAL TIER II CHEMICAL INVENTORY REPORTING. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPAWILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATION, AND ITS PAST COMPLIANCE HISTORY, ANDMAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPA WII SEEK GRAVITY-BASEDPENALTIES OR NOT. 06-2001-0079 HENDERSON, CITY OF,

SOUTHSIDE TREATMENT PLAN05/05/2010 CAA 113D1 Action For Penalty

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION>' 2. CITY OF HENDERSON, SOUTHSIDE TREATMENT PLANT 3492 FM 225 SOUTHHENDERSON, RUSK COUNTY, TEXAS 75654 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A POSSIBLE VIOLATIONOF SECTION 112(R) OF THE CAA BY FAIL- ING TO SUBMIT A RISK MANAGEMENT PLAN (RMP) AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO THESELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATION, AND PASTCOMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPAWILL SEEK GRAVITY- BASED PENALTIES OR NOT. 06-2001-0091 KOCH MIDSTREAM SERVICES

COMPANY, WEST TEXAS DIV.06/16/2010 EPCRA 325 Action For Penalty





Summary1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- UANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATIONS". 2. KOCH MIDSTREAM SERVICES COMPANY, WEST TEXAS DIVISION COYANOSA, PECOSCOUNTY, TEXAS 79730 FACILITIES IN WARD, PECOS, CRANE, AND CROCKETT COUNTIES, TEXAS 3.RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF THE RELEASE REPORTING REQUIREMENTS OF SEC- TION 312OF THE EPCRA BY FAILURE TO REPORT SUSPECTED RE- LEASES OF POLLUTANTS FROM 40 FACILITIES IN WEST TEXAS. 4. RELIEF SOUGHTPURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OFRECURRENCE OF VIOLATIONS, AND PAST COMPLI- ANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPOND- ENT'S QUALIFICATIONTO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2001-0204 NATIONAL RAILROAD

PASSENGER CORPORATION(AMTRAK)


1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION". 2. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) FORT WORTH TEXASFACILITY 1501 JONES STREET FORT WORTH, TARRANT COUNTY, TEXAS 76100 3.RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OF SECTION 301 OF THE CWA BY FAILING TO PERFORM ANANNUAL FACILITY STORM WATER COMPLIANCE INSPECTION/ EVALUATION. 4. RELIEF SOUGHT PURSUANT TO THESELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE OF VIOLATIONAND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY ANDIF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2001-4102 TOSCO REFINING COMPANY 06/16/2010 CAA 113D1 Action For Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION". 2. TOSCO REFINING COMPANY HIGHWAY 23, P.O. BOX 176BELLE CHASSE, PLAQUEMINES PARISH, LOUISIANA 70037-0176 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONSOF SECTION 110 OF THE CAA BY EXCEEDING THE PSD SIGNIFICANCE LEVEL OF BENZENE. 4. RELIEF SOUGHT PURSUANT TO THESELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PASTCOMPLIANCE HISTORY, AND MAKE A DETERMINATION AS THE RESPONDENT'S QUALIFICA- TION TO THE SELF-POLICING POLICY AND IF EPAWILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2001-4105 CALPINE PRYOR, INC. 06/16/2010 CAA 113D1 Action For Penalty





Summary1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DOSCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION". 2. CALPINE PRYOR, INC. 3 MILES EAST ON 69APRYOR, MAYES COUNTY, OKLAHOMA 74362 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OFSECTION 502 OF THE CAA BY EXCEEDING THE PRO- DUCTION RATES OF SPECIFIC CONDITION 2 OF ITS OPERATING PERMIT.4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION ANDPREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATIONAS TO THE RESPONDENT'S QUALIFICA- TIONTO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2001-4107 TAMKO ROOFING PRODUCTS 06/16/2010 CAA 113D1 Action For Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION". 2. TAMKO ROOFING PRODUCTS .75 MILES EAST OF THE INTERSECTIONOF HIGHWAYS 67 & 77 (JOHNSON AVENUE) NAPLES, MORRIS COUNTY, TEXAS 75568 3. RESPONDENT,UNDER THE SELF-DISCLOSURE POLICY, DISCLOSED POSSIBLE VIOLATIONS OF THE NEW SOURCE PERFORMANCE STAND- ARDS (NSPS) UNDERSECTION 111 OF THE CAA AS A RESULT OF CERTAIN CHANGES TO THE FACILITIES RESULTING IN AN IN- CREASE OF EMISSIONS AND/ORCONSTITUTES A "MODIFICATION", "NEW CONSTRUCTION", OR "RECONSTRUCTION". 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PASTCOMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFI- CATIONS TO THE SELF-POLICING POLICY AND IFEPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2002-4127 KOCH HYDROCARBON

COMPANY, OPERATOR, MB-1NATURAL GAS FRACTIO

06/16/2010 CERCLA 109 Action For Penalty

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. KOCH HYDROCARBON COMPANY, OPERATOR, MB-1 NATURAL GASFRACTIONATING PLANT 10844 INTERSTATE 10 MONT BELVIEU, CHAMBERS COUNTY, TEXAS 77580 3.RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF THE REPORTING REQUIREMENTS OF SECTION 103 OFCERCLA BY FAILING TO PROVIDE NOTICATION OF THE RELEASE OF NO2 AND NO ABOVE THE RQ TO THE NRC AND EPA. 4. RELIEF SOUGHTPURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OFVIOLATION,AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICINGPOLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT. 06-2002-4128 D-K DIAMOND-KOCH, L.L.C.,

DIAMOND-KOCH, L.P., ANDDIAMOND-KO

06/16/2010 CERCLA 109 Action For Penalty





Summary1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. D-K DIAMOND-KOCH, L.L.C., DIAMOND-KOCH, L.P., AND DIA- MOND-KOCH, L.P.10844 I-10 MONT BELVIEU, CHAMBERS COUNTY, TEXAS 77580 3. RESPONDENT, UNDER THE SELF-POLICINGPOLICY, DISCLOSED VIOLATIONS OF THE REPORTING REQUIREMENTS OF SECTION 109 OF CERCLA BY FAILING TO PROVIDE NOTICEIMMEDIATELY AFTER A RELEASE OF OXIDES OF NITROGEN, ABOVE THE RQ, HAD OCCUR- RED. 4. RELIEF SOUGHTPURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OFVIOLATION, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICINGPOLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT. 06-2002-4136 NATIONAL RAILROAD



1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) NEW ORLEANSMAINTENANCE FACILITY 1001 LOYOLA AVENUE NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70113 3.RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF SECTION 110 OF THE CAA - FAILURE TO PREPARE ANDPERIODICALLY UPDATE A COMPREHENSIVE FACILITY AIR E- MISSIONS INVENTORY, AND FAILURE TO INCLUDE ALL INSIGNIFI- CANT ACTIVITIESWITH THE PERMIT APPLICATIONS; SECTION 311(J) OF THE CWA - INADEQUQTE OR INCOMPLETE SPCC PLAN, FAILURE TO TRAIN ALLPERSONNEL ON SPCC ISSUES, FAILURE TO TEST THE INTEGRITY OF TWO TANKS, AND FAILURE TO PERFORM QUARTERLY INSPECTIONS OF ALLTANKS, CONTAINMENT AND PIP- ING; AND SECTION 301 OF THE CWA - VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT, AND FAILING TOUSE BEST MANAGE- MENT PRACTICES AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILLREVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY AND MAKE ADETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIESOR NOT. 5. OTHER PROGRAM CONTACTS: KARA MCCOY - CAA THEA LOMAX - NPDESROBERTO BERNIER - SPCC 06-2002-4136 NATIONAL RAILROAD







Summary1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) NEW ORLEANSMAINTENANCE FACILITY 1001 LOYOLA AVENUE NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70113 3.RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF SECTION 110 OF THE CAA - FAILURE TO PREPARE ANDPERIODICALLY UPDATE A COMPREHENSIVE FACILITY AIR E- MISSIONS INVENTORY, AND FAILURE TO INCLUDE ALL INSIGNIFI- CANT ACTIVITIESWITH THE PERMIT APPLICATIONS; SECTION 311(J) OF THE CWA - INADEQUQTE OR INCOMPLETE SPCC PLAN, FAILURE TO TRAIN ALLPERSONNEL ON SPCC ISSUES, FAILURE TO TEST THE INTEGRITY OF TWO TANKS, AND FAILURE TO PERFORM QUARTERLY INSPECTIONS OF ALLTANKS, CONTAINMENT AND PIP- ING; AND SECTION 301 OF THE CWA - VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT, AND FAILING TOUSE BEST MANAGE- MENT PRACTICES AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILLREVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY AND MAKE ADETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIESOR NOT. 5. OTHER PROGRAM CONTACTS: KARA MCCOY - CAA THEA LOMAX - NPDESROBERTO BERNIER - SPCC 06-2002-4136 NATIONAL RAILROAD


06/16/2010 CWA 311B6B1 AO For Class I Penalty

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) NEW ORLEANSMAINTENANCE FACILITY 1001 LOYOLA AVENUE NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70113 3.RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF SECTION 110 OF THE CAA - FAILURE TO PREPARE ANDPERIODICALLY UPDATE A COMPREHENSIVE FACILITY AIR E- MISSIONS INVENTORY, AND FAILURE TO INCLUDE ALL INSIGNIFI- CANT ACTIVITIESWITH THE PERMIT APPLICATIONS; SECTION 311(J) OF THE CWA - INADEQUQTE OR INCOMPLETE SPCC PLAN, FAILURE TO TRAIN ALLPERSONNEL ON SPCC ISSUES, FAILURE TO TEST THE INTEGRITY OF TWO TANKS, AND FAILURE TO PERFORM QUARTERLY INSPECTIONS OF ALLTANKS, CONTAINMENT AND PIP- ING; AND SECTION 301 OF THE CWA - VIOLATING THE TERMS AND CONDITIONS OF ITS PERMIT, AND FAILING TOUSE BEST MANAGE- MENT PRACTICES AT THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILLREVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY AND MAKE ADETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIESOR NOT. 5. OTHER PROGRAM CONTACTS: KARA MCCOY - CAA THEA LOMAX - NPDESROBERTO BERNIER - SPCC 06-2002-4137 WILLAMETTE INDUSTRIES,






Summary1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. WILLAMETTE INDUSTRIES, INC. 1. 1485 SILLMAN ROADAUSTIN, TRAVIS COUNTY, TEXAS 77474 2. 1200 W. NORTH CARRIER PARKWAY GRAND PRAIRIE, DALLAS COUNTY,TEXAS 75050 3. RESPONDENT, UNDER THE SELF-POICING POLICY, DISCLOSED VIO- LATIONS OF THE NSPS REGULATION UNDER SECTION111 OF THE CAA BY FAILING TO PROVIDE NOTIFICATION OF THE INITIAL STARTUP OF BOILERS AT THE SEALY AND DALLAS-FORT WORTHFACILITIES. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'SDISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THERESPONDENT'S QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2002-4140 EQUILON PIPELINE COMPANY

LLC EAST HOUSTON STATION06/16/2010 CAA 113D1 Action For Penalty

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION. 2. EQUILON PIPELINE COMPANY LLC EAST HOUSTON STATION 7901 WALLISVILLE ROADHOUSTON, HARRIS COUNTY, TEXAS 77029 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OF THENEW SOURCE PERFORMANCE STANDARDS OF SECTION 111 OF THE CAA. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PASTCOMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPAWILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2002-4151 KOCH HYDROCARBON, L.P. 06/16/2010 RCRA 3008A AO For Comp And/Or Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. KOCH HYDROCARBON, L.P. HIGHWAY 81, 1.5 MILES SOUTHMEDFORD, GRANT COUNTY, OKLAHOMA 73759 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OFSECTION 3002 OF RCRA BY UNAUTHORIZED DIS- POSAL OF A 55-GALLON DRUM OF HAZARDOUS SUBSTANCES. 4. RELIEF SOUGHT PURSUANTTO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, ANDPAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALFICA- TION TO THE SELF-POLICING POLICY AND IFEPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2002-4152 CONTOUR ENERGY CO. - GULF

OF MEXICO06/16/2010 CWA 309G2A AO For Class I Penalties

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. CONTOUR ENERGY CO. - GULF OF MEXICO 1001 MCKINNEY, SUITE 900HOUSTON, HARRIS COUNTY, TEXAS 77002 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OFSECTION 301 OF THE CWA BY EACH RESPONDENT CONDUCTED THE RELEVANT ACTIVITIES AND OPERATED THE FA- CILITY WITHOUT NPDESPERMIT COVERAGE. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'SDISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THERESPONDENT'S QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT.





Summary06-2002-4156 KOCH NITROGEN COMPANY 06/16/2010 CAA 113D1 Action For Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. KOCH NITROGEN COMPANY 6310 HORSESHOE LAKE ROADSTERLINGTON, OAUCHITA PARISH, LOUISIANA 71280 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OFSECTION 110 OF THE CAA BY CONDUCTING THE RE- CYCLE WHEEL UPGRADE PROJECT IN VIOLATION OF THE NEW SOURCE REVIEWPROVISIONS. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'SDISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THERESPONDENT'S QUALIFI- CATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY-BASED PENALTIES OR NOT. 06-2002-4158 LAUREL INDUSTRIES, INC. 06/16/2010 EPCRA 325 Action For Penalty1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, "INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE,CORRECTION AND PREVENTION OF VIOLATION." 2. LAUREL INDUSTRIES, INC. 780 S. 16TH STREETLA PORTE, HARRIS COUNTY, TEXAS 77571 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED REPORTINGVIOLATIONS OF SECTION 311 OF EPCRA BY FAILING TO PROVIDE APPROPRIATE NOTIFICATIONS ABOUT POSSIBLE LEAD LEVELS IN ANTIMONYOXIDE PRODUCTS. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'SDISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND PAST COMPLIANCE HISTORY AND MAKE A DETERMINATION AS TO THERESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT. 06-2004-2321 AZTEC, CITY OF (NM0028762) 12/28/2009 CWA 309G2B AO For Class II PenaltiesRespondent is operating a drinking water plant with a filter backwash water discharge to the Animas River without the required CWA NPDES discharge permit.06-2004-3407 LAFARGE NORTH AMERICA,


Facility Violates and continues to violate sections 502(a),503 and 504(a) of the Act, 42 U.S.C 761a(a), 7661b and 7661c(a) and the relatd federal operating permitprogram regulations at 40 CFR part 70 and the applicable state TV regulations.06-2005-1921 SAN BENITO, CITY OF

(TX0047601)06/16/2010 CWA 309G2B AO For Class II Penalties

The Respondent is a municipality that operates a wastewater treatment plant that had 98 effluent limit violations of their NPDES permit over 34 months, and failed tomet schedule and new plant design paperwork reporting and effluent violation reporting requirements in Administrative Order Docket No. CWA-06-2002-1206.06-2005-3416 SAINT-GOBAIN CONTAINERS,


Facilities made major modications to plants without first obtaining a Prevention of Signigicant Deterioration permit. Case Lodged in Seattle Washington. Facility per theCD can pay the penalty in two installments, one istallment of $115,147.77 has been rec'd.06-2006-0915 RINECO CHEMICAL 08/17/2010 Civil Judicial ActionEPA conducted an inspection on March 22, and June 28, 2005.





Summary06-2006-3401 BASF CORPORATION (CAA-

CFC) (NATIONAL CASE) (LEAD)03/03/2010 Civil Judicial Action

Failure to repair leaks in a timely manner; failure to keep records as required; failure to notify EPA of a failed follow-up verification test.06-2006-3403 ALERIS INTERNATIONAL, INC


Civil referral brought against Aleris International, Sapulpa, OK as part of an enforcement action involving fourteen Aleris facilities in the U.S. for violations of the CleanAir Act (National Emissions Standards for Hazardous Air Pollutants).06-2006-3408 MOSAIC FERTILIZER, UNCLE

SAM LA12/24/2009 Civil Judicial Action

Investigation of violations of NSR/PSD and NSPS standards for sulfuric acid plants. BCP entered 2/19/09 for BCP Fiscal Yr 2010.06-2006-3410 FORMOSA PLASTICS 02/03/2010 Civil Judicial ActionMulti-media case. Failing to manage and identify hazardous wastes. Penalty pd in two installments, $1,400,000.00, and $1,401,446.6706-2007-2817 DOUGHTY'S TREATING PLANT 01/28/2010 Civil Judicial ActionLetter Referral Cost Recovery Action for EPA Removal Action STATUTE OF LIMITATIONS 06-2008-2878 MACDONA UNION PACIFIC

TRAIN04/02/2010 Civil Judicial Action

Rferral of Action to Recover Response Costs Pursuant to Section 107(a)06-2008-6105 CENTRUY 21 SUCCESS REAL

ESTATE10/14/2009 TSCA 16 Action For Penalty

Complaint with Notice of Opportunity for Hearing. 06-2008-6106 RE/MAX SIGNATURE REAL

ESTATE12/03/2009 TSCA 16 Action For Penalty

Complaint and Notice of Opportunity for Hearing. 06-2009-0951 SEQUOYAH FUELS 12/28/2009 RCRA 3013A AO For Testing & ReportingThis order terminates Administrative Order on Consent from August 3, 1993. 06-2009-0952 GEORGIA GULF CHEMICAL

AND VINYLS, LLC11/09/2009 RCRA 3013A AO For Testing & Reporting





SummaryRCRA Section 301306-2009-1108 HESLET 10/16/2009 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)VIOLATIONS: OSAGE UNDERGROUND INJECTION CONTROL (UIC) REGULATIONS REQUIRE OPERATORS OF INJECTION WELLS TO OBTAIN A UICPERMIT FROM THE ENVIRONMENTAL PROTECTION AGENCY BEFORE CONVERTING A WELL TO INJECTION OR USING THE WELL FOR FLUIDINJECTION. RESPONDENT IN THIS CASE OPERATED AN INJECTION WELL WITHOUT FIRST OBTAINING A UIC PERMIT FROM THE EPA. REMEDY: RESPONDENT MUST SHUT-IN THE WELL INCLUDED ON THE COMPLAINT AND PAY A MONETARY PENALTY. PENALTY: $25,000 06-2009-1113 PETRO GENERAL 07/15/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)VIOLATIONS: OSAGE UNDERGROUND INJECTION CONTROL (UIC) REGULATIONS REQUIRE OPERATORS OF INJECTION WELLS TO OBTAIN A UICPERMIT FROM THE ENVIRONMENTAL PROTECTION AGENCY BEFORE CONVERTING A WELL TO INJECTION OR USING THE WELL FOR FLUIDINJECTION. RESPONDENT IN THIS CASE OPERATED AN INJECTION WELL WITHOUT FIRST OBTAINING A UIC PERMIT FROM THE EPA. REMEDY: RESPONDENT MUST SHUT-IN AND EITHER PLUG OR APPLY FOR A UIC PERMIT FOR THE WELL INCLUDED ON THE COMPLAINT AND PAY AMONETARY PENALTY. PENALTY: $7,500 06-2009-1114 CHAPARRAL ENERGY, LLC 01/22/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)VIOLATIONS: OSAGE UNDERGROUND INJECTION CONTROL (UIC) REGULATIONS REQUIRE OPERATORS OF INJECTION WELLS TO OBTAIN A UICPERMIT FROM THE ENVIRONMENTAL PROTECTION AGENCY BEFORE CONVERTING A WELL TO INJECTION OR USING THE WELL FOR FLUIDINJECTION. RESPONDENT OPERATED AN INJECTION WELL WITHOUT A PERMIT FROM THE EPA. REMEDY: RESPONDENT SUBSEQUENTLY RECEIVED A UIC PERMIT AND AUTHORIZATION TO INJECT FROM THE EPA. THEREFORE, THEENFORCEMENT ACTION IS TO ASSESS A PENALTY ONLY. PENALTY: $2,000 06-2009-1115 TALLGRASS PETROLEUM 03/04/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)





SummaryVIOLATIONS: ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS REQUIRE THE OWNER OR OPERATOR OF AN INJECTION WELL TOMONITOR INJECTION PRESSURE AND VOLUME AT LEAST MONTHLY AND TO REPORT MONITORING RESULTS TO THE EPA ANNUALLY. RESPONDENTVIOLATED OSAGE UNDERGROUND INJECTION CONTROL REGULATIONS BY FAILING TO SUBMIT A REQUIRED ANNUAL OPERATION REPORT FOR TENINJECTION WELLS FOR THE PERIOD JANUARY THROUGH DECEMBER 2008. REMEDY: SUBMIT OVERDUE ANNUAL OPERATIONS REPORTS FOR TEN WELLS WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THE ORDER ANDPAY A PENALTY. PENALTY: $4000 06-2009-1705 FIRST TEXAS HOMES

(TXR15JF10)12/17/2009 CWA 309G2A AO For Class I Penalties

Violation: Penalty Order issued for violations of the TPDES Constuction Requirements. 06-2009-1739 GRAND HOMES, INC. 10/19/2009 CWA 309G2A AO For Class I PenaltiesClass I Super CAFO issued for violations of the TCEQ SWCGP. Respondent failed to re-apply for permit coverage in a timely manner; failed to properly design,implement, and maintain the best management practices ot prevent-off-site transportation of sediment and other pollutants; and failed to have a fully designed andimplemented sorm water pollution prevent plan onsite. 06-2009-1792 DYAD CONSTRUCTION, L.P. 12/17/2009 CWA 309G2A AO For Class I PenaltiesViolation: Unauthorized discharge of pollutants to water of the U.S. without permit authorization.06-2009-1799 LA QUINTA INN & SUITES / DIVI

LLC (LAU000252)01/13/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramRick Patel (LAU000252): A storm water compliance inspection was conducted May 21, 2008, by EPA at the commercial construction site for La Quinta Inn inBroussard, LA. It was determined that the owner (operator) had not applied for permit coverage under the LPDES Construction General Permit for Small ConstructionActivities not had developed a Storm Water Pollution Prevention Plan. An administrative order was issued 9/9/2008 to addressed the violation. An ExpeditedSettlement Offer was extended because of the size of the site. 06-2009-1801 LEASEHOLD MANAGEMENT

CORPORATION11/04/2009 CWA 309G2A AO For Class I Penalties

Penalty06-2009-1815 SEEL - MAC OIL & GAS LLC 11/03/2009 CWA 309G2A AO For Class I PenaltiesViolation: The Responden's oil field production facility was a point source discharge of a pollutant to a waters of the US. The facility was inspected by the EPA on April8, 2008. During the inspection the EPA observed where the facility had discharged oil field brine to a tributary of Deer Creek. Relief: An Administrative Complaint is being issued to the Respondent.





Summary06-2009-1816 PLAZA RIO LLC 02/25/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramDraft ESO to Plaza Rio LLC for violations of the SWCGP in NM issued on 6/26/09.06-2009-1873 LOCKWOOD CONSTRUCTION

COMPANY11/17/2009 CWA 309G2A AO For Class I Penalties

Super CAFO issued to the facility for storm water (SWCGP) violations. 06-2009-2721 MEADOW LAKE HOLDINGS,

LLC02/23/2010 CWA 309G2A AO For Class I Penalties

Penalty to address 3 acres of wetlands filled prior to receiving permit from Corps of Engineers.06-2009-2748 PERRYVILLE GAS STORAGE 12/03/2009 CWA 309G2A AO For Class I PenaltiesThis complaint is part of a "SuperCAFO" action to resolve this matter, which involved construction of a slt water well in wetlands without the required permit.06-2009-2752 DESOTO HOLDINGS 01/15/2010 CWA 309G2A AO For Class I PenaltiesSuperCAFO for resolution of unauthorized filling of 5.2 acres of wetlands 06-2009-2903 XTO ENERGY, INC. - COTTON

VALLEY PLANT10/01/2009 CERCLA 109 Action For Penalty

A facility on XTO located in Cotton Valley, LA failed to report to the National Response Center a release over the reportable quantity in a timely manner. 06-2009-3312 JOHNSON COUNTY PIPE 02/03/2010 CAA 113 Notice Of ViolationFacility Did not meet all 9 conditions pursuant to the Self Disclosure Policy.06-2009-3313 FLINT HILLS RESOURCES, LP 10/01/2009 CAA 113D1 Action For PenaltyCAFO issued as a result of May 19, 2009 release. Areas addressed Prevention of Accidental Release/Risak Management Plan 06-2009-3316 CHEVRON PHILLIPS CHEMICAL

COMPANY LP03/24/2010 CAA 113D1 Action For Penalty

at the time of Inspection June 20, 2007 the facility failed to include Chlorine in the RMP as a regulated substance present in the 1092 Utilities Unit as required by 40C.F.R. 68.160(a) and (b)(7) and 8.175(a).06-2009-3374 SERVICE SUPPLY OF

VICTORIA, INC.01/06/2010 CAA 113D1 Action For Penalty

Complaint and Notice of Opportunity for Hearing. Linked 114 Ltr issued to Enf. action.06-2009-3375 SERVICE SUPPLY OF

VICTORIA, INC.01/06/2010 CAA 113D1 Action For Penalty

Complaint and Notice of Opportunity for Hearing. Entered by RCRA





Summary06-2009-3381 TATE AND LYLE INGREDIENTS

AMERCIAS INC12/17/2009 CAA 113D1 Action For Penalty

Failure to submit RMP plan, respondent had more than the threshold quantity of 10,000 pounds for the regulated substance Propylene oxide. 06-2009-3406 HOUSTON REFINING L.P.

(HRO)04/23/2010 Bankruptcy

Based on inspections conducted in 2007 enf under review. Environmental Justice Information Provided.06-2009-3580 NEW ROADS CITY OF



Failed to comply with the regulations of the Risk Management Plan.06-2009-3597 MANY TOWN OF WATER


Failed to comply with the regulations of the Risk Management Plan.06-2009-3598 LAROSE GAS PROCESSING

PLANT10/01/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2009-3611 LUBBOCK CITY OF WATER


Failed to comply with the regulations of the Risk Management Plan.06-2009-3623 SYSCO FOOD SERVICE OF

ARKANSAS11/16/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the Risk Management Plan.06-2009-3624 OAK FARMS DAIRY 10/09/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2009-3628 KEMIN INDUSTRIES, INC. 12/22/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2009-3629 LDH ENERGY MT. BELVIEU

NORTH TERMINAL10/07/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.





Summary06-2009-3630 KINDER MORGAN TEJAS

PIPELINE01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2009-3631 LOWER NECHES VALLEY

AUTHORITY11/16/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2009-3632 FORT WORTH CITY OF

ROLLING HILLS WATERTREATMENT PLANT


Failed to comply with the regulations of the Risk Management Plan.06-2009-3634 BENTON/WASHINGTON

REGIONAL PUBLIC WATERAUTHORITY WTP


Failed to comply with the regulations of the Risk Management Plan.06-2009-4526 E R G RESOURCES, LLC 10/15/2009 CWA 311B6B1 AO For Class I PenaltyRespondent's May4. 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Bessie Heights Marsh; thence Bessie HeightsCanal and adjoining shorelines and therefore, was in a quantity that has been determined may be harmful.06-2009-4528 PERFORMANCE PETROLEUM 10/27/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's April 13, 2009, discharge of oil from its facility caused a sheen uponor discoloration of the surface of the an unnamed tributary of Little Rock Creek;thence Little Rock Creek and adjoini ng shorelines and therefore, was in a quantity that has been determined may be harmful.06-2009-4529 XTO ENERGY 10/08/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's May 6, 2009 discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Post Oak Creek and adjoing shorelines andtherefore, was in a quantity that has been determined may be harmful.06-2009-4530 DCP MIDSTREAM 10/15/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's June 6, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Canadian River and adjoining shorelines andtherefore, was in a quantity that has been determined may be harmful.06-2009-4531 PERFORMANCE PETROLEUM 10/27/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)





SummaryRespondent's April 18, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the un unnamed tributary of Lake Waxhoma;thence Lake Waxhoma and adjoining shorelines and therefore, was in a quantity that has been determined harmful.06-2009-4810 CHAPARRAL ENERGY 10/08/2009 CWA 311B6B1 AO For Class I PenaltyRespondent's March 29, 2009, discharge of oil from its facility into or upon Hays Creek caused a sheen upon or discoloration of the surface of the and adjoiningshorelines and therefore, was in a quantity that has been determined may be harmful.06-2009-4811 HUNT OIL COMPANY 10/08/2009 CWA 311B6B1 AO For Class I PenaltyFailure to develop/implement a/their Spill Prevention Control and Countermeasure Plan.06-2009-4883 MAGELLAN PIPELINE

COMPANY (MIDSTREAMPARTNERS)


Actual Facility Location: NW 1/4 of Section 28, T23N, R15E06-2009-5322 STEVENS TRANSPORT (UST) 01/19/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramExpedited Enforcement Compliance Order and Settlement Agreement issued on January 19, 2010.06-2009-5502 NORTHEASTERN REGIONAL

HOSPITAL - FORMER (UST)03/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Expedited Enforcement Compliance Order and Settlement Agreement issued on March 16, 2010.06-2009-6111 BUREAU OF INDIAN AFFAIRS 10/14/2009 TSCA 207 AO For Asbestos/Schools (LEA)Consent Agreement and Final Order06-2009-6117 ERVAY RESIDENTIAL LIMITED 06/25/2010 TSCA 16 Action For PenaltyNotice of Determination issued. Facility failed to meet all 9 conditions of the Audit Policy.06-2010-0300 AXSS USA, LLC 10/15/2009 FIFRA 13A AO For Stop Sale,Use,Or RemovalAxss USA, LLC is in violation of FIFRA because the labels on the shipment sustantially differ from the 3/27/08 accepted label as part of the statement required inconnection with its registration under Section 3 of FIFRA, 7 U.S.C. 136a. Penalty paid for violations 11/2/2009. Case closed.06-2010-0301 AXSS USA, LLC 12/03/2009 FIFRA 14A Action For PenaltyAxss is in violation of FIFRA Section 12(a)(1)(b). There was distribution or sell of pesticide which was substantially different from those accepted in connection withregistration. Penalty amount paid 11/2/2009. Case closed.





Summary06-2010-0302 CONTROL SOLUTIONS, INC. 01/05/2010 FIFRA 14A Action For PenaltyControl Solutions, Inc. is in violation of FIFRA Section 12(a)(1)(E). There was distribution or sale of the misbranded pesticide product substantially different from thoseaccepted in connection with regulations. Penalty amount paid 02/02/2010. Case closed.06-2010-0303 VOLUNTARY PURCHASING

GROUPS, INC.04/08/2010 FIFRA 14A Action For Penalty

Voluntary Purchasing Groups, Inc. is in violation of FIFRA because of distribution or sale of a registered pesticide whose composition differs from its registrationstatement as required in FIFRA Section 12(a)(1)(C).06-2010-0305 DALMEX, LTD. 06/24/2010 FIFRA 14A Action For PenaltyDalMex, Ltd is in violation of FIFRA because it is unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated ormisbranded. The Respondent's sale and distribuation of the misbranded pesticide products, identified in paragraphs 20-30, constituted an unlawful act in violation ofSection 12(a)(l)(E) of FIFRA.06-2010-0308 WINSTON COMPANY 05/04/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalWinston Company is in violation of Section 12(a)(2)(N) of FIFRA which requires Notice of Arrival(NOA)to be filled out. Winston Company imported pesticide, Algae-OffTech 85 without a NOA filled out. 06-2010-0309 WINSTON COMPANY 05/04/2010 FIFRA 14A Action For PenaltyWinston Company was in violation of FIFRA Section 12(a)(2)(n). NOA Form was not filled out for Algae-Off 85 that was imported. 06-2010-0310 SCHERING PLOUGH ANIMAL

HEALTH05/06/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

Schering Plough Animal Health is in violation of FIFRA Section 12(a)(1)(E), 7 U.S.C.& 136j(a)(1)(A) which states it is unlawful for any person to sell or distributepesticide or device that is misbranded. On 4/13/2010,Schering Plough Animal Health submitted a Notice of Arrival(NOA)to EPA Region 6 for the unregisteredpesticide, Deltamethrin. On 4/26/2010 For Cause inspection done by LDAF revealed this product, Deltamethrin, was being imported to be re-formulated into theunregistered product, Sputop, and exported to Belgium and did not meet the export labeling requirements as set forth in 40 C.F.R. 168.65.06-2010-0312 VALENT BIOSCIENCES

CORPORATION06/24/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

Valent BioSciences Corporation is in violation of FIFRA Section 12(a)(1)(E), 7 U.S.C. and 136j(a)(1)(E). Facility product label bears two establishment numbers on thelabel (000264-IND-002 and 073049-BEL-001) without indicating which estabishment was the final establishment as required by FIFRA.06-2010-0313 VALENT BIOSCIENCES


Valent BioSciences Corporation is in violation of FIFRA Section 12(a)(1)(E). Respondent's distribution or sale of the misbranded pesticide product, Pramex BTechnical constituted an unlawful act in violation FIFRA Section 12(a)(1)(E).





Summary06-2010-0500 BERRYMAN PRODUCTS 01/05/2010 EPCRA 325 Action For PenaltyCAFO issued 01/05/2010.06-2010-0501 NOV TUBOSCOPE HOLMES

ROAD11/23/2009 EPCRA 325 Action For Penalty

COMBO issued 11/23/2009. Late Reporting under EPCRA 313.06-2010-0502 NOV TUBOSCOPE NAVASOTA 11/23/2009 EPCRA 325 Action For PenaltyCOMBO issued on 11/23/2009. Data Quality errors under EPCRA 313.06-2010-0503 TIN INC. DBA TEMPLE-INLAND

(DIBOLL BUILDING PRODUCTSCOMPLEX)


COMBO issued 01/25/2010.06-2010-0504 ADVANCE FOOD COMPANY 03/11/2010 EPCRA 325 Action For PenaltyCAFO/COMBO issued 3/11/201006-2010-0505 GCC RIO GRANDE INC. 04/09/2010 EPCRA 325 Action For PenaltyCAFO issued on 04/09/2010.06-2010-0507 CRYOVAC IOWA PARK

FACILITY06/03/2010 EPCRA 325 Action For Penalty

Combo issued 6/3/1006-2010-0508 EXIDE TECHNOLOGIES 07/01/2010 EPCRA 325 Action For PenaltyCOMBO ISSUED 07/01/201006-2010-0510 JOHNSON COUNTY PIPE 07/06/2010 EPCRA 325 Action For PenaltyCAFO issued 07/06/2010. 06-2010-0511 FRYMASTER 07/21/2010 EPCRA 325 Action For PenaltyCOMBO issued 07/21/2010.06-2010-0512 DUCO, INC. 06/30/2010 EPCRA 325 Action For PenaltyDUCO, INC. WAS ISSUED CAFO/COMBO 6/30/201006-2010-0513 WEBCO INDUSTRIES, INC.

MANNFORD SPECIALTY TUBEDIV






SummaryCAFO/COMBO issued 08/12/201006-2010-0600 HACKNEY LADISH, INC. 10/08/2009 EPCRA 325 Action For PenaltyHackney Ladish, Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0601 HACKNEY LADISH, INC. 10/08/2009 EPCRA 325 Action For PenaltyHackney Ladish, Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0602 BLUE LINE CORPORATION 10/07/2009 EPCRA 325 Action For PenaltyBlue Line Corporation disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0604 LITTELFUSE LP 11/02/2009 EPCRA 325 Action For PenaltyLittelfuse disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity based penalty was mitigated.Economic benefit was deemed insignificant.06-2010-0605 TEXAS DIE CASTING, INC. 11/02/2009 EPCRA 325 Action For PenaltyTexas Die Casting, Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penaltywas mitigated. Economic benefit was deemed insignificant.06-2010-0606 BAKER PETROLITE


Baker Petrolite Corporation disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penaltywas mitigated. Economic benefit was deemed insignificant.06-2010-0607 O.W. SOMMERS/J.T. DEELY.

J.K. SPRUCE GENERATINGCOMPLEX


O.W. Sommers/J.T. Deely/J.K. Spruce Generating Complex disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted,100% of the gravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0608 UNITED STATES GYPSUM


United States Gypsum Company disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity basepenalty was mitigated. Economic benefit was deemed insignificant.06-2010-0609 CONOCOPHILLIPS COMPANY

BORGER REFINERY01/11/2010 EPCRA 325 Action For Penalty





SummaryConocoPhillips Company Borger Refinery disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submited, 100% of thegravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0610 CAMERON INTERNATIONAL


Cameron International Corporation disclosed violations by seven of their facilities of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist theysubmitted, 100% of the gravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0611 GE OILFIELD TECHNOLOGIES,

INC. (FORMERLY APPLIEDELECTRONICS, INC.)


GE Oilfield Technologies, Inc. (formerly Applied Electronics, Inc.) disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist theysubmitted, 100% of the gravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0612 OWENS FOODS, INC. 01/21/2010 EPCRA 325 Action For PenaltyOwens Foods, Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0613 DENISON INDUSTRIES 02/23/2010 EPCRA 325 Action For PenaltyDenison Industries disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0614 ZOLTEK CORPORATION 02/23/2010 EPCRA 325 Action For PenaltyZoltek Corporation disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0615 BAKER HUGHES BROKEN

ARROW (FORMERLY BAKEROIL TOOLS)


Baker Hughes Broken Arrow disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity basepenalty was mitigated. Economic benefit was deemed insignificant.06-2010-0616 MATRIX SERVICES -

FABRICATION DIVISION02/23/2010 EPCRA 325 Action For Penalty

Matrix Services - Fabrication Division disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravitybase penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0617 BAKER HUGHES RANKIN ROAD

FACILITY (FORMERLY BAKERHUGHES INTEQ)






SummaryBaker Hughes Rankin Road Facility has disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravitybase penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0618 AIRBORN INTERCONNECT INC. 03/30/2010 EPCRA 325 Action For PenaltyAirborn Interconnect Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penaltywas mitigated. Economic benefit was deemed insignificant.06-2010-0619 AIRBORN INTERCONNECT INC 03/30/2010 EPCRA 325 Action For PenaltyAirBorn Interconnect, Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penaltywas mitigated. Economic benefit was deemed insignificant.06-2010-0620 PAULUHN ELECTRIC 04/20/2010 EPCRA 325 Action For PenaltyPauluhn Electric disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0621 DURCON INCORPORATED 04/12/2010 EPCRA 325 Action For PenaltyDurcon, Incorporated disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0622 LONGVIEW BRASS &

ALUMINUM CO., INC.04/20/2010 EPCRA 325 Action For Penalty

Longview Brass & Aluminum Co., Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravitybase penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0623 WEBCO INDUSTRIES, INC. OK

DIST DIV TULSA, OK06/11/2010 EPCRA 325 Action For Penalty

Webco Industries, Inc. Oklahoma Distribution Division-Tulsa, OK disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist theysubmitted, 100% of the gravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0624 WEBCO INDUSTRIES,INC. TX

DISTR DIV-ORANGE,TX06/11/2010 EPCRA 325 Action For Penalty

WEBCO INDUSTRIES,INC. TX DISTR DIV-ORANGE,TX disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted,100% of the gravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0625 QUIK WATER, INC. 06/10/2010 EPCRA 325 Action For PenaltyQuik Water, Inc. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the audit policy checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0626 CAMPBELL CONCRETE AND

MATERIALS, LP06/28/2010 EPCRA 325 Action For Penalty





SummaryCampbell Concrete and Materials, LP disclosed for 19 of their facilities violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted,100% of the gravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0627 FALCON STEEL COMPANY 07/26/2010 EPCRA 325 Action For PenaltyFALCON STEEL COMPANY disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity basepenalty was mitigated. Economic benefit was deemed insignificant.06-2010-0628 HALCYON MARBLE DESIGNS,


HALCYON MARBLE DESIGNS, INC. disclosed violation of EPCRA 313 to U.S. EPA. Afte reviewing the Audit Policy Checklist they submitted, 100% of the gravitybase penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0629 TIMKEN BORING SPECIALTIES,


TIMKEN BORING SPECIALTIES, LLC disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravitybase penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0630 MADISON, INC. 07/26/2010 EPCRA 325 Action For PenaltyMADISON, INC. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0631 TEXAS MUNICIPAL POWER

AGENCY (GIBBONS CREEKSTEAM ELECTRIC STATION)


TEXAS MUNICIPAL POWER AGENCY/Gibbons Creek Steam Electric Station disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit PolicyChecklist they submitted, 100% of the gravity base penalty was mitigated. Economic benefit was deemed insignificant.06-2010-0632 S&T MANUFACTURING 07/26/2010 EPCRA 325 Action For PenaltyS&T MANUFACTURING disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penaltywas mitigated. Economic benefit was deemed insignificant.06-2010-0633 NATIONAL COIL COMPANY 07/26/2010 EPCRA 325 Action For PenaltyNATIONAL COIL COMPANY disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity basepenalty was mitigated. Economic benefit was deemed insignificant.06-2010-0634 SGL CARBON LLC 07/21/2010 EPCRA 325 Action For PenaltySGL CARBON LLC disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0635 BOLTEX MFG. 08/02/2010 EPCRA 325 Action For Penalty





SummaryBOLTEX MFG. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0636 AMERI-TI, INC. 08/17/2010 EPCRA 325 Action For PenaltyAMERI-TI, INC. disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity base penalty wasmitigated. Economic benefit was deemed insignificant.06-2010-0638 UNITED STATES GYPSUM


United States Gypsum Company disclosed violation of EPCRA 313 to U.S. EPA. After reviewing the Audit Policy Checklist they submitted, 100% of the gravity basepenalty was mitigated. Economic benefit was deemed insignificant.06-2010-1106 ROBINSON - 1 07/14/2010 SDWA 1423C3 AO for Compliance (UIC)VIOLATIONS: ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS REQUIRE THE OWNER OR OPERATOR OF AN INJECTION WELL TO PLUG AWELL WITHIN ONE YEAR AFTER TERMINATION OF INJECTION OPERATIONS. THE BUREAU OF INDIAN AFFAIRS TERMINATED THE LEASE FOR ONE OFRESPONDENT S INJECTION WELLS, EFFECTIVE MAY 15, 2007. RESONDENT VIOLATED EPA REGULATIONS BY NOT PLUGGING THE WELL WITHIN ONEYEAR AFTER LEASE TERMINATION. REMEDY: PLUG ONE INJECTION WELL. PENALTY: NONE 06-2010-1107 GOLDEN WEST - 1 07/14/2010 SDWA 1423C3 AO for Compliance (UIC)VIOLATIONS: ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS REQUIRE THE OWNER OR OPERATOR OF AN INJECTION WELL TO PLUG AWELL WITHIN ONE YEAR AFTER TERMINATION OF INJECTION OPERATIONS. THE BUREAU OF INDIAN AFFAIRS TERMINATED THE LEASE FOR ONE OFRESPONDENT S INJECTION WELLS, EFFECTIVE MARCH 9, 2007. RESONDENT VIOLATED EPA REGULATIONS BY NOT PLUGGING THE WELL WITHINONE YEAR AFTER LEASE TERMINATION. REMEDY: PLUG ONE INJECTION WELL. PENALTY: NONE 06-2010-1108 WACHTMAN-SCHRODER - 1 07/15/2010 SDWA 1423C3 AO for Compliance (UIC)





SummaryVIOLATIONS: ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS REQUIRE THE OWNER OR OPERATOR OF AN INJECTION WELL TO PLUG AWELL WITHIN ONE YEAR AFTER TERMINATION OF INJECTION OPERATIONS. RESPONDENT HAS NOT USED THE ONE INJECTION WELL FOR MANYYEARS. RESONDENT VIOLATED EPA REGULATIONS BY NOT PLUGGING THE WELL WITHIN ONE YEAR AFTER CESSATION OF INJECTION OPERATIONS. REMEDY: PLUG ONE INJECTION WELL. PENALTY: NONE 06-2010-1250 BACKWOOD VILLAGE WATER

SYSTEM02/16/2010 SDWA 1414G3 AO For Penalties (PWS)

Penalty order issued for violation of the Stage 2 DBPR deadline.06-2010-1252 TOWN OF EVERGREEN 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1253 FIFTH WARD WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1254 VILLAGE OF MOREAUVILLE 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1255 GREEN ACRES SUBDIVISION


AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1258 CADDO WATER WORKS


AO ISSUED FOR FAILURE TO SUBMIT MONITORING REPORT FOR STAGE 2 DISINFECTANTS AND DISINFECTION BY-PRODUCTS RULE.06-2010-1259 MOSSVILLE WATER WORKS


AO submitted for failure to submit monitoring reports for Stage 2 Disinfectants and Disinfection By-Products Rule.06-2010-1260 HERBERT WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO FOLLOW THE PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTNATS AND DISINFECTION BY-PRODUCTSRULE.06-2010-1261 HOLUM WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO FOLLOW TO PWS MONITORING REQUIREMENTS FOR THE STAGE 2 DISNFECTANTS AND DISINFECTION BY-PRODUCTSRULE.





Summary06-2010-1270 TOWN OF WELSH WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTANTS AND DISINFECTION BY-PRODUCTRULE.06-2010-1271 JEFF DAVIS WATER AND

SEWER COMMISSION #102/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO FOLLOW THE PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTANTS AND DISFECTANTS BY-PRODUCT RULE.06-2010-1272 LINCOLN PARISH WAER

WORKS DISTRICT #302/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO FOLLOW PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTANTS AND DISINFECTIONS BY-PRODUCT RULE.06-2010-1273 CULBERTSON WATER

SYSTEM, INC.02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO FOLLOW THE PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTANTS AND DISINFECTION BY-PRODUCT RULE.06-2010-1274 COLYELL COMMUNITY WATER 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTANS AND DISINFECTION BY-PRODUCT RULE.06-2010-1275 FRENCH SETTLEMENT

WATER- FR SETT W S02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO FOLLOW THE PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTANTS AND DISINFECTION BY-PRODUCT RULE.06-2010-1276 FRENCH SETTLEMENT

WATER- SPRINGFIELD02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO FOLLOW THE PWS MONITORING REQUIREMTNS FOR STAGE 2 DISINFECTANTS AND DISINFECTION BY-PRODUCT RULE.06-2010-1277 FRENCH SETTLEMENT

WATER-WH HALL/HEAD OF ISL02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1280 LOUISIANA LAND AND WATER-

LOVE ESTATES WATERSYSTEM


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTSFOR THE STAGE 2 DBPR.06-2010-1281 TOWN OF FORDOCHE 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.





Summary06-2010-1282 INNS WATER CORPORATION,


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR06-2010-1283 FALSE RIVER WATER

COMPANY02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMTNS FOR STAGE 2 DBPR.06-2010-1284 TOWN OF BOYCE 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1285 TOWN OF CHENEYVILLE 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1286 TOWN OF WOODWORTH 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1287 SIEPER AREA WATER SYSTEM,


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1288 TOWN OF MANGHAM WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DPBR.06-2010-1289 CONVERSE WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DISINFECTANTS ANS DISINFECTION BY-PRODUCTRULE.06-2010-1290 PENDLETON WATER

ASSOCIATION02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1291 WATER WORKS DISTRICT #2

OF ST HELENA02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1292 WATER WORKS DISTRICT#2

OF ST HELENA- PHASE 302/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.





Summary06-2010-1293 LAWTELL WATER WORKS


AO ISSUED FOR FAILURE TO COMPLY WITH PWS REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1294 SAVOY SWORDS WATER

SYSTEM, INC.02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1295 CITY OF BREAUX BRIDGE


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STSGE 2 DBPR.06-2010-1296 BEAU CHENE WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1297 FOLSOM WATER SUPPLY 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1298 TOWN OF MADISONVILLE

WATER SUPPLY02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1299 ST TAMMANY WATER


AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1300 SOUTHEAST LOUISIANA STATE

HOSPITAL02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1301 WHISPERWOOD ESTATES S/D-

RESOLVE WATER SYSTEM02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1302 THE MEADOWS-COAST WTER

WORKS02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1303 MARINA DEL RAY WATER






SummaryAO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1304 MEADOWLAKE SUBDIVISION 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1305 LAKESHORE ESTATES- OAK

HARBOR EAST UTILITY02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1306 TOWN OF AMITE WATER 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1307 FRENCH SETTLEMENT-

HAMMOND HEIGTS WATER CO.02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1308 TOWN OF INDEPENDENCE 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1309 FRENCH SETTLEMENT WATER

CO.- BLACKCAT02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1310 VILLAGE OF TANGIPAHOA 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1311 WESTVIEW WATER WORKS 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1312 BON AIRE ESTATES UTILITY 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1314 EAST TICKFAW WATER

WORKS02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1315 FRENCH SETTLEMENT WATER

CO.- VELMA02/16/2010 SDWA 1414G2 AO For Compliance (PWS)






Summary06-2010-1316 LAKE BRUIN WATER DISTRICT

#1 (LLA1107001)02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1317 LAKE BRUIN WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FALURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1318 TOWN OF WATERPROOF


AO ISSUED FOR FALURE TO COMPLY WITH PWS MONITRING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1319 LINVILLE-HAILE WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1320 TOWN OF DELCAMBRE WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1321 TOWN OF ERATH WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1322 VILLAGE OF MAURICE WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQIREMENTS FOR STAGE 2 DBPR.06-2010-1323 PECAN ISLAND WATER

WORKS DISTRICT #302/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1324 ANACOCO WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1325 VERNON PARISH WATER AND

SEWER COMMISSION02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DPR.06-2010-1326 WEST VERNON PARISH

WATER WORKS DISTRICT02/16/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryAO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1327 FRENCH SETTLEMENT-MT

HERMON WATER DISTRICT02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1328 BLOCKER WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQURIEMENTS FOR STAGE 2 DBPR.06-2010-1329 DUBBERLY WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1330 VILLAGE OF HEFLIN WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1331 JENKINS COMMUNITY WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1332 LETON WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FALIURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1333 SAREPTA WATER WORKS


AO ISSUED FOR FAILURE TO COMPLY WITH PWS REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1334 TOWN OF SPRINGHILL WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1335 GIL-GAL WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1336 WEST BATON ROUGE PUBLIC

UTILITIES02/16/2010 SDWA 1414G2 AO For Compliance (PWS)

AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1337 WEST BATON ROUGE

DISTRICT #4- HOLIDAY INN02/16/2010 SDWA 1414G2 AO For Compliance (PWS)






Summary06-2010-1338 WEST BATON ROUGE

DISTRICT #4- SECTION ROAD/WINTERVILLE


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1339 VILLAGE OF EPPS WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1340 FISKE UNION WATER SYSTEM 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1341 VILLAGE OF FOREST 02/16/2010 SDWA 1414G2 AO For Compliance (PWS)AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1342 PIONEER DARNELL WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1343 HUDSON GAARS MILL WATER


AO ISSUED FOR FAILURE TO COMPLY WITH PWS MONITORING REQUIREMENTS FOR STAGE 2 DBPR.06-2010-1701 LINN OPERATING, INC. 07/16/2010 CWA 309G2A AO For Class I PenaltiesAdministrative Penalty Order issued for unauthorized discharges.06-2010-1704 GRAYHORSE OPERATING, INC. 07/16/2010 CWA 309G2A AO For Class I PenaltiesViolation: The Respondent's oil and gas facility had an unauthorized discharge of a pollutant from a point source to a waters of the US. The facility was inspected bythe EPA on May 28, 2009. During the inspection the EPA observed where the facility had discharged oil field brine to a tributary of Rock Creek. Relief: Administrative Penalty Order.06-2010-1705 TORO ROCK PRODUCTS, LLC-

MR. KEN THURSTON, OWNER11/24/2009 CWA 309A AO For Compliance

AO issued to Toro Rock Products, LLC on November 24,2009 for violations of the EPA SW Multi-Sector Permit.06-2010-1706 TORO ROCK PRODUCTS, LLC 11/30/2009 CWA 309A AO For ComplianceAO issued for violations of EPA SW Multi-Sector Permit. Violations were identified based on review of a July 31,2009 inspection. Violations include but are not limitedto failure to implement Best Management Practices to control off-site discharges.





Summary06-2010-1707 TORO ROCK PRODUCTS, LLC 06/07/2010 CWA 309G2A AO For Class I PenaltiesConsent Agreement and Final Order issued for violations of the EPA Multi-Sector General Permit for Industrial Activities. Respondent failed to make timely applicationfor permit coverage for its activities at the facility and was not covered by a NPDES permit at the relevant time for the relevant activities.06-2010-1714 DOLBERRY ENERGY

RESOURCES, CORP.10/09/2009 CWA 309A AO For Compliance

Respondent's Oil Field facility was a point source discharge of a pollutant to a waters of the US. The facility was inspected by the EPA on October 2, 2009. During theinspection the EPA had observed where the facility had discharged oil field to a tributary of Little Salt Creek.06-2010-1715 JOHN L LEWIS WELL SERVICE 10/09/2009 CWA 309A AO For ComplianceRespondent's oil field facility was point source discharge of a pollutant to a "waters of the US". The EPA inspected the facility on October 1, 2009, and observedwhere the facility had discharged brine to a tributary of the Little River.06-2010-1716 ALL SAINTS CATHOLIC

SCHOOL OF ROSWELL11/24/2009 CWA 309A AO For Compliance

AO for violation of EPA SWCGP being routed for issuance on 10/15/2009.06-2010-1717 ALL SAINTS CATHOLIC

SCHOOL OF ROSWELL07/30/2010 CWA 309G2A AO For Class I Penalties

Draft CAFO isued with AO with penalties for violation of the EPA SWCGP.06-2010-1718 HOLLOWAY CONSTRUCTION

COMPANY, INC.12/07/2009 CWA 309A AO For Compliance

AO issued for violations of the SWCGP at the All Saints Catholic School of Roswell contruction site.06-2010-1719 HOLLOWAY CONSTRUCTION

COMPANY-NMU00162802/25/2010 CWA 309G2A AO For Class I Penalties

CAFO penalty for violations of the Storm Water Construction General Permit at the All Saints High School construction site in Roswell.06-2010-1720 EL ENCANTO, INC. 12/28/2009 CWA 309A AO For ComplianceViolation: Unauthorized discharge of pollutants to waters of the U.S. without permit authorization.06-2010-1721 THOMAS EXPLORATION


Respondent's oil field facility was a point source which discharged a pollutant to a water of the US. The EPA inspected the facility on October 13, 2009, and observedwhere the facility had discharged oil field brine to a tributary of the Deep Fork River.06-2010-1722 HOME BUILDERS REDI-MIX,






SummaryAO issued to Home Builders Redi-Mix for violations of the EPA Industrial Multi-Sector General Permit on 12/29/2009.06-2010-1723 HOME BUILDERS REDI-MIX,


Draft CAFO 06-2010-1723 issued with the AO 06-2010-1722 for violations of the EPA Multi-Sector Permit on 12/29/2009. Penalty amount agreed to and signed CAFO routed for final issuance on 4/1/2010.06-2010-1724 TAOS, TOWN OF,



Violation: Unauthorized discharge of pollutants to waters of the U.S. without permit authorization.06-2010-1725 US OIL RECOVERY 12/21/2009 CWA 309A AO For ComplianceRespondent owned or operated a centralized waste treatment facility located in Pasadena, in Harris County, Texas. Permittee is subject to regulations of the NationalPollutant Discharge Elimination System (NPDES)and Clean Water Act (CWA).06-2010-1729 BLUELINE CONSTRUCTION,


AO issued for storm water violations of the EPA SWCGP. The AO requires compliance with applicable federal regulations. The first compliance deadline is within thirty(30) days of receipt of the AO.06-2010-1730 BLUELINE CONSTRUCTION,

INC.06/25/2010 CWA 309G2A AO For Class I Penalties

Penalty Order issued for stormwater construction violations.06-2010-1731 ROBERSON OIL COMPANY,


The Respondent's oil field facility was a point surce which discharged a pollutant to a waters of the US. The facility was inspected by the EPA on October 26, 2009,and the EPA had observed where the facility had discharged brine and oil to a tributary of Clear Boggy Creek.06-2010-1732 LA BAJADA DEVELOPMENT


AO Docket No. 06-2010-1732 issued on April 7, 2010, with draft CAFO with fines for violations of the EPA SWCGP.06-2010-1733 LA BAJADA DEVELOPMENT


CAFO issued in draft to La Bajada Development LLC for violations of SWCGP. Signed and agreed ($1500.00) CAFO placed in routing on 6/25/2010.06-2010-1734 BT HOMES, INC 06/30/2010 CWA 309A AO For ComplianceAO with draft Super Cafo was issued on June 30, 2010, to BT Homes for violations of the EPA SWCGP.





Summary06-2010-1736 HUMPHREY AND HUMPHREY

DAIRY (TXG920636)12/17/2009 CWA 309A AO For Compliance

Issued AO for noncompliance of General CAFO permit. The violations were identified during EPA inspection conducted November 16, 2009. The violations foundinclude, but are not limited to failure to maintain proper records.06-2010-1738 PASADENA, CITY OF 12/01/2009 CWA 309A AO For CompliancePermittee is a Municipality, under the laws of the State of Texas, and operates a wastewater treatment plant, located in Pasadena, Texas. Permittee failed complywith their National Pollutant Discharge Elimination System (NPDES) permit. Permittee is subject to regulations of the Clean Water Act (CWA) and NPDES. 06-2010-1739 LANCE RUFFEL OIL AND GAS


Respondent's oil field facility was a point source which discharged a pollutant to a waters of the US. The Respondent's oil field tank battery was inspected by the EPAon November 18, 2009, and the EPA had observed that the facility had discharged oil field brine to a tributary of Wewoka Creek.06-2010-1740 ABC FOREIGN AUTO PARTS 01/19/2010 CWA 309A AO For ComplianceAO for violations of the EPA MSGP issued on 1/19/2010.06-2010-1743 OUD DAIRY #1 02/22/2010 CWA 309A AO For ComplianceAO issued for violation of the Clean Water Act. Violations were identified based on a December 1 and 2, 2009, inspection conducted by EPA. The violation foundinclude, but is not limted to, failure to maintin proper records.06-2010-1744 OUD DAIRY #3 (TXG920159) 02/01/2010 CWA 309A AO For ComplianceIssued AO to facility for failure to maintain proper records and failure to ensure proper operation and maintenance.06-2010-1745 HINTON DAIRY (TXG920860) 12/17/2009 CWA 309A AO For ComplianceIssued AO for noncompliance of General CAFO permit. The violations were identified during a December 2, 2009, inspection conducted by EPA. The violations foundinclude, but are not limited to, failure to properly maintain required records of daily operations, and failure to capture and control all process-generated wastewater.The respondent shall immediately comply with all provisions of the AO.06-2010-1746 ALLROUNDER I DAIRY 12/17/2009 CWA 309A AO For ComplianceAO was issued for violation of the Clean Water Act. The violation was identified during a December 2, 2009, site visit conducted by EPA. The violation consisted ofunauthorized discharges of pollutants to waters of the US. Effectively immediately upon receipt of AO, the respondent shall immediately cease and desist alldischarges of pollutants into Stouts Creek.06-2010-1747 ALLROUNDER II DAIRY

(TXG920952)12/17/2009 CWA 309A AO For Compliance

Cease and Desist AO was issued for violation of the Clean Water Act. The violations were identified during a December 2, 2009, site visit, conducted by EPA. Theviolations consist of unauthorized discharges of pollutants to waters of the U.S.





Summary06-2010-1748 MMHF LLC 12/10/2009 CWA 309A AO For ComplianceRespondent's oil field facility was a point source which discharge a pollutant to a waters of the US. The EPA inspected the facility on October 13, 2009, and December2, 2009. On both inspection dates the EPA observed the facility had discharged a pollutant to a tributary of Buck Creek.06-2010-1749 SOILUTIONS, INC. 03/18/2010 CWA 309A AO For ComplianceViolation: Unauthorized discharge of pollutants to waters of U.S. without permit authorization.06-2010-1750 BROKEN ARROW RECYCLERS


AO and draft CAFO issued for violations of the EPA MSGP on 2/8/2010.06-2010-1752 LION OIL COMPANY 01/11/2010 CWA 309A AO For ComplianceRespondent is being issued an administrative order for violation of the Clean Water Act. The violations alleged are for failure to meet effluent limits at various outfalls.06-2010-1753 ELDORADO CHEMICAL


Permittee is subject to regulations of the Clean Water Act (CWA), National Pollutant Discharge Elimination System (NPDES) Regulations. The Respondent was inviolation of the CWA and is being issued an Administrative Order for Compliance.06-2010-1754 GREAT LAKES CHEMICAL

CORPORTATION01/11/2010 CWA 309A AO For Compliance

Respondent is being issued an administrative order for violation of the Clean Water Act. The violations alleged are for failure to meet effluent limits at various outfalls.06-2010-1755 GREAT LAKES CHEMICAL


Respondent is being issued an administrative order for violation of the Clean Water Act. The violations alleged are for failure to meet effluent limits at various outfalls06-2010-1756 BARELA LANDSCAPING

MATERIALS, INC.02/10/2010 CWA 309A AO For Compliance

Violation: Unauthorized discharge of pollutants to waters of the U.S. without permit authorization. 06-2010-1757 WESTERN ORGANIC/GRO-

WELL BRANDS, INC.02/10/2010 CWA 309A AO For Compliance

Violation: Unauthorized discharge of pollutants to waters of the U.S. without permit authorization.06-2010-1758 TAYLOR INTERNATIONAL, INC. 01/01/2010 CWA 309A AO For Compliance





SummaryViolation: The Respondent's tank battery facility was a point source which discharged a pollutant to a waters of US. The EPA inspected the Respondent's injectionwell on December 22, 2009, and observed where brine had been discharged from the facility to Cimarron River. Relief: An Administrative Order is being issued to the Respondent requiring the following: 1) cease all discharges of pollutants from the facility; 2) remove all the brinefrom the flow path; 3) remove all the brine from the impacted water body; 4) submit written certification.06-2010-1759 TALLGRASS PETROLUEM


Violation: The Respondent's tank battery facility was a point source which discharged brine to a tributary of Skiatook Lake. The discharge was observed by the EPAon January 5, 2010 by the EPA. Relief: An Administrative Order is being issued to the Respondent requiring the following: 1) cease and desist the discharge; 2) remove all the brine and contaminatedsoil located in between the facility and the point of entry; 3) remove all the brine from the impacted water body; 4) and submit written certification.06-2010-1760 ALBUQUERQUE PUBLISHING


AO issued with draft CAFO for violations of the EPA MSGP on February 8, 2010.06-2010-1762 GENERAL MILLS, INC. 02/04/2010 CWA 309A AO For ComplianceViolation: Unauthorized discharges to waters of U.S.06-2010-1763 SOCORRO, CITY OF

(NMU001642)02/19/2010 CWA 309A AO For Compliance

A Compliance Evaluation Inspection was conducted at the City of Socorro Wastewater Plant on June 26, 2009. At the time of the inspection, it was determined thetreatment plant was not covered under the Multi-Sector General Permit for Stormwater discharges. An administrative order was drafted to address the lack of permitcoverage.06-2010-1764 RED RIVER, TOWN OF


A compliance evaluation inspection was conducted on June 10, 2009, at the Wastewater Treatment Plant in Red River, NM. At the time of the inspection, it wasdetermined that the plant had never applied for coverage under the Multi-sector General Permit for Stormwater discharges. An administrative order was issued toaddress this violation.06-2010-1766 NUCO ENERGY, INC. 01/26/2010 CWA 309A AO For Compliance





SummaryViolation: The Respondent's facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA on January 13,2010. During the inspection the inspector observed that the facility discharged oil field brine to a tributary of Adams Creek. Relief: An Administrative Order is being issued to the Respondent requiring the following: 1) cease all discharges of pollutants from the facility; 2) remove the brinefrom the flow path; and 3) submit written certification.06-2010-1767 LINN ENERGY, LLC 01/26/2010 CWA 309A AO For ComplianceViolation: The Respondent's facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected on January 11, 2010, by theEPA. During the inspection the EPA observed where the facility had discharged oil field brine to a tributary of Salt Creek. Relief: An Administrative Order for compliance is being issued requiring the following: 1) cease and desist the discharge; 2) remove the pollutant from the impactedwater body; 3) submit written certification.06-2010-1769 DOLBERY ENERGY

RESOURCES, CORP.01/26/2010 CWA 309A AO For Compliance

Violation: The Respondent's tank battery facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA onJanuary 22, 2010. During the inspection the EPA observed where the faciliy had discharged oil field brine to a tributary of Little Salt Creek. Relief: An Administrative Order is being issued requiring the following: cease all discharges of pollutants from the facility; remove all the brine from the flow path;remove all the brine from the tributary; and, submit written certification.06-2010-1770 ENERCO OPERATING CORP. 02/02/2010 CWA 309A AO For ComplianceViolation: The Respondent's tank battery facility was a point source which discharged a pollutant to a waters of the US. The Respondent's facility was inspected bythe EPA on January 20, 2010. During the inspection the EPA inspector had observed where the facility had discharged oil field brine to Beech Creek. Relief: A cease and desist order is being issued requiring the following: stop the discharge; remove the brine from the flow path; and, submit written certification thatthe requirements have been completed.06-2010-1773 J-B OIL COMPANY, LLC 02/02/2010 CWA 309A AO For ComplianceViolation: The Respondent's facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA on January 21,2010. During the inspection the EPA observed where the facility had discharged oil field brine to Wolf Creek. Relief: An Administrative Order is being issued to the Respondent requiring the following: cease the discharge; remove the brine from the flow path located inbetweenthe facility and the point of entry; and, submit written certification.06-2010-1774 J AND L OIL COMPANY 02/02/2010 CWA 309A AO For Compliance





SummaryViolation: The Respondent's oil field facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA on January21, 2010. During the EPA inspection it was observed that the facility had discharged oil field brine to a tributary of Brushy Creek. Relief: An Administrative Order is being issued requiring the following: cease the dicharge; remove the brine from the flow path located in between the facility andtributary; and,submt written certification.06-2010-1781 LOUISIANA LAND TRUST 02/16/2010 CWA 309A AO For ComplianceAO issued for violation of the Clean Water Act. Respondent is a residential demolition project in St. Bernard and Orleans, LA Parish which requires storm water permitcoverage and the implementation of a storm water pollution prevention plan. The violations alleged are for failure to submit a Notice of Intent for permit coverage.06-2010-1782 CAMP DRESSER MCKEE, INC. 02/16/2010 CWA 309A AO For ComplianceAO issued for violation of the Clean Water Act. Respondent is a residential demolition project in St. Bernard and Orleans Parish which requires storm water permitcoverage and the implementation of a storm water pollution prevention plan. The violations alleged are for failure to submit a Notice of Intent for permit coverage. 06-2010-1785 ROBINOWITZ OIL COMPANY 02/11/2010 CWA 309A AO For ComplianceViolation: The Respondent's oil field facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA on February3, 2010. During the inspection the EPA observed where the facility had discharged oil field brine to a Little Hominy Creek. Relief: An Administative Order is being issued to the Respondent requiring the following: cease all discharges of pollutants from the facility; remove all the brine fromthe flow path; and, submit written certification that the requirements of the AO have been completed.06-2010-1787 VAN DER JAGT DAIRY

(TXG920212)02/23/2010 CWA 309A AO For Compliance

AO issued for violation of the Clean Water Act. The violations were identified during a February 9, 2010, inspection. the violation found included, but are not limitedto, failure to prevent an authorized discharge to waters of the U.S. Effective immediately, the respondent shall immediately cease and desist all discharges of pollutants into Chaffin Creek and comply with all provisions of the AO.06-2010-1788 GCC RIO GRANDE, INC. 08/13/2010 CWA 309A AO For ComplianceViolations: 1. The Storm Water Pollution Prevention Plan (SWPPP) did not contain documentation of the site description. 2. SWPPP did not contain documentation of the potential pollutant sources. 3. SWPPP did not contain documentation of the descriptions, schedules, and procedurespertaining to control measures. 4. SWPPP did not contain documentation of schedules pertaining to monitoring and inspections. 5. SWPPP did not containdocumentation regarding Endangered species. 6. SWPPP was not made available at the facility. 7. Additional documentation required by the permit was not in the SWPPP.06-2010-1789 SPOTTED OWL TIMBER, INC






SummaryA stormwater compliance inspection was conducted by New Mexico Environment Department on December 9, 2009, to determine compliance with the Multi-SectorGeneral Permit for Stormwater Discharges. It was determined that the Spotted Owl Timber, Inc., was operating without permit coverage and had not developed andimplemented a Stormewater Pollution Prevention Plan. An administrative order was drafted and routed for signature.06-2010-1790 ACADEMY CORPORATION

(NMR05GD28)07/27/2010 CWA 309A AO For Compliance

A stormwater compliance inspections was conducted by the New Mexico Environment Department (NMED) on February 11, 2010, to determine compliance with theStormwater Multi-Sector General Permit. Deficiencies noted during the inspection were failure to conduct inspections, failure to develop an adequate Storm WaterPollution Prevention Plan and failure to maintain Best Management Practices. An administrative order was drafted to address those deficiencies.06-2010-1792 KOON JERSEY FARM 03/08/2010 CWA 309A AO For ComplianceCease and Desist Administrative Order issued for violation of the Clean Water Act. The violations were identified during a February 23,2010, inspection conducted byEPA. Respondent is to immediately cease and desist all discharges of pollutants into Ishmeal Branch and comply with all provisions of the AO. 06-2010-1795 G & S JEWELRY

MANUFACTURING04/29/2010 CWA 309A AO For Compliance

Violation: Facility has not applied for the required NPDES Storm Water Permit coverage and has not implemented a Storm Water Pollution Prevention Plan(SWPPP). - 06-2010-1825 US OIL RECOVERY 04/14/2010 CWA 309A AO For CompliancePermittee owned or operated a centralized waste treatment facility located in Harris County Texas. Permittee is in violation of EPA's NPDES program.06-2010-1826 PASADENA, CITY OF 04/15/2010 CWA 309A AO For CompliancePermittee owned or operated a wastewater treatment plant located in Harris County Texas. Permittee is in violation of EPA's NPDES program.06-2010-1827 THOMAS EXPLORATION CO. 03/24/2010 CWA 309A AO For ComplianceViolation: The Respondent's tank battery facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA onMarch 10, 2010. During the inspection the EPA observed where the facility had discharged oil field brine to a tributary of the Deep Fork River. Relief: An Administrative Order for compliance was issued to the Respondent requiring the following: cease all discharges of pollutants from the facility; remove allthe brine from the flow path; and, submit written certification that the requirements of this Order have been completed.06-2010-1829 MMHF, LLC 03/31/2010 CWA 309A AO For Compliance





SummaryViolation: The Respondent's mine reclamation facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA onFebruary 22, 2010. Samples of the waste stream being discharged were determined to be toxic and in violation of Oklahoma state water quality standards. Relief: An administrative order for compliance is being issued to stop the discharge and submit a plan of action of how this violation was corrected.06-2010-1831 GARRY DAVIS OIL, LLC 03/31/2010 CWA 309A AO For ComplianceViolation: The Respondent's oil field facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA on March 25,2010, and during the inspection the EPA observed where the facility had discharged oil field brine to the Chikaskia River. Relief: An Administrative Order is being issued requiring the following: cease all discharges of pollutants from the facility; remove all the brine and contaminated soilsfrom the flow path; and submit written certification.06-2010-1832 TERRITORY RESOURCES, LLC 03/31/2010 CWA 309A AO For ComplianceViolation: The Respondent's tank battery facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA onMarch 25, 2010, and during the inspection the EPA observed where the facility had discharged oil field brine to a tributary of Birds Nest Creek. Relief: An Administrative Order is being issued requiring the following: cease all discharges of pollutants from the facility; remove all the brine from the flow path; and,submit written certfication.06-2010-1833 TERRITORY RESOURCES, LLC 03/31/2010 CWA 309A AO For ComplianceViolation: The Respondent's oil field facility was a point source which discharged a pollutant to a waters of the US. The facility was inspected by the EPA on March 25,2010, during the inspection the EPA observed where the facility had discharge oil field brine to a tributary of Birds Nest Creek. Relief: An Administrative Order is being issued requiring the Respondent to perform the following: cease all dicharges of pollutants from the facility; remove all thebrine from the flow path; and submit written certification. 06-2010-1844 BOUZIDEN BROS & SONS 07/02/2010 CWA 309A AO For ComplianceAO based on a March 10, 2010 inspection conducted by the Oklahoma Department of Agriculture, Food, and Forestry. The violation alleged, but is not limited to, thefailure to maintain proper records to show that the animal waste retention structure liner is certified to prevent a hydrologic connection occurring between effluent andwaters of the U.S.06-2010-1853 SANTA FE AIR CENTER, LLC 06/30/2010 CWA 309A AO For ComplianceViolation: Respondent was found to have violated the Clean Water Act by discharging pollutants to waters of the U.S. 06-2010-1856 EASTLAND HILLS, LLC 06/16/2010 CWA 309A AO For ComplianceAO issued with draft Super CAFO for violations of the NPDES SWCGP on 6/16/2010.06-2010-1880 LEE RANCH COAL COMPANY 07/29/2010 CWA 309A AO For ComplianceAO with draft Super CAFO issued for storm water violations based on inspection by EPA on April 22, 2010.





Summary06-2010-1882 WHEELER BROTHERS GRAIN


Violation: Administrative Order issued for CAFO violations of the Clean Water Act based on an onsite inspection of the facility conducted by EPA on 04/13-14/2010,specifically for operation and maintenance of the facility. Relief: Injunctive relief which includes a corrective action plan, installation within and repair to the facility to correct its operation and maintenance procedures. 06-2010-2013 FROSTY CUBE, INC. 03/10/2010 EPCRA 325 Action For PenaltyFailure to submit MSDS sheets and Tier II forms06-2010-2701 MINES ROAD DEVELOPMENT 11/17/2009 CWA 309A AO For ComplianceRestoration of all fill except road crossings, will seek permit for those from Corps of Engineers06-2010-2705 VIRGIL VIGIL 01/05/2010 CWA 309A AO For ComplianceAO requires restoration of flow to arroyo which was causing flood impacts to adjacent properties06-2010-2706 CLYDE VIGIL 01/05/2010 CWA 309A AO For ComplianceAO requires restoration of arroyo. Unauthorized fill is caused flood impacts on adjacent properties06-2010-2708 RUSSELL SAND $ GRAVEL 10/28/2009 CWA 309A AO For ComplianceOrder to allow Rio Chama to naturally restore, no further removal of sand/gravel until permit obtained from Corps of Engineers.06-2010-2710 TGG PIPELINE, LTD 04/01/2010 CWA 309G2B AO For Class II PenaltiesDischarged fill material without authorization under a permit.06-2010-2712 TIMOTHY FANGUY 04/07/2010 CWA 309G2A AO For Class I PenaltiesThis Adminstrative Order requires restoration of wetlands to pre-project conditions.06-2010-2716 NORTHERN PUEBLOS

AGENCY, BIA07/08/2010 CWA 309A AO For Compliance

Cease discharge, restoration, revegetate.06-2010-2717 RAUSCH COLEMAN SEVENTY

SIX LLC02/19/2010 CWA 309A AO For Compliance

Ordered the removal of fill material discharge into an unnamed creek and the restoration thereof.06-2010-2722 DR. FRANK GRADY 08/05/2010 CWA 309A AO For ComplianceCease discharge of dredged and/or fill material; submit a plan to the EPA for the restoration of impacted wetlands; implement the plan within 30 days following EPA sapproval. 06-2010-2730 KENNETH SESSIONS 07/15/2010 CWA 309A AO For Compliance





SummaryDischarge of fill material into wetlands. Ordered to restore, replant, control invasives, submit monitoring reports, and provide a long-range management plan.06-2010-2869 GRIGGS AND WALNUT 10/15/2009 CERCLA 106 AO For Resp Action/Imm HazCERLCA 106 Unilateral Administrative Order for Remedial Design06-2010-2871 BRINE SERVICES 10/21/2009 CERCLA 122A/104A Agrmt For RI/FSAdministrative Order on Consent for Remedial Investigtion and Feasibility Study06-2010-2873 SAN JACINTO RIVER WASTE

PITS11/11/2009 CERCLA 106 AO For Resp Action/Imm Haz

Unilateral Administrative Order for Remedial Investigation/Feasibility Study06-2010-2874 COFFEYVILLE RESOURCES

REFINING & MARKETING. LLC11/19/2009 CERCLA 122h Agrmt For Cost Recovery

Agreement for Recovery of Past Response Costs06-2010-2875 DEVIL'S SWAMP 12/03/2009 CERCLA 104E5A AO For Access And/Or InfoUnilateral Administrative Order for Remedial Investigation/Feasibility Study06-2010-2875 DEVIL'S SWAMP 12/03/2009 CERCLA 106 AO For Resp Action/Imm HazUnilateral Administrative Order for Remedial Investigation/Feasibility Study06-2010-2879 R & H OIL TROPICANA ENERGY 03/03/2010 CERCLA 122A/104A Agrmt For RI/FSAdministrative Settlement Agreement an Order on Consent for Remedial Investigation and Feasbility Study06-2010-2880 COCO RESOURCES SITE 04/01/2010 CERCLA 106 AO For Resp Action/Imm HazUUnilateral Administrative Order for Removal Response Activities06-2010-2910 CAMERON INERNATIONAL


failure to report MSDS sheets and TIER II forms to proper agencies06-2010-2911 BALON CORPORATION 03/10/2010 EPCRA 325 Action For PenaltyFailure to submit MSDS sheets and Tier II information06-2010-2912 WEYERHAEUSER COMPANY 03/10/2010 CERCLA 109 Action For Penaltyfailure to report a release06-2010-2914 CUMMINS INC 03/10/2010 EPCRA 325 Action For PenaltyFailure to report MSDS sheets





Summary06-2010-2915 AQUA OPERATIONS INC., DBA

AQUA TEXAS INC03/10/2010 EPCRA 325 Action For Penalty

Failure to submit Tier II forms06-2010-2916 DIAMOND-KOCH, LP 03/10/2010 CERCLA 109 Action For Penaltyfailure to report a release06-2010-2917 LP NORTH AMERICA

DISTRIBUTION, INC03/10/2010 EPCRA 325 Action For Penalty

Failure to submit Tier II forms06-2010-2918 KOCH HYDROCARBON, LP 03/10/2010 CERCLA 109 Action For Penaltyfailure to notify the NRC for a release06-2010-2918 KOCH HYDROCARBON, LP 03/10/2010 EPCRA 325 Action For Penaltyfailure to notify the NRC for a release06-2010-2919 BP PRODUCTS NORTH

AMERICA03/10/2010 CERCLA 109 Action For Penalty

failure to report releases06-2010-2919 BP PRODUCTS NORTH

AMERICA03/10/2010 EPCRA 325 Action For Penalty

failure to report releases06-2010-2923 FRITO-LAY, INC 03/24/2010 EPCRA 325 Action For Penaltyfailure to file inventory reports06-2010-3301 LEHIGH CEMENT WACO PLANT 01/22/2010 CAA 113A Admin Compliance Order (Non-Penalty)Order is issued based on information that the Lehigh Cement Company provided EPA and TCEQ regarding the company's efforts to return to compliance after idlingand restarting it's kiln. The violation is failure to timely conduct a dioxin/Furan performance test. Synopsis of what Lehigh is ordered to do: Lehigh shall complete theD/F performance testing required by the permit and 40 CFR no later than 2-28-2010. Lehigh shall submit written notificaiton to EPA/TCEQ within 7 days aftercompleting the requirements above. Lehigh shall conduct the next scheduled performance test (30) thirty months from the performance test conducted under thisorder, in August 2012.06-2010-3302 LAFARGE NORTH AMERICA 04/19/2010 CAA 113A Admin Compliance Order (Non-Penalty)Order is issued based on information LaFarge provided to the EPA and ODEQ regarding the company's proposed schedule for returning KILN #2 to compliance afterand idel period.06-2010-3303 FDA NCTR 05/03/2010 Federal Facility Agreements





SummaryPermits violated, facility in the process of closing down the incinerator. EPA & FDA agreed and signed the FFCA that outlines schedule for closure of above. 06-2010-3308 CITGO CORPUS CHRISTI EAST 07/09/2010 CAA 113D1 Action For PenaltyCAFO issued against facility related to the 7-28-09 fire at its East Plant #2 Alkylation Unit. Pollutant reported is HF.06-2010-3311 WEST JOHNSON COUNTY GAS

PLANT(DEVON GAS SERVICESL.P.)


Inspection conducted, AO Issued, facility required to fix, repair, replace the leaking components as noted in enclosed AO.06-2010-3509 GREENVILLE TUBE COMPANY 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3510 PIONEER FROZEN FOODS 12/22/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3511 LONE STAR BAKERY PLANT

NO. 202/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3512 PACIFIC COAST COMMERICIAL

PROPERTIES05/28/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan. (Revised)06-2010-3513 AGE REFINING, INC. 12/22/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3514 ST. MARTIN PARISH WATER


Failed to comply with the regulations of the Risk Managemeng Plan.06-2010-3515 BERWICK/BAYOU VISTA JOINT

WATERWORKS03/24/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3516 IBERIA PARISH SEWERAGE

DISTRICT #101/28/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3517 OUACHITA FERTILIZER






SummaryFailed to comply with the regulations of the Risk Management Plan.06-2010-3518 MORTON INTERNATIONAL

ADVANCED MATERIALS04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3519 THERCHEM CORP. 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan06-2010-3521 HARRIS COUNTY WCID #1

WASTEWATER PLANT01/28/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3522 EXEL, INC., LA PORTE SENS

ROAD FACILITY06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3523 JACINTO CITY CITY OF 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3527 ASHLAND DISTRIBUTION


Failed to comply with the regulations of the Risk Management Plan.06-2010-3528 HUNTER PANELS LLC 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3529 BEN E. KEITH COMPANY 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3530 SIGMA PROCESSED MEATS 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3531 DEL CITY CITY OF WATER


Failed to comply with the regulations of the Risk Management Plan.06-2010-3532 CHELFORD CITY MUD 04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFail to comply with the regulations of the Risk Management Plan.





Summary06-2010-3534 SHAWNEE CITY OF WATER


Failed to comply with the regulations of the Risk Management Plan.06-2010-3535 VERSACOLD 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3536 TARGA RESOURCES, INC.

GILLIS GAS PLANT02/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3537 TARGA DOWNSTREAM LP,

HACKBERRY STORAGE01/28/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3538 DALLAS CITY OF ELM FORK

WATER TREATMENT PLANT02/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3539 O. K. FOODS, INC. 01/21/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3540 BROKEN ARROW CITY OF

WATER TREATMENT PLANT02/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3541 HAYES MINERALS 19 NO. 1

PRODUCTION FACILITY04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with regulations of the Risk Management Plan.06-2010-3542 MUSKOGEE CITY OF

POLLUTION CONTROL PLANT04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3543 ENTERPRISE PRODUCTS

PROPYLENE SPLITTER III02/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3544 BASF BEAUMONT PLANT 04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.





Summary06-2010-3545 SCHWAN'S GLOBAL SUPPLY

CHAIN02/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3546 CLEBURNE CITY OF



Failed to comply with the regulations of the Risk Management Plan.06-2010-3548 DCP MIDSTREAM BLACK

DIAMOND PLANT04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plant.06-2010-3549 MABANK CITY OF WATER


Failed to comply with the regulations of the Risk Management Plan.06-2010-3550 EAST BATON ROUGE PARISH

NORTH WASTEWATERTREATMENT PLANT


Failed to comply with the regulations of the Risk Management Plan.06-2010-3552 JW OPERATING COMPANY,

HIGHWAY 5 FACILITY03/18/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3553 JW OPERATING COMPANY -

CADDO PORT DEHY FACILITY03/18/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3554 JW OPERATING COMPANY -

RED CHUTE JT03/18/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3555 COALGATE GAS PROCESSING

PLANT - KAHUNA OPERATING03/18/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with regulations of the Risk Management Plan.





Summary06-2010-3557 BOGALUSA CITY OF



Failed to comply with the regulations of the Risk Management Plan.06-2010-3558 GE BETZ, INC. 04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with regulations of the Risk Management Plan.06-2010-3562 GEORGIA GULF CHEMICALS &

VINYLS, LLC06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan. (Revised ESA)06-2010-3563 NOCS WEST GULF 04/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3566 HEB COMBO WAREHOUSE &

PRODUCE FACILITY05/27/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3567 LA MARQUE CITY OF WEST

WASTEWATER TREATMENTFACILITY


Failed to comply with the regulations of the Risk Management Plan.06-2010-3568 CHAMPION TECHNOLOGIES

FRESNO FACILITY05/27/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3569 PILGRIM'S PRIDE WACO

POULTRY PROCESSING PLANT06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3571 CHAMPION TECHNOLOGIES'

ODESSA PLANT06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3572 INEOS USA 06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.





Summary06-2010-3573 JEFFERSON PARISH WEST

BANK WTP06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3574 WEST MEMORIAL MUD



Failed to comply with the regulations of the Risk Management Plan.06-2010-3575 MEMORIAL VILLAGES WATER

AUTHORITY WWTP06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3576 CHEMTURA CORPORATION -

TAFT06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3578 SOUTH COAST TERMINALS 06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3579 AMERICOLD FORT WORTH -

MEACHAM #7519506/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3580 SHIN ETSU SILICONES OF

AMERICA06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Failed to comply with the regulations of the Risk Management Plan.06-2010-3588 MILK PRODUCTS 06/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFailed to comply with the regulations of the Risk Management Plan.06-2010-3699 LABATT FOOD SERVICES 06/30/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramAudit Disclosure NOD06-2010-4301 DEMCO OIL & GAS COMPANY

(MERTZ 12-34 AND LINDA H 5BATTERY)


Failed to develop/implement a/their SPCC Plan.





Summary06-2010-4302 PARKER #5 - 33 LEASE

(DEMCO OIL & GAS COMPANY)12/17/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failed to develop/implement a/their SPCC Plan.06-2010-4303 DEMCO OIL & GAS COMPANY 12/17/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their Spill Prevention Control and Countermeasure Plan.06-2010-4304 AEXCO PETROLEUM, INC.

(SMYRES #1 TANK BATTERY)12/17/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their Spill Prevention Control and Countermeasure Plan.06-2010-4305 PRESSURE PUMPING, LLC 12/17/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their Spill Prevention and Countermeasure Plan. 06-2010-4306 CUSHING BULK STORAGE

TERMINAL (LIONEL HARRIS OILCOMPANY)


Failure to develop/implement a/their Spill Prevention control and Countermeasure Plan.06-2010-4307 PILGREEN FUEL & FARM

SUPPLY12/07/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4308 HARBOR BAY MARINA

(STONEWOOD INVESTMENTS)02/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4310 CHANDLERS LANDING MARINA

(MARINE QUEST)03/02/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4311 CALI #1 (DOLBERRY ENERGY

RESOURCES CORP.)03/01/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4312 JOE FREEMAN LEASE (BASA

RESOURCES)02/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.





Summary06-2010-4313 ARROWHEAD YACHT CLUB &

MARINA03/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4314 THUNDER BAY MARINA 03/11/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4315 SNAKE CREEK MARINA, LLC 03/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailed to develop/implement a/their SPCC Plan.06-2010-4317 NO. 9 MARINA 02/17/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4318 COLE'S EVERGREEN MARINA 02/17/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4319 DUCHESS CREEK MARINA 03/10/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their/ SPCC Plan.06-2010-4320 JA MARRS OIL COMAPNY

(SALO FULSOM FELIX A & BTANK BATTERY)


Failed to develop/implement a/their SPCC Plan.06-2010-4321 BELLE STAR MARINA 04/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4322 TAYLOR FERRY MARINA &

RESORT07/21/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4323 PARADISE COVE MARINA 03/01/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4324 PINE NO. C-1 TANK BATTERY 03/22/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4325 CHAPMAN RANCH WATER

STATION (LINK OIL COMPANY)03/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.





Summary06-2010-4326 CHAPMAN LEASE TANK

BATTERY03/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4327 DORIS TANK BATTERY 03/17/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4328 O. D. MCGEE TANK BATTERY 03/17/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4329 HARBOR ONE MARINA 04/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4330 LAKE COUNTRY MARINA 04/13/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4331 TEXOMA MARINA AND RESORT 04/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4332 EAST CENTRAL TANK

BATTERY04/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4333 IRENE SHERRIN 4-T 04/19/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4334 IRENE SHERRIN

COMPRESSOR STATION04/19/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4335 DAUGHTERY #3 SWD 04/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4336 J. D. BROCK A TANK BATTERY

(REMCO SERVICES)04/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4338 PATE GAS UNIT - TB NO. 2 05/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4339 EISENHOWER YACHT CLUB 05/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program





SummaryFailure to develop/implement a/their SPCC Plan.06-2010-4340 LIGHTHOUSE RESORT &

MARINA05/20/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4341 ALEX RAMEY CENTRAL TB 04/19/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4342 YTURRIA CATTLE COMPANY

TANK BATTERY04/19/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4343 HAMILL & HAMILL LEASE 05/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4345 MARY ANN CANNON LEASE

(JAM OIL)05/20/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4346 OVERTON CADE LEASE 06/07/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4347 CADE HEIRS TANK BATTERY 06/07/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4348 ROBERTS & MUELLER

(HOUSTON OIL PRODUCINGENTERPRISES)


Failure to develop/implement a/their SPCC Plan.06-2010-4350 MCFADDIN STATE TRUST TB

(PAPCO)05/20/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4351 Z K PETROLEUM 06/07/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4352 Z K PETROLEUM 06/07/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.





Summary06-2010-4353 Z K PETROLEUM 06/07/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4354 LYNN CREEK MARINA 07/14/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFailure to develop/implement a/their SPCC Plan.06-2010-4355 ENERGY PARTNERS, EAST

BAY FIELD05/05/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their SPCC Plan.06-2010-4501 LINN ENERGY, LLC 12/17/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's July 30, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Big Hominy Creek and adjoining shorelines andtherefore, was in a quanity that has been determined may be harmful.06-2010-4502 SHERIDAN PRODUCTION

COMPANY, LLC01/07/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's July 01, 2009, discharge of oil from its faiclity caused a sheen upon or discoloration of the surface of the Mill Creek and adjoining shorelines andtherefore, as in a quantity that has been determined may be harmful.06-2010-4503 MERIDIAN RESOURCES 03/03/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's October 4, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the wetland area adjacent to unnamed oilfieldcanals and adjoining shroelines and therefore, was in a quantity that has been determined may be harmful.06-2010-4504 ENBRIDGE TEXAS GATHERING

PIPELINE03/03/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's November 19, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Sandstone Creek and adjoiningshorelines and therefore, was in a quantity that has been determined may be harmful.06-2010-4505 LINK OIL COMPANY 04/19/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramRespondent's December 24, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the unnamed tributary of Birch Creek andadjoining shorelines and therefore, was in a quantity that has been determined may be harmful.06-2010-4506 ALLEN BROTHERS 05/06/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's September 2, 2009, dischrge of oil from its facility caused a sheen upon or discolorationof the surface of the James Bayou and adjoining shorelines andtherefore, was in a quantity that has been determined may be harmful.





Summary06-2010-4507 UNION PACIFIC 05/06/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Respondent's September 24, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Panther Creek and adjoining shorelinesand therefore, was in a quantity that has been determined may be harmful.06-2010-4511 TEXAS BLENDING &

WAREHOUSINGCORPORATION

05/20/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (RegionallyApproved)

Respondent's December 25, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Hunting Bayou and adjoining shorelinesand therefodre, was in a quantity that has been determined may be harmful.06-2010-4801 TEPPCO 11/05/2009 CWA 311B6B1 AO For Class I PenaltyRespondent's April 28, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Cedar Bayou and adjoining shorelines andtherefore, was in a quantity that has been determined may be harmful.06-2010-4802 ROBERSON OIL COMPANY,

INC.01/28/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Failure to develop/implement a/their Spill Prevention Control and Countermeasure Plan.06-2010-4803 NEW DOMINION LLC 03/03/2010 CWA 311B6B1 AO For Class I PenaltyRespondent's April 29, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Cherry Creek; thence the North CanadianRiver and adjoining shorelines and therefore, was in a quantity that has been determined may be harmful.06-2010-4809 BLUE STONE NATURAL

RESOURCES07/28/2010 CWA 311B6B1 AO For Class I Penalty

Respondent's December 14, 2009, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the and adjoining shorelines and therefore,was in a quantity that has been determined may be harmful.06-2010-4851 PATTERSON UTI DRILLING 05/06/2010 CWA 311B6B1 AO For Class I PenaltyRespondent's September 7, 2007, discharge of oil from its facility caused a sheen upon or discoloration of the surface of the Grassy Creek and adjoining shoreline andtherefore, was in a quantity that has been determined may be harmful.06-2010-6119 ERVAY RESIDENTIAL LIMITED

PARTNERSHIP06/25/2010 TSCA 16 Action For Penalty

Compliant and Consent Agreement and Final Order issued.06-2010-9201 UNISON INDUSTRIES 06/16/2010 EPCRA 325 Action For PenaltyClosed out





Summary06-2010-9202 TYSON FOODS - THE PORK

GROUP06/16/2010 CWA 309A AO For Compliance

Closed06-2010-9203 HUBER ENERGY, LP 06/16/2010 CWA 309A AO For ComplianceClosed06-2010-N001 WINNSBORO, TOWN OF -

WWTP (PERMIT LAL020281)ADMINISTRATIVE ORDER


Comments MIGAR-5447 ENTERGY ARKANSAS -

HARVEY COUCH (AR0000493)CAO


AR-5449 A.JONES INVESTMENTS, LLCENFORCEMENT ACTION


AR-5466 TYSON FOODS, INC. - RIVERVALLEY (AR0042455) CAO


AR-5497 WHITE MT. VIEW ESTATES(ARR152095) CAO


AR-5900 SUSAN EVANS (ARU000910)CAO


AR-5980 PLAINVIEW, CITY OF(AR0049344) CAO 09-117


Repeated SSO's indicative of I&I problems.AR-5998 RUSSELLVILLE CITY CORP

(AR0021768) CAO12/25/2009 State Administrative Order of Consent





Summary1. 90 reported SSOs since 4/9/2006 (all SEVs covered under CAO 06-114) 2. 102 numeric effluent violations since 04/01/2006 3. Failure to submit NCRs 4. Improper analysis and invalid samples noted during 05/21/2007 inspectionAR-6020 RUSTOWN HOMES, INC-

KRESTWOOD ESTATES(ARR10C780) CAO


AR-6026 MAURILIO DURAN-AUTOSALVAGE YARD (ARR000484/ARU000913) CAO


UNPERMITTED INDUSTRIAL STORMWATER SITE (AUTO SALVAGE YARD) OPERATED BY MAURILIO DURAN. FAILED TO RESPOND TO INSPECTOR'S LETTERS. OBTAINED COVERAGE UNDER GENERAL PERMIT ARR00000 (TRACKING NUMBER ARR000484) ON 03/31/2009.AR-6065 CRYE-LEIKE PROPERTY

MANAGEMENT(ARR152695)CAO


AR-6074 DANVILLE, CITY OF(AR0022241) CAO


AR-6151 RECTOR, CITY OF (AR0021911)CAO


AR-6254 TAIPANIC INVESTMENTGROUP, LLC (ARR152707) CAO


AR-6267 GREG ALSHIRE (ARU000919)CAO






SummaryAR-6359 HAROLD E. CRYE REVOCABLE

LIVING TRUST(ARR153037)CAO


AR-6369 STONEHENGE SUBDIVISION(ARR153034) CAO


AR-6379 QUICK LAY PIPE, LLC(ARU000915) CAO


AR-6401 MINERAL SPRINGS, CITY OF-WWTP (AR0021261) CAO 10-029


Inspection on 10/20/2009 found evidence of discharges of wastewater from two manholes. The permittee failed to notify the Department of these SSOs.AR-6414 DANNY MALLETT (ARF610248)

CAO08/10/2010 State Administrative Order of Consent

AR-6415 CHAR-LOU ESTATES PHASES 3(ARR151626) CAO


AR-6420 PLEASANT VIEW VILLAGEESTATES SUBDIVISION(ARR153110) CAO


AR-6465 DYESS, CITY OF (AR0039047)CAO


AR-6468 PERRYVILLE, CITY OF(AR0020125) CAO


AR-6483 MASTER MADE TANKS, INC.(ARR00A621) CAO






Summary

AR-6508 NORTHWOOD CREEK, LLC(ARR152504) CAO


LA-123 02/05/2010 State CWA Non Penalty AO

LA-MMAO1000166

MMAO1000166 02/24/2010 State CWA Non Penalty AO

AO Written For Interim Limits.LA-MMC080052 MMC080052 11/02/2009 State CWA Non Penalty AOFail To Apply For Permit; Fail To Develop SPC Plan. Rescission Letter Dated 06/01/2010.LA-MMC090081 MMC090081 11/30/2009 State CWA Non Penalty AODischarge Without A Permit. Violations Clear Letter Dated 3/15/2010.LA-MMC090083 MMC090083 03/08/2010 State CWA Non Penalty AOFail To Maintain Records; Improper O&M; Inaccurate DMRs; Fail To Submit DMRs; Fail To Sample; Effluent Violations; Fail To Develop SPC Plan.LA-MMC090084 MMC090084 03/08/2010 State CWA Non Penalty AOFail To Apply For Permit; Fail To Develop SPC PlanLA-MMC090096 MMC090096 03/02/2010 State CWA Non Penalty AODischarge Without A PermitLA-MMC090097 MMC090097 03/19/2010 State CWA Non Penalty AOFail To Apply For PermitLA-MMC090107 MMC090107 05/18/2010 State CWA Non Penalty AODischarge Without A Permit.LA-MMC090111 MMC090111 05/12/2010 State CWA Non Penalty AODischarge Without A Permit; Incomplete Application; Fail To Develop Adequate SPC Plan.LA-MMC1000130

MMC1000130 06/01/2010 State CWA Non Penalty AO

Fail To Develop Adequate SPC Plan.





SummaryLA-MMCN090027

MMCN090027 02/04/2010 State CWA Non Penalty AO

Discharge Without A Permit; Fail To Apply For Permit.LA-MMCN090043


Fail To Monitor; Fail To Implement BMPs.LA-MMCN090073


Unauthorized DischargeLA-MMCN090087


Fail To Develop SPC PlanLA-MMCN090089


Effluent Violations, Fail To Submit NCR, Fail To Implement SWPPP, Fail To Sample, Inaccurate DMR, Late DMRLA-MMCN090090


Discharge Without A Permit. Hearing Request Granted 4/28/2010.LA-MMCN090098


Unauthorized Discharge; Fail To Implement BMPs; Fail To Maintain Records; Fail To Submit DMRs; Fail To Notify Of Name Change.LA-MMCN090099


Discharge Without A Permit; Late Permit Renewal Application; Fail To Sample; Fail To Submit DMRs.LA-MMCN090109


Fail To Notify Of Unauthorized Discharge; Fail To Implement BMPs; Fail To Implement SWPPP; Fail To Conduct Inspections; Fail To Maintain Records; Fail ToReview And Evaluate SPC Plan.LA-MMCN090110






SummaryFail To Submit DMRs; Improper O&MLA-MMCN090113


Fail To Prepare SPC Plan; BMP Deficiencies; Fail To Apply For Permit.LA-MMCN1000075


Fail To Implement SWPPP; Effluent Violations; Fail To Sample; Lab Error; Late DMRs.LA-MMCN1000179


Industrial Spill, Fail To Implement SPC Plan, Fail To Initiate Remedial Response, Fail To Develop Adequate SPC Plan, Fail To Conduct Inspections, Fail To Notify.LA-MMCN1000220


Discharge Without A Permit; Fail To Apply For Permit.LA-MMCN1000343


Fail To Apply For Permit.LA-MMCN1000823


Industrial Spill; Fail To Remediate.LA-MMP090038 MMP090038 10/20/2009 State CWA Penalty AOFail To Apply For PermitLA-MMXP1000077

MMXP1000077 05/18/2010 State Administrative Order of Consent

Fail To Apply For Permit.LA-MMXP1000385


Fail To Apply For Permit.LA-MMXP1000434


Fail To Implement Adequate SPC.





SummaryLA-MMXP1000668


Fail To Implement Adequate SPC Plan.LA-N00018870 WECN080559 11/12/2009 State CWA Non Penalty AOEFF VIOLS;NCR VIOLS;RPT VIOLS. WECN080559A amends WECN080559 by adding effluent violations, deleting fail to submit DMR for 6/30/2008, adding failtoxicity test, adding fail to submit monthly DMRs, adding fail to submit summary tables, adding late DMRs. WECN080559B amends WECN080559A by addingeffluent violations, adding fail to submit NCR, adding fail toxicity, adding fail to submit 12/31/2008 TX1Q DMR, and deleting fail to submit monthly DMRs.LA-N00018870 WECN080559 05/12/2010 State CWA Non Penalty AOEFF VIOLS;NCR VIOLS;RPT VIOLS. WECN080559A amends WECN080559 by adding effluent violations, deleting fail to submit DMR for 6/30/2008, adding failtoxicity test, adding fail to submit monthly DMRs, adding fail to submit summary tables, adding late DMRs. WECN080559B amends WECN080559A by addingeffluent violations, adding fail to submit NCR, adding fail toxicity, adding fail to submit 12/31/2008 TX1Q DMR, and deleting fail to submit monthly DMRs.LA-N00019013 WECN080314 03/31/2010 State CWA Non Penalty AOAPR102408 ADR120708 EFF VIOLS;NCR VIOLS;PERMIT VIOL OF CONCERN. Hearing Request Granted 12/04/2009. WECN080314A amends WECN080314 byadding effluent violations and deleting an effluent violation. Violations Clear Letter Dated 6/24/2010.LA-N00019114 WECN070566 02/04/2010 State CWA Non Penalty AOAPR012009 ADR022309 DIS W/O PERMIT. WECN070566A amends WECN070566 by changing file review date. Hearing Request Granted 5/4/2010.LA-N00019417 WECN090137 02/24/2010 State CWA Non Penalty AOIMPROPER O&M;SPC VIOLS;EFF VIOLS. WECN090137A amends WECN090137 by adding effluent violations and changing schedule dates.LA-SAWE080007

SAWE080007 10/09/2009 State Administrative Order of Consent

Initial settlement signed 11/24/2008 addressed violations stated in settlement and violations addressed in WECN050028. Final settlement signed 10/9/2009. LA-SAWE090007


Initial Settlement signed 7/30/2009 addressed violations stated in settlement and violations addressed in WECN070258. Final Settlement Signed 11/18/2009.LA-SAWE090011


Initial settlement signed 7/13/09 includes violations addressed in settlement and violations addressed in WECN050294. Final settlement signed 11/5/09.LA-SAWE090040


Initial settlement signed 12/16/09 addressed violations stated in settlement and violations addressed in WECN060417. Final Settlement Signed 5/19/2010.





SummaryLA-SAWE090043


Initial settlement signed 11/24/2009 addressed violations stated in settlement & violations addressed in WEP900135. Final Settlement Signed 4/26/2010.LA-WEAO090254

WEAO090254 11/13/2009 State CWA Non Penalty AO

AO Written For Interim Limits.LA-WEAO1000018

WEAO1000018 06/01/2010 State Administrative Order of Consent

AO Written For Construction ScheduleLA-WEAO1000104

WEAO1000104 02/04/2010 State CWA Non Penalty AO

AO Written To Address Silicate Concentrations/Reverse Osmosis Treatment System.LA-WEC030505 WEC030505 03/18/2010 State CWA Non Penalty AOEffluent Violations; Fail To Sample.LA-WEC040072 WEC040072 03/19/2010 State CWA Non Penalty AOEffluent Violations; Inaccurate DMRs; Fail To Submit DMR.LA-WEC040199 WEC040199 05/12/2010 State CWA Non Penalty AODischarge Without A Permit; Late Permit Application; Fail To Submit DMRs 1/31/2000-12/31/2008; Effluent Violations 11/30/1999-7/31/2003; Fail To Submit NCR11/30/1999-7/31/2003; Fail To Monitor 6/30/2000-6/30/2003; Inaccurate DMRs 7/31/1999-12/31/1999; Late DMRs 7/31/1999-9/30/2009.LA-WEC070120 WEC070120 06/01/2010 State CWA Non Penalty AOEffluent Violations 10/31/2000-10/31/2009; Fail To Submit NCRs; Discharge Without A Permit; Late Permit Application; Late DMRs; Inaccurate DMRs.LA-WEC070615 WEC070615 03/08/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit; Inadequate SWPPP.LA-WEC080196 WEC080196 02/09/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080205 WEC080205 03/18/2010 State CWA Non Penalty AODischarge Without A PermitLA-WEC080262 WEC080262 06/15/2010 State CWA Non Penalty AOEffluent Violations 1/31/01-6/30/09; Overflows 1/2/04-8/16/08; Improper O&M.





SummaryLA-WEC080308 WEC080308 03/08/2010 State CWA Non Penalty AOLate Permit Application; Fail To Sign MWPP; Late DMR; Fail To Submit DMRs; Inaccurate DMR; Overflow; Improper O&M.LA-WEC080369 WEC080369 02/25/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For A Permit.LA-WEC080371 WEC080371 02/09/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080386 WEC080386 06/01/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080407 WEC080407 03/19/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080451 WEC080451 03/19/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For A Permit. Hearing Request Granted 5/05/2010.LA-WEC080458 WEC080458 04/15/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080481 WEC080481 04/16/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080499 WEC080499 06/09/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080501 WEC080501 03/18/2010 State CWA Non Penalty AOEffluent Violations 3/31/2004-12/31/2007; Inaccurate DMRs.LA-WEC080537 WEC080537 03/18/2010 State CWA Non Penalty AOFail To Sample; Fail To Sumbit DMRs 7/31/2003-09/30/2009; Inaccurate DMRs 12/31/2003-12/31/2008; Effluent Violations 12/31/2005-12/31/2008; Fail To SubmitNCRs 12/31/2005-12/31/2008. LA-WEC080565 WEC080565 03/08/2010 State CWA Non Penalty AOEffluent Violations 12/31/2001-5/31/2008; Fail To Maintain SWPPP 3/20/2007LA-WEC080606 WEC080606 03/08/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC080620 WEC080620 03/08/2010 State CWA Non Penalty AO





SummaryDischarge Without A Permit; Fail To Apply For Permit.LA-WEC080637 WEC080637 03/08/2010 State CWA Non Penalty AOEffluent Violations; Fail To Submit DMRLA-WEC080647 WEC080647 03/18/2010 State CWA Non Penalty AODischarge Without A Permit; Late Permit Renewal Application; Effluent Violations; Fail To Submit NCRs; Fail To Submit DMRs; Late DMRs; Inaccurate DMRs.LA-WEC090007 WEC090007 02/09/2010 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit. Extension Letter Dated 3/15/2010.LA-WEC090030 WEC090030 10/12/2009 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC090094 WEC090094 03/08/2010 State CWA Non Penalty AOEffluent Violations 1/31/2003-4/30/2006; Unauthorized Discharge; Improper O&M; Fail To Submit DMRs.LA-WEC090173 WEC090173 02/24/2010 State CWA Non Penalty AOEffluent Violations; Fail to Submit NCR; Fail to Sample; Bypass; Unauthorized Discharge 7/11/01-12/22/08; Overflows 4/30/01-3/31/09; Fail to Monitor; ImproperAnalysis; Fish Kill; Improper O&M 4/17/01-5/29/02. Hearing Request Granted 10/14/2009. Extension Letter Dated 2/9/2010. WEC090173A amends WEC090173 byadding effluent violations, inspection, bypasses, overflows, fish kills, lab error, fail to monitor, fail to maintain records, and adding schedule. Extension Letter Dated3/31/2010.LA-WEC090176 WEC090176 05/06/2010 State CWA Non Penalty AOEffluent Violations; Incomplete DMRs. WEC090176A amends WEC090176 by adding effluent violations.LA-WEC090189 WEC090189 02/09/2010 State CWA Non Penalty AOFail To Develop SPC, Industrial Spill, Fail To Remediate.LA-WEC090192 WEC090192 11/23/2009 State CWA Non Penalty AOEffluent Violations; Late DMR. WEC090192A amends WEC090192 by adding effluent violations. Violations Clear Letter Dated 4/19/2010.LA-WEC090201 WEC090201 10/02/2009 State CWA Non Penalty AODischarge Without A Permit; Fail To Apply For Permit.LA-WEC090283 WEC090283 11/20/2009 State CWA Non Penalty AOFail To Apply For Permit; Construction Schedule To End 113010. WEC090283A amends WEC090283 by updating file review date and adding inspection for onefacility and by changing schedule dates.LA-WEC090283 WEC090283 04/15/2010 State CWA Non Penalty AO





SummaryFail To Apply For Permit; Construction Schedule To End 113010. WEC090283A amends WEC090283 by updating file review date and adding inspection for onefacility and by changing schedule dates.LA-WEC090292 WEC090292 03/18/2010 State CWA Non Penalty AOImproper O&M; Late DMRs; Inaccurate DMRs; Effluent Violations. Extension Letter Dated 4/26/2010.LA-WEC090333 WEC090333 02/11/2010 State CWA Non Penalty AOEffluent Violations; Inaccurate NCR; Inaccurate DMR.LA-WEC090335 WEC090335 02/10/2010 State CWA Non Penalty AOEffluent Violations; Exceedences Of Design Capacity; OverflowsLA-WEC090336 WEC090336 02/10/2010 State CWA Non Penalty AOEffluent Violations; Incomplete NCR; Overflows; Improper O&M; Fail To Sample; Fail To Submit Biomonitoring Summary SheetsLA-WEC1000345

WEC1000345 05/12/2010 State CWA Non Penalty AO

Overflow, Spill, Improper O&M, Effluent Violations, Late DMR, Fail To Report.LA-WEC1000349


Inaccurate DMRs; Effluent Violations; Fail To Submit NCRs.LA-WEC1000455


Order Written For Schedule To Eliminate Produced Water Discharge.LA-WEC1000465


Order Written For Schedule To Eliminate Produced Water Discharge.LA-WECN021121

WECN021121 12/08/2009 State CWA Non Penalty AO

Fail To Submit DMRs; Unauthorized Discharge; Fail To Sample.LA-WECN040308


Effluent Violations 1/31/2001-9/30/2009; Fail To Submit NCR 1/31/2001-9/30/2009; Improper O&M; Inaccurate DMR 1/31/2001-9/30/2009; Late Permit Application.Extension Letter Dated 1/14/2010.





SummaryLA-WECN060271B

WECN060271B 11/18/2009 State CWA Non Penalty AO

Amends WECN060271A By Adding Effluent Violations And Adding Overflows.LA-WECN060271C

WECN060271C 05/12/2010 State CWA Non Penalty AO

WECN060271C amends WECN060271B by adding effluent violations and overflows.LA-WECN060380


Fail To Sample; Fail To Submit DMRsLA-WECN060426


Improper Analysis; Unauthorized Discharge; Fail To Sample; Effluent Violations.LA-WECN070095


Discharge Without A Permit; Fail To Apply For PermitLA-WECN070260


Fail To Maintain Records; Effluent Violations; Fail To Submit NCRs; Inaccurate NCR; Fail To Sample.LA-WECN070272


Fail To Maintain Records, Discharge Without A Permit, Late Permit Application.LA-WECN070486


Fail To Apply For Permit; Fail To Install BMPs; Discharge Without A Permit.LA-WECN080029


Discharge Without A Permit; Fail To Apply For Permit.LA-WECN080112B

WECN080112B 05/12/2010 State CWA Non Penalty AO

Amends WECN080112A by adding compliance schedules.





SummaryLA-WECN080153


Effluent Violations; Improper O&M; Inaccurate DMRs; Improper Analysis; Fail To Implement SPC Plan; Unrepresentative Sample; Unauthorized Discharge; Fail ToImplement SWPPP; Fail To Sample; Fail To Monitor; Late DMR.LA-WECN080276


Effluent Violations; Fail To Submit NCR; Fail To Submit MWPP Annual Environmental Audit Report; Late Permit Renewal ApplicationLA-WECN080442


Fail To Submit DMRs; Fail To Monitor; Fail To Sample; Inaccurate DMR; Fail To Submit Progres Reports; Effluent Violations; Discharge Without A Permit; Late PermitApplication; Fail To Submit Letter Of Financial Security.LA-WECN080443


Discharge Without A Permit; Late Permit Renewal App; Fail To Conduct Inspections; Fail To Submit DMRs; Fail To Sample; Effluent Violations; Fail To Submit NCR;Inaccurate DMR; Fail To Maintain Records.LA-WECN080521


Bypass, Fish Kill, Fail To Submit DMRs 3/31/03-9/30/05, SSOs 11/21/04-4/21/08.LA-WECN080602


Effluent Violations; Fail To Submit NCRs; Inaccurate NCRs; Improper Analysis; Inaccurate DMRs. Extension letter dated 12/17/2009. Extension letter dated 3/5/2010.LA-WECN090050


Unauthorized Discharges 03/12/2003-05/27/2008, Fail To Sample 05/13/1998-03/31/2008, Fail To Submit DMRs 05/13/1998-03/31/2010; Fail To Monitor; Fail ToMaintain Records.LA-WECN090060


SSO, Improper O&M, Fail to Notify, Fail to Submit DMRs, Effluent Violations. WECN090060A amends WECN090060 by adding overflows, improper o&m, fail tonotify, fail to remediate, fail to submit DMRs, and submit evidence of decontamination.LA-WECN090073






SummaryDischarge Without A Permit; Numeric Effluent Violations; Fail To Submit NCR; Incomplete NCR; Fail To Submit DMR; Late DMR; Inaccurate DMR; Fail To MeasureFlow; No Flow Measuring Device; Late Permit Application; Fail To Apply For Permit; Unauthorized Discharge; Fail To Maintain Records; Fail To Sample; ImproperOperation And MaintenanceLA-WECN090108


Fail To Notify; Overflows; Improper O&M; Effluent Violations; Inaccurate DMRs; Fail To Submit Biomonitoring Summary Tables; Fail To Submit DMRs.LA-WECN090111


Fail to Submit Pretreatment Semiannual and Baseline Reports; Fail to Apply for Permit. WECN090111A amends WECN090111 by deleting fail to submit pretreatmentsemiannual and baseline reports, adding permit information, and deleting schedules. WECN090111 was issued to LAU006142. WECN090111A was issued toLAG533092.LA-WECN090160


Unauthorized Discharge; Fish Kill; Fail To Monitor; Fail To Notify; Improper O&M. Extension Letter Dated 11/9/2009.LA-WECN090196


Overflow, Unauthorized Bypass, Violation Of Milestone In An Order, Fail To Submit DMRs, Schedule Violations.LA-WECN090199


Unauthorized Discharge, Fail To Remediate In A Timely Manner, Inaccurate DMRs.LA-WECN090202


Unauthorized Bypass; Fail To Notify Of Bypass; Failed Toxicity; Fail To Increase Biomonitoring Frequency; Fail To Submit Biomonitoring Summary Tables; ImproperAnalysis; Inaccurate DMR; Fail To Submit DMR.LA-WECN090213


Industrial Spill; Unauthorized Discharge; Fish Kill; Effluent Violations; Fail To Submit Biomonitoring Summary Sheets; Fail To Implement SPC Plan; Fail To ImplementSWPPP; Fail To Monitor; Improper O&M; Inaccurate DMR; Lab Error.LA-WECN090221


Fail To Submit Biomonitoring Summary Sheets; Invalid Sample; Improper Analysis; Fail To Maintain Records; Inaccurate DMR; Late DMR.







Overflows, Improper Operation & Maintenance, Fail To Notify, Effluent Violations, Fail To Submit NCR, Fail To Submit DMR, Inaccurate DMRs. Extension LetterDated 1/8/2010.LA-WECN090243


Fail To Submit DMRs, Fail To Respond To Order, Unauthorized Discharge.LA-WECN090255


Unauthorized Bypass 1/30/2001-2/18/2004; Fail To Maintain Records 10/5/2000-11/02/2000; Improper Analysis 1/30/2001-11/13/2006; Incorrect Reporting3/31/2000-5/31/2000; Fail To Sample; Fail To Submit DMRs; Fail To Submit NCRs; Fail To Notify Of Exceedence; Fail To Submit Summary Tables. Extension LetterDated 1/7/2010.LA-WECN090256


Effluent Violations, Inaccurate NCR, Late DMRs, Overflows, Improper O&MLA-WECN090257


Effluent Violations, Overflows, Fail To SampleLA-WECN090306


Effluent Violations, Fail To Submit NCR, Inaccurate DMR, Fail To Submit DMRs, Fail To Monitor, Improper O&M, Overflow, Discharge Without A Permit, UnauthorizedDischarge, Sampling ViolationLA-WECN090308


Fail To Implement SWPPP.LA-WECN090310


Discharge Without A Permit; Fail To Maintain BMPs.LA-WECN090315


Effluent Violations, Improper Analysis, Fail To Submit Biomonitoring Summary Tables.







Effluent Violations, Improper Analysis, Fail To Submit Biomonitoring Summary Tables.LA-WECN090331


Effluent Violations, Fail To Submit NCR, Fail To Submit Timely Permit Renewal Application, Fail To Develop SWPPP, Fail To Complete Environmental Audit Report,Improper O&M, Fail To Sample, Inaccurate DMRs, Fail To Maintain Records. LA-WECN090334


Fail To Report; Effluent Violations; Overflows; Improper O&M.LA-WECN090334


Fail To Report; Effluent Violations; Overflows; Improper O&M.LA-WECN1000272


Effluent Violations; Inaccurate DMR.LA-WECN1000329


Late Permit Application; Discharge Without A Permit; Effluent Violations; Fail To Submit NCR; Inaccurate DMR; Fail To Sample; Fail To Monitor; Fail To SubmitDMRs.LA-WECN1000344


Effluent Violations; Inaccurate NCR; Fail To Develop SWPPP; Fail To Maintain Records; Fail To Submit DMRs; Inaccurate DMR; Fail To Submit BiomonitoringSummary Tables.LA-WECN1000346


Effluent Violations; Improper O&M.LA-WECN1000348


Unauthorized Discharge; Invalid Sample; Fail To Maintain Records; Fail To Acquire Stand-by Power; Improper O&M; Late Permit Application.







Effluent Violations; Fail To Submit NCR; Fail To Sample; Late DMRs.LA-WECN1000351


Effluent Violations; Fail To Submit NCR; Improper O&M; Fail To Submit NCR; Inaccurate DMR.LA-WECN1000606


No Flow Measurement Device; Effluent Violations 2/29/00-5/31/09; Fail To Submit NCRs 2/29/00-5/31/09; Fail To Sample 2/29/00-5/31/09; Fail to Monitor6/30/00-4/14/10; Inaccurate DMRs 12/31/01-4/14/10; Late DMRs1/31/03-12/31/04; Fail To Submit DMRs 6/30/02-12/31/09; Unauthorized Bypass; Improper O&M; FailTo Notify Of Bypass; Fail To Notify Of Overflow; Improper Analysis; Fail To Apply For Permit.LA-WECN1000870


Effluent Violations, Inaccurate NCR, Late DMRsLA-WEP080547 WEP080547 10/20/2009 State CWA Penalty AOFail To Apply For Permit. Hearing Request Granted 12/14/2009.LA-WEP090011 WEP090011 10/20/2009 State CWA Penalty AOFail To Apply For PermitLA-WEP090017 WEP090017 10/06/2009 State CWA Penalty AOFail To Apply For PermitLA-WEP090166 WEP090166 10/20/2009 State CWA Penalty AOFail To Apply For PermitLA-WEP090234 WEP090234 06/24/2010 State CWA Penalty AOFail To Apply For Permit.LA-WEXP1000060

WEXP1000060 04/06/2010 State Administrative Order of Consent

Fail To Apply For Permit.LA-WEXP1000253


Fail To Submit DMRs 8/31/2002-12/31/2009.





SummaryLA-WEXP1000271


Fail To Comply With Any Portion Of The PermitLA-WEXP1000361






Fail To Apply For Permit.LA-XPWE040015

XPWE040015 11/23/2009 State Administrative Order of Consent

Fail To Submit DMRsLA-XPWE070365


Fail To Develop SWPPPLA-XPWE080195


Fail To Develop SPC Plan; Fail To Apply For Permit.LA-XPWE090067


Industrial SpillsLA-XPWE090096


Fail To Comply With Any Portion Of The Permit.LA-XPWE090113


Fail To Implement SWPPP





SummaryLA-XPWE090249


Fail To Develop SWPPPLA-XPWE090250


Fail To Maintain BMPs; Fail To Conduct Inspections.LA-XPWE090272




Fail To Comply With Any Portion Of The PermitLA-XPWE090278

XPWE090278 06/15/2010 State CWA Non Penalty AO

Fail To Submit DMRs.LA-XPWE090279


Fail To Comply With PermitLA-XPWE090280


Fail To Apply For PermitLA-XPWE090281






Fail To Submit DMRs





SummaryLA-XPWE090293






Fail To Develop SPC PlanLA-XPWE090340




Effluent Violations; Fail To Submit DMRsLA-XPWE090370


Incomplete Permit ApplicationLA-XPWE090371




Industrial Spill; Fail To Implement SPC Plan.LA-XPWE1000491


Fail To Apply For Permit.OK-01-085 B CITY OF VINITA 06/22/2010 State CWA Non Penalty AO

OK-06-220 A CITY OF SAPULPA 03/11/2010 State Administrative Order of Consent





Summary

OK-06-220 B CITY OF SAPULPA 06/29/2010 State Administrative Order of Consent

OK-07-217 A CITY OF MUSKOGEE 07/23/2010 State CWA Non Penalty AO

OK-07-312(B) CO 07-312(B) 06/18/2010 State CWA Non Penalty AO

OK-07-385(A) CITY OF LAWTON - CO 07-385(A)


OK-08-013(A) CO 08-013(A) 07/20/2010 State CWA Non Penalty AO

OK-08-265 A CITY OF CLAREMORE 03/05/2010 State Administrative Order of Consent

OK-09-202 ARDMORE PUBLIC WORKSAUTHORITY - CO 09-202


This CO covers 214 single event SSO/bypass event violations occurring between the dates of 1/3/08 and 6/20/09OK-09-213 HOBART PUBLIC WORKS

AUTHORITY - CO 09-21312/03/2009 State CWA Non Penalty AO

OK-09-270 OKLAHOMA CITY - SOUTHCANADIAN - CO


OK-10-005 BROKEN ARROW MUNICIPALAUTHORITY


OK-10-006 OKLAHOMA CITY - SOUTHCANANDIAN - CO 10-006






SummaryOK-10-036 CITY OF OWASSO 03/03/2010 State Administrative Order of Consent

OK-10-039 WAGONER PUBLIC WORKSAUTHORITY


OK-10-042 CITY OF ENID 02/24/2010 State CWA Penalty AO

OK-10-053 CITY OF SAPULPA 03/17/2010 State Administrative Order of Consent

OK-10-055 GLENPOOL UTILITY SERVICESAUTHORITY


OK-10-057 IDABEL - CO 10-057 04/24/2010 State Administrative Order of Consent

OK-10-060 CITY OF CLAREMORE 03/12/2010 State Administrative Order of ConsentREPLACES CO 05-436,05-436 (A), 05-436 (B)OK-10-094 JAY UTILITIES AUTHORITY 04/30/2010 State Administrative Order of Consent

OK-10-164 CITY OF ENID 06/29/2010 State CWA Penalty AO

OK-10-203 OKC - DEER CREEK - CO10-203


OK-68000010-10-1

SEQUOYAH FUELS CORP. NOV03/29/2010


OK-S-11303-10-1

LAWTON - NOV S-11303-10-1 04/16/2010 State CWA Non Penalty AO





SummaryOK-S-11514-10-1

CITY OF ALTUS - S-11514-10-1 08/02/2010 State CWA Non Penalty AO

OK-S-20403-09-1

JENKS PUBLIC WORKSAUTHORITY


FECAL VIOLATIONSOK-S-20430-09-1

GLENPOOL UTILITY SERVICESAUTHORITY


OK-S-20466-10-1

CITY OF SAPULPA 03/24/2010 State CWA Non Penalty AO

OK-S-20557-09-2

CITY OF SEMINOLE - NOVS-20557-09-2


OK-S-20931-09-1

CITY OF ENID 01/05/2010 State CWA Non Penalty AO

OK-S-20931-10-1

CITY OF ENID 04/16/2010 State CWA Non Penalty AO

OK-S-20968-09-1

OKC - CHISHOLM CREEK - NOVS-20968-09-1


OK-S-20970-10-1

S-20970-10-1 05/26/2010 State CWA Non Penalty AO

OK-S-21310-09-1

CITY OF OWASSO 11/25/2009 State CWA Non Penalty AO





SummaryOK-S-21506-10-1

CITY OF CLAREMORE 07/23/2010 State CWA Non Penalty AO

OK-S-23528-09-2

OKC - SOUTH CANADIAN - NOVS-23528-09-2





Summary07-2004-0319 WESTAR ENERGY, INC 03/26/2010 Civil Judicial ActionFAILURE TO COMPLY WITH PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS.07-2005-0018 LAFARGE NORTH AMERICA,


PSD VIOLATIONS FOR SO2 LIKELY AT 11 OF THE 13 CEMENT KILNS LAFARGE OPERATES NATIONWIDE AS PETCOKE-COALIS USED - GLOBALSETTLEMENT PROCESS ALLOWS FOR THE APPLICATION OF POTENTIAL AIR POLLUTION CONTROLS ON THE THREE PLANTS IN REGION 7.07-2005-0392 ST GOBAIN CONTAINERS, INC


ST GOBAIN MADE PHYSICAL CHANGES TO THEIR PEVELY PLANT, WHICH EPA BELIEVES RESULTED IN EMISSIONS INCREASES. THESE CHANGESINCLUDE, ENLARGING A FURNACE, ADDING OXYGEN BURNERS, AND CONVERTING TO OXYFUEL.07-2006-0214 SILGAN CONTAINERS

CORPORATION (NATIONALCASE)


PSD VIOLATIONS FOR EMISSIONS OF VOCS AT ST JOSEPH, MISSOURI FACILITY; MINOR PERMIT VIOLATIONS AT FT DODGE, IOWA FACILITY AND MTVERNON, MISSOURI FACILITY.07-2007-0204 TRI COUNTY AIRPORT SITE 04/02/2010 Civil Judicial ActionTHIS IS A COST RECOVERY REFERRAL TO BE FILED AGAINST RAYTHEON AIRCRAFT COMPANY FOR THE COSTS EPA HAS INCURRED RELATING TOTHE TRI COUNTY AIRPORT SITE IN HERRINGTON, KANSAS. EPA'S COSTS ARE APPROXIMATELY 3M.





Summary07-2007-0236 MIDWEST RENEWABLE

ENERGY, LLC (MRE)12/28/2009 Civil Judicial Action

REFERRAL ADDRESSES VIOLATIONS OF THE NEBRASKA AIR QUALITY REGULATIONS TITLE 129, CHAPTERS 7, 17 AND 41, AND THEREFOREVIOLATIONS OF AN APPLICABLE SIP APPROVED BY EPA PURSUANT TO SECTION 110 OF THE CLEAN AIR ACT. THE REFERRAL ALSO SETS FORTHVIOLATIONS OF NSPS, SPECIFICALLY 40 CFR PART 60, SUBPARTS KB, VV, AND DC; SECTION 112(R) OF THE CAA AND 313 OF EPCRA.07-2007-0250 KANEB PIPELINE OPERATING

PARTNERSHIP, LP, A NUSTARENERGY LP COMPANY


FAILURE TO DEVELOP AND IMPLEMENT FRP AT EIGHT FACILITIES.07-2008-0278 CITY OF WEST POINT 10/15/2009 Civil Judicial ActionTHIS REFERRAL RECOMMENDS THAT A CIVIL LAWSUIT BE FILED AGAINST THE CITY OF WEST POINT, NEBRASKA (CITY) FOR VIOLATIONS OFNATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS ISSUED TO THE CITY BY THE NEBRASKA DEPARTMENT OFENVIRONMENTAL QUALITY (NDEQ), PURSUANT TO SECTION 402 OF THE CLEAN WATER ACT ( THE ACT OR CWA ), 33 U.S.C. § 1342. THIS REFERRALALSO RECOMMENDS THAT CLAIMS BE FILED AGAINST TWO FACILITIES THAT ARE USERS OF THE CITY S PUBLICALLY OWNED TREATMENT WORKS(POTW) FOR VIOLATIONS OF SECTION 307 OF THE CWA, 33 U.S.C. 1317 AND 40 C.F.R. PART 403 ( THE GENERAL PRETREATMENT REGULATIONS ). CONTINUED IN SENSITIVE COMMENT AREA---07-2008-0278 CITY OF WEST POINT 01/07/2010 Civil Judicial ActionTHIS REFERRAL RECOMMENDS THAT A CIVIL LAWSUIT BE FILED AGAINST THE CITY OF WEST POINT, NEBRASKA (CITY) FOR VIOLATIONS OFNATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS ISSUED TO THE CITY BY THE NEBRASKA DEPARTMENT OFENVIRONMENTAL QUALITY (NDEQ), PURSUANT TO SECTION 402 OF THE CLEAN WATER ACT ( THE ACT OR CWA ), 33 U.S.C. § 1342. THIS REFERRALALSO RECOMMENDS THAT CLAIMS BE FILED AGAINST TWO FACILITIES THAT ARE USERS OF THE CITY S PUBLICALLY OWNED TREATMENT WORKS(POTW) FOR VIOLATIONS OF SECTION 307 OF THE CWA, 33 U.S.C. 1317 AND 40 C.F.R. PART 403 ( THE GENERAL PRETREATMENT REGULATIONS ). CONTINUED IN SENSITIVE COMMENT AREA---07-2008-0278 CITY OF WEST POINT 05/19/2010 Civil Judicial ActionTHIS REFERRAL RECOMMENDS THAT A CIVIL LAWSUIT BE FILED AGAINST THE CITY OF WEST POINT, NEBRASKA (CITY) FOR VIOLATIONS OFNATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS ISSUED TO THE CITY BY THE NEBRASKA DEPARTMENT OFENVIRONMENTAL QUALITY (NDEQ), PURSUANT TO SECTION 402 OF THE CLEAN WATER ACT ( THE ACT OR CWA ), 33 U.S.C. § 1342. THIS REFERRALALSO RECOMMENDS THAT CLAIMS BE FILED AGAINST TWO FACILITIES THAT ARE USERS OF THE CITY S PUBLICALLY OWNED TREATMENT WORKS(POTW) FOR VIOLATIONS OF SECTION 307 OF THE CWA, 33 U.S.C. 1317 AND 40 C.F.R. PART 403 ( THE GENERAL PRETREATMENT REGULATIONS ). CONTINUED IN SENSITIVE COMMENT AREA---07-2009-0050 FIVESTAR REALTY, INC 11/23/2009 TSCA 16 Action For PenaltyRESPONDENT FAILED TO DISCLOSE LEAD BASED PAINT HAZARDOUS INFORMATIONAL PAMPHLET.





Summary07-2009-0054 HUNTE KENNEL SYSTEMS AND

ANIMAL CARE, INC12/21/2009 FIFRA 14A Action For Penalty

RESPONDENT OFFERED FOR SELL AND SOLD MISBRANDED PESTICIDES ND PESTICIDES PRODUCED IN AN UNREGISTERED ESTABLISHMENT.07-2009-0130 MID AMERICAN COACHES, INC 02/23/2010 CWA 311B6B2 AO For Class II PenaltyADMINISTRATIVE PENALTY ORDER WITH A PROPOSED PENALTY OF $157,500.07-2009-0193 STILWELL OIL COMPANY 01/22/2010 CWA 311B6B2 AO For Class II PenaltyRESPONDENT, DUE TO AMOUNT OF OIL STORED AND PROXIMITY TO A WATER OF THE UNITED STATES, WAS REQUIRED TO PREPARE A SPCC PLAN.RESPONDENT HAD NO SPCC PLAN OR ANY ADEQUATE SECONDARY CONTAINMENT OF ITS OIL TANKS.07-2009-0214 CHARGER, INC AND ALL

FAMILY CRAFT, INC01/19/2010 CAA 113D1 Action For Penalty

RESPONDENT VIOLATED 40 CFR PART 63, SUBPART VVVV. 07-2009-0274 CLEAN HARBORS

ENVIRONMENTAL SERVICES,INC


RESPONDENT VIOLATED RCRA REQUIREMENTS BY INADEQUATE CONTAINER MANAGEMENT; STORAGE OF INCOMPATIBLE WASTE; FAILURE TOMINIMIZE THE POSSIBILITY OF RELEASE OF HAZARDOUS WASTE TO THE ENVIRONMENT; FAILURE TO MAKE HAZARDOUS WASTE DETERMINATIONS;FAILURE TO MAINTAIN SECONDARY CONTAINMENT; FAILURE TO PROPERLY MANAGE RECEIVED HAZARDOUS WASTE; AND IMPROPER CONTROL OFAIR EMISSIONS FROM HAZARDOUS WASTE TANKS. THE COMPLAINT PROPOSES A PENALTY OF $204,362.07-2009-0291 SPIRIT AEROSYSTEMS, INC 07/13/2010 RCRA 3008A AO For Comp And/Or PenaltyRESPONDENT OFFERED HAZARDOUS WASTE FOR TRANSPORT WITHOUT A HAZARDOUS WASTE MANIFEST; FAILED TO CONDUCT A HAZARDOUSWASTE DETERMINATION; AND OPERATED AS A TREATMENT, STORAGE OR DISPOSAL FACILITY WITHOUT A RCRA PERMIT OR RCRA INTERIM STATUS.07-2010-0001 FLOYD E MITCHELL 10/15/2009 TSCA 16 Action For PenaltyRESPONDENT FAILED TO PROVIDE THE LEAD BASED PAINT PAMPHLET AND COMPLETE PROPER DISCLOSURES PRIOR TO OBLIGATION.07-2010-0002 CITY OF MEXICO 10/02/2009 CWA 309A AO For ComplianceRESPONDENT FAILED TO IMPLEMENT ITS APPROVED PRETREATMENT PROGRAM BY FAILING TO PROPERLY TRAIN STAFF AND ENSURE PROPERSAMPLING, REPORTING AND ENFORCEMENT.07-2010-0003 OAK GROVE VILLAGE WELL

SUPERFUND SITE; MERAMECGROUP, INC


UNILATERAL ADMINISTRATIVE ORDER FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY ISSUED ON 10/02/2009.





Summary07-2010-0004 OAK GROVE VILLAGE WELL

SUPERF; CITY OF SULLIVAN10/02/2009 CERCLA 106 AO For Resp Action/Imm Haz

UNILATERAL ADMINISTRATIVE ORDER FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY FILED/ISSUED ON 10/02/2009.07-2010-0004 OAK GROVE VILLAGE WELL

SUPERF; CITY OF SULLIVAN10/02/2009 CERCLA 122A/104A Agrmt For RI/FS

UNILATERAL ADMINISTRATIVE ORDER FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY FILED/ISSUED ON 10/02/2009.07-2010-0005 CANTERBURY FARM CENTER 10/20/2009 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L).07-2010-0006 RELIABLE

BIOPHARMACEUTICALCORPORATION


FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORM (FORM R) FOR REPORTING YEAR 2007.07-2010-0007 AIR LIQUIDE INDUSTRIAL US

LP10/07/2009 CAA 113D1 Action For Penalty

SELF DISCLOSURE OF FAILURE TO IMMEDIATELY NOTIFY THE NATIONAL RESPONSE CENTER OF RELEASES OF AMMONIA; AND FAILURE TO SUBMIT ARISK MANAGEMENT PLAN.07-2010-0008 MATCOR METAL FABRICATION 10/08/2009 EPCRA 325 Action For PenaltySELF DISCLOSURE OF FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORMS.07-2010-0009 APAC MISSOURI, INC 10/08/2009 EPCRA 325 Action For PenaltySELF DISCLOSURE OF FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORM R FOR 2008.07-2010-0010 ELKHORN VALLEY ETHANOL


SELF DISCLOSURE OF FAILURE TO PREPARE AND SUBMIT A FACILITY RESPONSE PLAN TO EPA.07-2010-0011 FARMERS COOP ELEVATOR

CO10/19/2009 FIFRA 14A Action For Penalty

VIOLATION OF FIFRA 12(A)(2)(L).07-2010-0012 LEAVENWORTH

WATERWORKS, PLANT #110/19/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE RISK MANAGEMENT PLAN IN ACCORDANCE WITH REGULATIONS.07-2010-0013 LAMBETH SALVAGE YARD 10/01/2009 CWA 309A AO For Compliance





SummaryTHIS ORDER REQUIRES RESPONDENT TO IMMEDIATELY DEVELOP AND IMPLEMENT A PLAN DESCRIBING BEST MANAGEMENT PRACTICESRESPONDENTS WILL USE TO PREVENT FURTHER DISCHARGES OF OIL AND OTHER POLLUTANTS FROM THE FACILITY TO ROCK CREEK; IDENTIFY ALLSOLID AND HAZARDOUS WASTES CURRENTLY BEING GENERATED AT THE FACILITY; RESTRICT ACCESS TO AREAS WHERE OIL, SOLID ANDHAZARDOUS WASTES HAVE BEEN DISPOSED AT THE FACILITY; OBTAIN A NPDES PERMIT; DEVELOP A SITE CHARACTERIZATION PLAN TO DETERMINEWHERE HAZARDOUS WASTES HAVE BEEN DISPOSED AT THE FACILITY; INCLUDING AN INVESTIGATION TO DETERMINE THE EXTENT OF OFF-SITEMIGRATION OF WASTE; AND CLEAN-UP OF THE PROPERTY AND ANY CONTAMINATED SURROUNDING AREAS AS NECESSARY.07-2010-0013 LAMBETH SALVAGE YARD 10/01/2009 RCRA 7003 AO For Imminent HazardTHIS ORDER REQUIRES RESPONDENT TO IMMEDIATELY DEVELOP AND IMPLEMENT A PLAN DESCRIBING BEST MANAGEMENT PRACTICESRESPONDENTS WILL USE TO PREVENT FURTHER DISCHARGES OF OIL AND OTHER POLLUTANTS FROM THE FACILITY TO ROCK CREEK; IDENTIFY ALLSOLID AND HAZARDOUS WASTES CURRENTLY BEING GENERATED AT THE FACILITY; RESTRICT ACCESS TO AREAS WHERE OIL, SOLID ANDHAZARDOUS WASTES HAVE BEEN DISPOSED AT THE FACILITY; OBTAIN A NPDES PERMIT; DEVELOP A SITE CHARACTERIZATION PLAN TO DETERMINEWHERE HAZARDOUS WASTES HAVE BEEN DISPOSED AT THE FACILITY; INCLUDING AN INVESTIGATION TO DETERMINE THE EXTENT OF OFF-SITEMIGRATION OF WASTE; AND CLEAN-UP OF THE PROPERTY AND ANY CONTAMINATED SURROUNDING AREAS AS NECESSARY.07-2010-0014 ARPS RED E MIX 10/23/2009 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0015 HELENA CHEMICAL COMPANY 10/27/2009 CAA 113D1 Action For PenaltyFAILURE TO IMPLEMENT AND MAINTAIN ADEQUATE RISK MANAGEMENT PLAN.07-2010-0016 KANZA COOPERATIVE

ASSOCIATION10/28/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

FAILURE TO IMPLEMENT AND MAINTAIN RISK MANAGEMENT PLAN IN ACCORDANCE WITH REGULATIONS.07-2010-0017 CITY OF ALTA, IOWA 10/27/2009 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0018 CITY OF KANSAS CITY,

MISSOURI11/03/2009 CWA 309A AO For Compliance

FINDINGS OF VIOLATION, ORDER FOR COMPLIANCE ISSUED FOR VIOLATIONS OF NPDES PERMIT.07-2010-0019 FRES CO SYSTEM USA, INC 11/02/2009 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS FOR FAILURE TO SUBMIT AND COMPLETE ACCURATE TOSICCHEMICAL RELEASE REPORTING FORM (FORM R) FOR REPORTING YEAR 2007.07-2010-0020 KEOKUK STEEL CASTINGS 11/02/2009 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORMS FORREPORTING YEARS 2004-2008.





Summary07-2010-0021 ABENTOA BIOENERGY OF

NEBRASKA11/02/2009 EPCRA 325 Action For Penalty

NOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF FAILURE TO SUBMIT HAZARDOUS CHEMICAL INVENTORY FORMS TIER II FORREPORTING YEARS 2007 AND 2008.07-2010-0022 MGP INGREDIENTS, INC 11/02/2009 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSED FOR SELF DISCLOSURE OF FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORMS FOR REPORTINGYEARS 2006 AND 2007.07-2010-0023 WE MAC MANUFACTURING CO 11/02/2009 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORMS FORREPORTING YEARS 2004 THROUGH 2008.07-2010-0024 MAHLE FILTER SYSTEMS

NORTH AMERICA INC11/02/2009 EPCRA 325 Action For Penalty

NOTICE OF DETERMINATION ISSUED FOR FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORMS FOR YEARS 2005 THROUGH 2007.07-2010-0025 NOX-CRETE MANUFACTURING,


NOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORMS FORREPORTING YEAR 2007.07-2010-0026 IRWIN INDUSTRIAL TOOLS 11/04/2009 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE REPORTING FORMS FORREPORTING YEAR 2008.07-2010-0027 BASF CORPORATION 11/05/2009 FIFRA 14A Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF MISBRANDING AND PRODUCTION OF AN UNREGISTERED PESTICIDE.07-2010-0028 PLATTE VALLEY FEEDERS, LLC 11/10/2009 CWA 309A AO For ComplianceADMINISTRATIVE COMPLIANCE ORDER REQUIRING COMPLIANCE WITH THE NPDES PERMIT REQUIREMENTS RELATED TO LAND APPLICATIONPRACTICES.07-2010-0029 JAX LIMITED COMPANY, LLC 11/16/2009 TSCA 16 Action For PenaltyFAILURE TO NOTIFY/PROVIDE LEAD BASED PAINT HAZARD INFORMATIONAL PAMPHLET.07-2010-0030 FUTURE FOAM, INC 11/16/2009 EPCRA 325 Action For PenaltyFAILURE TO SUBMIT TOXIC CHEMICAL RELEASE INVENTORY FORMS.





Summary07-2010-0031 OSMOND FARM SUPPLY

CENTER, INC11/16/2009 CAA 113D1 Action For Penalty

FAILURE TO IMPLEMENT/MAINTAIN RISK MANAGEMENT PLAN.07-2010-0032 VICTOR OIL COMPANY 11/20/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0034 INTERCON CHEMICAL


VIOLATION OF FIFRA REQUIREMENTS.07-2010-0035 COWHERD CONSTRUCTION

COMPANY, INC11/24/2009 TSCA 16 Action For Penalty

FAILURE TO NOTIFY - LEAD BASED PAINT INFORMATIONAL PAMPHLET.07-2010-0036 OLDHAMS LLC 11/30/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0037 KRUSEMARK AG, INC 12/01/2009 FIFRA 14A Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER FILED FOR VIOLATIONS OF FIFRA 12(A)2(L).07-2010-0038 OAKWOOD PROPERTY

GROUP, LLC11/24/2009 TSCA 16 Action For Penalty

RESPONDENT WILL PAY A MITIGATED PENALTY OF $1,000 FOR FAILURE TO PROVIDE LESSEE WITH RECORDS OR REPORTS PERTAINING TO LEADBASED PAINT HAZARDS. THE $1,000 TAKES INTO ACCOUNT THE RESPONDENTS ABILITY TO PAY CLAIM DETERMINATION.07-2010-0039 BRUMBAUGH, INC 12/03/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE RISK MANAGEMENT PLAN.07-2010-0040 ATT CORPORATION 12/09/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0041 FARMLAND FOODS, INC 12/09/2009 CAA 113D1 Action For PenaltyCONSENT AGREEMENT AND FINAL ORDER FILED TO SETTLE VIOLATIONS OF CAA SECTION 110.07-2010-0042 MANATTS, INC; IDOT; LARRY

REYNOLDS12/10/2009 CWA 309A AO For Compliance

RESPONDENT FILLED IN WATERS OF THE U.S. WITHOUT OBTAINING A SECTION 404 PERMIT FROM THE CORPS.07-2010-0043 CONAGRA FOODS 12/10/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





SummaryFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE RISK MANAGEMENT PLAN.07-2010-0044 STEVEN W BLOSSER 12/10/2009 TSCA 16 Action For PenaltyFARESPONDENT FAILED TO COMPLY WITH THE RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT BY FAILING TO DISCLOSE LEAD BASEDPAINT INFORMATION AND BY FAILING TO PROVIDE LEAD HAZARD INFORMATION PAMPHLET.07-2010-0045 ARMOUR ROAD; BORAX, INC 04/12/2010 Civil Judicial ActionTHIS IS A CONSENT DECREE FOR THE PERFORMANCE OF REMEDIAL INVEWSTIGATION AND FEASIBILITY STUDY FOR THE ARMOUR ROADSUPERFUND SITE IN NORTH KANSAS CITY TO BE PERFORMED BY US BORAX, INC.07-2010-0046 ANDERSON ERICKSON DAIRY 11/23/2009 CAA 113D1 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF CAA 112R VIOLATIONS.07-2010-0047 WEBER & SONS BUTTON CO,


NOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS.07-2010-0048 PAXTON & VIERLING STEEL


NOTICE OF DETERMINATION FILED FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS.07-2010-0049 ATT CORPORATION 12/21/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0051 WOODBRIDGE CORPORATION 12/21/2009 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS.07-2010-0052 NUCOR LMP, INC 12/21/2009 CAA 113D1 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF CAA 112 VIOLATIONS.07-2010-0054 NUSSER OIL COMPANY 06/10/2010 CWA 311B6B2 AO For Class II PenaltyRESPONDENT FAILED TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PLAN.07-2010-0055 MILAN LIVESTOCK AUCTION,

INC12/29/2009 CWA 309A AO For Compliance

RESPONDENT AND/OR PERSONS ACTING ON ITS BEHALF AND USING EARTH MOVING EQUIPMENT, AUTHORIZED AND/OR DIRECTED THE DISCHARGEOF DREDGED OR FILL MATERIAL INCLUDING, BUT NOT LIMITED TO, DIRT, SPOIL, ROCK, AND SAND, INTO APPROXIMATELY 17 ACRES OF WETLANDS.ADDITIONALLY, RESPONDENT, USING EARTH MOVING EQUIPMENT, CHANNELIZED APPROXIMATELY 590 LINEAR FEET OF EAST LOCUST CREEK.07-2010-0056 NR HAMM QUARRY, INC;

KELLY QUARRY #9512/29/2009 CWA 309A AO For Compliance





SummaryVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0057 CITY OF WINDSOR HEIGHTS #1 12/30/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ORDER ISSUED TO CORRECT PERMIT VIOLATIONS. RESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPALSEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH NPDES PERMIT.07-2010-0058 CITY OF NORWALK 12/30/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ORDER ISSUED TO CORRECT PERMIT VIOLATIONS. RESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPALSEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH NPDES PERMIT.07-2010-0059 CITY OF WATERLOO 12/30/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ISSUED TO CORRECT PERMIT VIOLATIONS. RESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPALSEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH NPDES PERMIT.07-2010-0060 CITY OF ASBURY 12/30/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ISSUED TO CORRECT PERMIT VIOLATIONS. RESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPALSEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH NPDES PERMIT.07-2010-0061 CITY OF COUNCIL BLUFFS 12/30/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ISSUED TO CORRECT PERMIT VIOLATIONS. RESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPALSEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH NPDES PERMIT.07-2010-0062 CITY OF EVANSDALE 12/30/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ISSUED TO CORRECT PERMIT VIOLATIONS. RESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPALSEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH NPDES PERMIT.07-2010-0063 CITY OF RAYMOND 12/30/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ISSUED TO CORRECT PERMIT VIOLATIONS. RESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPALSEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH NPDES PERMIT.07-2010-0064 AMERICAN RESORTS

COTTAGE OWNERSASSOCIATION


FINDINGS OF VIOLATION ISSUED TO CORRECT NPDES PERMIT VIOLATIONS.07-2010-0065 CITY OF OSAWATOMIE 12/28/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ISSUED TO CORRECT NPDES PERMIT VIOLATIONS.07-2010-0066 WAYNE B SMITH 01/11/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.





Summary07-2010-0067 NATIONAL RAILROAD

PASSENGER CORP (AMTRAK01/04/2010 RCRA 3008A AO For Comp And/Or Penalty

NOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF RCRA VIOLATIONS.07-2010-0068 MID AMERICAN ENERGY


NOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS.07-2010-0069 WEST POINT DAIRY

PRODUCTS, LLC01/13/2010 EPCRA 325 Action For Penalty

NOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS.07-2010-0070 MORAN BEEF, INC 01/13/2010 CWA 309A AO For ComplianceRESPONDENT FAILED TO APPLY FOR A NPDES PERMIT FOR HIS CAFO AND DISCHARGED TO A WATER OF THE US WITHOUT A PERMIT.07-2010-0071 OMAHA TRIBAL UTILITIES,

MACY OMAHA TRIBE OFNEVRASKA

01/15/2010 SDWA 1431 AO For Imm. Hazard

EMERGENCY ORDER ISSUED PURSUANT TO SECTION 1431 OF THE SDWA.07-2010-0072 ROCKWELL LABS, LTD 01/20/2010 FIFRA 14A Action For PenaltyENFORCEMENT ACTION TO ADDRESS MULTIPLE SALES OF UNREGISTERED OR ADULTERATED PESTICIDES. MULTIPLE LEANING PRODUCTS WERESOLD IN CONJUNCTION WITH PESTICIDAL CLAIMS.07-2010-0073 SUBURBAN PROPERTIES, LLC 01/20/2010 TSCA 16 Action For PenaltyFAILURE TO PROVIDE LEAD BASED PAINT INFORMATIONAL PAMPHLET.07-2010-0074 MGK INC, ET AL 01/13/2010 TSCA 16 Action For PenaltyFAILURE TO PROVIDE LEAD BASED PAINT INFORMATIONAL PAMPHLET.07-2010-0075 SAFE SPACE COMPANY, LLC 01/15/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalSTOP SALE, USE, OR REMOVAL ORDER ISSUED ON 11/25/09 FOR FIFRA LABELING VIOLATIONS.07-2010-0076 VAPCO PRODUCTS DIVISION

GARMAN COMPANY11/23/2009 FIFRA 13A AO For Stop Sale,Use,Or Removal

SSURO ISSUED ON 11/23/09 FOR FIFRA LABELING VIOLATIONS.07-2010-0078 COFFEYVILLE RESOURCES

REFINING & MARKETING, LLC01/13/2010 CERCLA 122h Agrmt For Cost Recovery





SummaryAGREEMENT FOR RECOVERY OF PAST RESPONSE COSTS FILED ON 1/13/10 RELATED TO OVERSIGHT OF A RESPONSE RESULTING FROM OFF-SPECPROPANE.07-2010-0079 CITY OF JOPLIN 12/10/2009 CWA 309A AO For ComplianceFINDINGS OF VIOLATION FILED FOR VIOLATIONS OF NPDES PERMIT.07-2010-0080 ARTESIAN ICE & COLD

STORAGE01/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

FAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0081 MISSOURI DEPT OF

TRANSPORTATION; MDOT01/25/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0082 TREXCON, INC 01/25/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0084 CROSSROADS GENERAL

STORE02/01/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0085 ANAMOSA STATE

PENITENTIARY02/01/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0086 CITY OF FARMINGTON 02/01/2010 CWA 309A AO For ComplianceFINDINGS OF VIOLATION SNA ORDER FOR COMPLIANCE FILED 2/1/10 TO CORRECT NPDES PERMIT VIOLATIONS.07-2010-0088 BRAD POLLEMA DBA BRAD

POLLEMA FEEDLOT02/08/2010 CWA 309A AO For Compliance

ADMINISTRATIVE COMPLIANCE ORDER REQUIRING COMPLIANCE WITH THE CWA BY CEASING DISCHARGES TO THE WATERS OF THE UNITEDSTATES.07-2010-0089 JOEL SCHUITEMAN DBA

SCHUITEMAN FEEDLOTS02/09/2010 CWA 309G2A AO For Class I Penalties

CONSENT AGREEMENT AND FINAL ORDER FILED ON 2/9/10 REQUIRING RESPONDENT TO PAY A PENALTY OF $25,000.07-2010-0090 CNH 02/09/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0091 SEABEE CORPORATION 02/09/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program





SummaryFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0092 EXPRESS MART 02/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILURE TO CONDUCT REQUIRED TESTING.07-2010-0093 BP PN MART 02/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILURE TO OPERATE AND MAINTAIN CORROSION PROTECTION SYSTEM; FAILURE TO INSPECT CP SYSTEM; NO LOG OF RECTIFIER INSPECTION;AND FAILURE TO PROVIDE OVERFILL PROTECTION.07-2010-0094 PRESTO CONOCO 02/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILURE TO SECURE MONITORING WELL; FAILURE TO CONDUCT ANNUAL LINE TIGHTNESS TEST; AND FAILURE TO CONDUCT ANNUAL FUNCTIONTEST ON LINE LEAK DETECTOR.07-2010-0095 FARMERS COOP 02/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILURE TO PROVIDE SPILL PREVENTION; DIE TANK.07-2010-0096 DOLEZAL MOTOR COMPANY 02/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramFAILURE TO CONDUCT TTT ON 2,000 GALLON TANK.07-2010-0097 RIVER PRODUCTS COMPANY,

INC02/01/2010 CWA 309A AO For Compliance

FAILURE TO INSTALL BEST MANAGEMENT PRACTICES; AND INADEQUATE SWPPP AND FAILUTE TO UPDATE THE SWPPP.07-2010-0098 JEWELL COUNTY FEEDERS,


ADMINISTRATIVE COMPLIANCE ORDER REQUIRING COMPLIANCE WITH THE NPDES PERMIT REQUIREMENTS.07-2010-0099 UNITED PARCEL SERVICE, INC 02/23/2010 RCRA 3008A AO For Comp And/Or PenaltyOPERATION OF A HAZARDOUS WASTE TREATMENT, STORAGE OR DISPOSAL FACILITY WITHOUT A PERMIT; FAILURE TO COMPLY WITH GENERATORREQUIREMENTS; FAILUTE TO UPDATE HAZARDOUS WASTE NOTIFICATION; FAILURE TO DOCUMENT WEEKLY INSPECTIONS; FAILURE TO SUBMIT ABIENNIAL REPORT TO THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT; FAILURE TO FAMILIARIZE LOCAL AUTHORITIES WITH THEFACILITY; FAILURE TO FAMILIARIZE THE LOCAL HOSPITALS WITH WAST AT THE FACILITY; FAILURE TO TRAIN EMPLOYEES ON AN ANNUAL BASIS;FAILURE TO MAINTAIN AND PROVIDE EMPLOYEE JOB TITLE FOR EACH POSITION RELATED TO HAZARDOUS WASTE MANAGEMENT AND THE NAME OFTHE EMPLOYEE FILLING THE JOB; FAILURE TO PROVIDE A WRITTEN JOB DESCRIPTION OF EACH POSITION RELATED TO HAZARDOUS WASTEMANAGEMENT; FAILURE TO PROVIDE DOCUMENTATION OF DESCRIPTION OF TRAINING; AND FAILURE TO HAVE A CONTINGENCY PLAN THATCOMPLIED WITH REGULATIONS.07-2010-0100 WOODSTREAM CORPORATION 02/23/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA SECTION 12(A)(1)(E) AND 12(A)(1)(A).





Summary07-2010-0101 IDOT AND JB HOLLAND

CONSTRUCTION, INC02/22/2010 CWA 309A AO For Compliance

FINDINGS OF VIOLATION, ORDER FOR COMPLIANCE ISSUED FOR NPDES PERMIT VIOLATIONS.07-2010-0102 IDOT AND PETERSON

CONTRACTORS, INC02/22/2010 CWA 309A AO For Compliance

FINDINGS OF VIOLATION, ORDER FOR COMPLIANCE ISSUED FOR NPDES PERMIT VIOLATIONS.07-2010-0103 IDOT AND SCHECKEL

CONSTRUCTION02/22/2010 CWA 309A AO For Compliance

FINDINGS OF VIOLATION, ORDER FOR COMPLIANCE ISSUED FOR NPDES PERMIT VIOLATIONS.07-2010-0104 CORNERSTONE CHURCH 02/24/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0105 BARTLETT GRAIN COMPANY,

LP03/02/2010 FIFRA 14A Action For Penalty

RESPONDENT FAILED TO OBTAIN PRIOR WRITTEN AUTHORIZATION FROM REGISTRANT PRIOR TO REPACKAGING FOUR PESTICIDE PRODUCTS.07-2010-0106 KICKAPOO PUBLIC WATER


AOC ISSUED FOR VIOLATIONS OF DISINFECTION BY PRODUCTS MCL, NONCOMPLIANCE WITH REQUIRED TOC REMOVAL RATIO, AND FAILURE TODEVELOP DISINFECTION PROFILE.07-2010-0107 MARY PUGH 03/01/2010 TSCA 16 Action For PenaltyFAILURE TO PROVIDE LEAD BASED PAINT INFORMATIONAL PAMPHLET.07-2010-0108 PELLA CORPORATION 03/01/2010 RCRA 3008H AO For Corrective ActionADMINISTRATIVE ORDER ON CONSENT, RCRA 3008H, ISSUED ON 3/1/2010.07-2010-0109 NORANDA ALUMINUM, INC 02/17/2010 CAA 113A Admin Compliance Order (Non-Penalty)ADMINISTRATIVE ORDER ON CONSENT ISSUED/FILED ON 2/17/10 FOR CAA VIOLATIONS.07-2010-0110 BREMER COUNTY BOARD OF

TRUSTEES03/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0111 CITY OF TOPEKA, KS 03/04/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.





Summary07-2010-0112 TOPEKA TRANSIT AUTHORITY 03/04/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0113 INTERSTATE POWER AND

LIGHT COMPANY03/08/2010 TSCA 16 Action For Penalty

NOTICE OF DETERMINATION ISSUED ON 3/8/10 FOR SELF DISCLOSURE OF TSCA 6 VIOLATIONS.07-2010-0114 CITY OF BALDWIN CITY 03/08/2010 TSCA 16 Action For PenaltyNOTICE OF DETERMINATION ISSUED ON 3/8/10 FOR SELF DISCLOSURE OF TSCA 6 VIOLATIONS.07-2010-0115 CITY OF LECLAIRE 03/05/2010 CWA 309A AO For ComplianceRESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPAL SEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH ITS NPDESPERMIT.07-2010-0116 CITY OF RIVERDALE 03/05/2010 CWA 309A AO For ComplianceRESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPAL SEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH ITS NPDESPERMIT.07-2010-0117 CITY OF PANORAMA PARK 03/05/2010 CWA 309A AO For ComplianceRESPONDENT FAILED TO SUBMIT ANNUAL REPORT FOR ITS MUNICIPAL SEPARATE STORM SEWER SYSTEM IN ACCORDANCE WITH ITS NPDESPERMIT.07-2010-0118 CLARKE ELECTRIC

COOPERATIVE, INC03/10/2010 TSCA 16 Action For Penalty

SELF DISCLOSURE ISSED FOR VIOLATIONS OF TSCA 6.07-2010-0119 FRITO LAY, INC 03/09/2010 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR EPCRA 312 VIOLATIONS.07-2010-0120 UNIVERSITY OF CENTRAL

MISSOURI03/12/2010 RCRA 3008A AO For Comp And/Or Penalty

RESPONDENT VIOLATED RCRA REQUIREMENTS.07-2010-0121 GM FEEDLOT, INC 03/12/2010 CWA 309A AO For ComplianceFINDING OF VIOLATION ORDER FOR COMPLIANCE ISSUED ON 3/12/10 FOR VIOLATIONS OF NPDES PERMIT REQUIREMENTS.07-2010-0122 CITY OF WEST LIBERTY 03/15/2010 CWA 309G2A AO For Class I PenaltiesIN SETTLEMENT OF THE MATTER, RESPONDENT WILL PAY A PENALTY OF $13,250 AND PERFORM A SUPPLEMENTAL ENVIRONMENTAL PROJECT WITHAN ESTIMATED COST OF $274,534.





Summary07-2010-0124 E&A CONSULTING GROUP, INC 03/16/2010 CWA 309G2A AO For Class I PenaltiesRESPONDENT VIOLATED THE TERMS OF HIS CWA 404 PERMIT ISSUED BY THE CORPS AND PERFORMED DREDGE AND FILL WORK NOT AUTHORIZEDBY ANY CWA 404 PERMIT.07-2010-0125 AGRI PRODUCERS, INC 03/17/2010 FIFRA 14A Action For PenaltyPENALTY ASSESSED FOR SALE OF MISBRANDED PESTICIDE AND SALE OF RESTRICTED USE PESTICIDE TO UNCERTIFIED APPLICATOR.07-2010-0126 BIO MASS RENEWABLE TECH,

INC03/17/2010 FIFRA 14A Action For Penalty

PENALTY ASSESSED FOR SALE OR DISTRIBUTION OF REPACKAGED BULK PESTICIDE WITHOUT A WRITTEN AGREEMENT WITH PESTICIDEREGISTRANT.07-2010-0127 VIKING PUMP 03/17/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0128 FRESH AND CLEAN

RESTROOMS03/25/2010 CWA 309A AO For Compliance

RESPONDENT FAILED TO TREAT FOR PATHOGEN REDUCTION, IN VIOLATION OF 40 CFR SECTION 503.32.07-2010-0130 DARIN GREEN DBA DARIN

GREEN FEEDLOT03/30/2010 CWA 309A AO For Compliance

FINDING OF VIOLATION ORDER FOR COMPLIANCE ISSUED ON 3/30/10.07-2010-0131 DOUBLE V DAIRY, LLC 03/30/2010 CWA 309A AO For ComplianceFINDINGS OF VIOLATION ORDER FOR COMPLIANCE ISSUED ON 3/30/10.07-2010-0132 MIKE BETTIN DBA MIKE BETTIN

FEEDLOT03/30/2010 CWA 309A AO For Compliance

FINDING OF VIOLATION ORDER FOR COMPLIANCE ISSUED 3/30/10.07-2010-0133 DONALD SNEEGAS; BETTY

WRIGHT; AND CAROL WSNEEGAS TRUST


RESPONDENT FAILED TO COMPLY WITH THE RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT BY FAILING TO DISCLOSE LEAD BASEDPAINT INFORMATION AND BY FAILING TO PROVIDE LEAD HAZARD INFORMATION PAMPHLET.07-2010-0134 TRANSCHEMICAL

INCORPORATED03/31/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryVIOLATION OF RCRA REQUIREMENTS.07-2010-0135 CHEMICAL PACKAGING CORP 03/31/2010 FIFRA 14A Action For PenaltyRESPONDENT FAILED TO SUBMIT A SUPPLEMENTAL DISTRIBUTION AGREEMENT TO EPA PRIOR TO SALE OR DISTRIBUTION OF THAT PRODUCT (DEO-DIS-1).07-2010-0136 NAVICO DBA NAVY BRAND

MANUFACTURING CO03/31/2010 FIFRA 14A Action For Penalty

RESPONDENT FAILED TO SUBMIT SUPPLEMENTAL DISTRIBUTION AGREEMENT TO EPA PRIOR TO SALE OR DISTRIBUTION OF THAT PRODUCT (DEO-DIS-1).07-2010-0137 CORNHUSKER ENERGY

LEXINGTON, LLC03/31/2010 CWA 309G2A AO For Class I Penalties

SLUG LOAD OF ETHEANOL TO THE POTW. THIS DISCHARGE OF ETHANOL WAS TOXIC TO THE ACTIVATED SLUDGE IN THE CITY'S PRETREATMENTSYSTEM AND BIOTOWERS. THIS DISCHARGE RESULTED IN AN UPSET TO THE CITY'S TREATMENT FACILITY AND RESULTED IN VIOLATIONS OF THECITY'S NPDES PERMIT FOR CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND IN MAY 2006.07-2010-0138 CITY OF ALTA, IOWA 03/31/2010 CWA 309G2A AO For Class I PenaltiesVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0140 BILL WILLERS 03/31/2010 CWA 309A AO For ComplianceRESPONDENT PLACED FILL MATERIAN IN A WATER OF THE UNITED STATES AND ADJACENT WETLANDS WITHOUT OBTAINING A 404 PERMIT.07-2010-0141 ERIC RUS DBA ERIC RUS


FINDING OF VIOLATION ORDER FOR COMPLIANCE ISSUED ON 3/31/10 FOR NPDES PERMIT VIOLATIONS.07-2010-0142 HAMPTON FEEDLOT, INC 03/31/2010 CWA 309A AO For ComplianceFINDING OF VIOLATION ORDER FOR COMPLIANCE ISSUED ON 3/31/10 FOR NPDES PERMIT VIOLATIONS.07-2010-0143 KANSAS DEPARTMENT OF

CORRECTIONS03/31/2010 CAA 113A Admin Compliance Order (Non-Penalty)

ADMINISTRATIVE COMPLIANCE ORDER ISSUED ON 3/24/10 FOR VIOLATION OF CAA 112.07-2010-0144 WHITMIRE MICRO GEN

RESEARCH LABORATORIES,INC

03/19/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal

STOP SALE, USE, OR REMOVAL ORDER ISSUED ON 3/19/10.07-2010-0148 CITY OF CARDWELL 04/06/2010 CWA 309A AO For Compliance





SummaryFINDING OF VIOLATION AND ORDER FOR COMPLIANCE ISSUED ON 4/6/10 FOR NPDES VIOLATIONS.07-2010-0149 FARNAM COMPANIES, INC 03/09/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalSTOP SALE, USE, OR REMOVAL ORDER ISSUED ON 3/9/10.07-2010-0151 HOME TRAILER PARK

INCORPORATED04/14/2010 TSCA 16 Action For Penalty

FAILURE TO PROVIDE LEAD BASED PAINT INFORMATIONAL PAMPHLET TO LESSEE.07-2010-0153 PORTAGE DES SIOUX 04/20/2010 CWA 309A AO For ComplianceWASTEWATER TREATMENT PLANT UPGRADES TO MEET PERMIT LIMITATIONS AND ELIMINATED WET WEATHER DISCHARGES EXCEEDING THETREATMENT CAPACITY OF THE WASTEWATER TREATMENT PLANT.07-2010-0154 CHAMBERLAIN



ORDER TO INSTALL VAPOR MITIGATION SYSTEMS AND TO PROPOSE REMEDY FOR SOIL AND GROUNDWATER VOC CONTAMINATION.07-2010-0154 CHAMBERLAIN


04/20/2010 RCRA 7003 AO For Imminent Hazard

ORDER TO INSTALL VAPOR MITIGATION SYSTEMS AND TO PROPOSE REMEDY FOR SOIL AND GROUNDWATER VOC CONTAMINATION.07-2010-0155 MICHAEL AND SANDRA

ROTHFUSS04/20/2010 TSCA 16 Action For Penalty

RESPONDENT FAILED TO COMPLY WITH THE RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT BY FAILING TO DISCLOSE LEAD BASEDPAINT INFORMATION AND BY FAILING TO PROVIDE LEAD HAZARD INFORMATION PAMPHLET.07-2010-0156 PBI GORDON, INC 04/01/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalSTOP SALE, USE OR REMOVAL ORDER ISSUED ON 4/1/10 FOR FIFRA 12(A)(1)(E) VIOLATIONS.07-2010-0157 ALBAUGH, INC 04/01/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalSTOP SALE, USE OR REMOVAL ORDER ISSUED ON 4/1/10 FOR FIFRA 12(A)(1)(E) VIOLATIONS.07-2010-0158 CITY OF COLUMBUS

WASTEWATER TREATMENTFACILITY


FAILURE TO IMPLEMENT/MAINTAIN RISK MANAGEMENT PLAN.07-2010-0159 CITY OF TOWANDA 04/26/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryCOMPLIANCE ORDER REQUIRING SUBMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0160 BUTLER COUNTY RURAL

WATER DISTRICT #204/26/2010 SDWA 1414G2 AO For Compliance (PWS)

COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0161 CITY OF SALINA 04/26/2010 SDWA 1414G2 AO For Compliance (PWS)COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0162 LEAVENWORTH COUNTY

RURAL WATER DISTRICT #504/26/2010 SDWA 1414G2 AO For Compliance (PWS)

COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0163 BUTLER COUNTY RURAL




COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0165 LEAVENWORTH COUNTY

RURAL WATER DISTRICT #804/26/2010 SDWA 1414G2 AO For Compliance (PWS)

COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0166 SALINE COUNTY RURAL


COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0167 LABETTE COUNTY RURAL


COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.07-2010-0168 FRANKLIN COUNTY RURAL




COMPLIANCE ORDER REQUIRING SUTMISSION OF INITIAL DISTRIBUTION SYSTEM EVALUATION REPORT PURSUANT TO 40 CFR SECTION 141.600.





Summary07-2010-0170 UPLAND WINGS, INC 04/28/2010 CWA 309G2B AO For Class II PenaltiesRESPONDENT FAILED TO COMPLY WITH THE TERMS OF ITS NPDES PERMIT AND PLACED FILL MATERIAL INTO WATERS OF THE UNITED STATESWITHOUT OBTAINING A SECTION CLEAN WATER ACT 404 PERMIT.07-2010-0171 BLUE SPRINGS DEVELOPMENT

TWO, LLC04/28/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramEXPEDITED SETTLEMENT AGREEMENT FILED ON 4/28/10 FOR CWA NPDES PERMIT VIOLATIONS.07-2010-0172 BROWN TRANSFER AND

STORAGE04/28/2010 RCRA 3008A AO For Comp And/Or Penalty

RESPONDENT FAILED TO CONDUCT A HAZARDOUS WASTE ANALYSIS; OPERATED A HAZARDOUS WASTE FACILITY WITHOUT A RCRA PERMIT ORINTERIM STATUS; STORED HAZARDOUS WASTE WITHOUT A PERMIT; AND FAILED TO COMPLY WITH OWNER/OPERATOR REQUIREMENTS.07-2010-0173 FRONTIER EQUITY EXCHANGE 05/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0174 COOPERATIVE AGRICULTURAL

SERVICES, INC05/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

FAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0175 ELLSWORTH COOP 05/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0176 SD FERTILIZER AND SPRAYING 05/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramFAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0177 CHEMSTAR PRODUCTS


FAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0178 CLEAN HARBORS

ENVIRONMENTAL SERVICES,INC


FAILURE TO COMPLY WITH RISK MANAGEMENT PLAN REGULATIONS.07-2010-0179 BUTLER COUNTY RURAL


ADMINISTRATIVE ORDER FOR SDWA 1414(G) VIOLATIONS.07-2010-0180 ALBAUGH, INCORPORATED 05/03/2010 FIFRA 14A Action For Penalty





SummaryVIOLATION OF FIFRA 12(A)(1)(E).07-2010-0181 SMITH STANDARD 05/04/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATION OF RCRA 9006 REQUIREMENTS.07-2010-0182 GROWMARK, INC 05/03/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0183 STOUTJESDYK DAIRY, LLC 05/04/2010 CWA 309G2A AO For Class I PenaltiesCONSENT AGREEMENT AND FINAL ORDER FILED TO SETTLE CONCENTRATED ANIMAL FEEDING OPERATION NPDES PERMIT VIOLATIONS.07-2010-0184 CITY OF ROCKAWAY BEACH

MISSOURI05/04/2010 CWA 309G2A AO For Class I Penalties

CONSENT AGREEMENT AND FINAL ORDER ISSUED FOR NPDES PERMIT VIOLATIONS.07-2010-0185 OLD MONROE ELEVATOR &

SUPPLY CO04/29/2010 CAA 113A Admin Compliance Order (Non-Penalty)

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE RISK MANAGEMENT PLAN.07-2010-0186 FRENCHMAN VALLEY COOP 05/06/2010 CAA 113D1 Action For PenaltyFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE RISK MANAGEMENT PLAN.07-2010-0187 ANDREW J LASKOWSKY 05/05/2010 TSCA 16 Action For PenaltyRESPONDENT FAILED TO COMPLY WITH THE RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT BY FAILING TO DISCLOSE LEAD BASEDPAINT INFORMATION AND BY FAILING TO PROVIDE LEAD HAZARD INFORMATION PAMPHLET.07-2010-0188 CEDAR FALLS UTILITIES 05/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0189 GOLDEN TRIANGLE ENERGY,

LLC05/06/2010 CAA 113D1 Action For Penalty

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE RISK MANAGEMENT PLAN.07-2010-0190 COMMONWEALTH REALTY LLC 05/06/2010 TSCA 16 Action For PenaltyRESPONDENT FAILED TO COMPLY WITH THE RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT BY FAILING TO DISCLOSE LEAD BASEDPAINT INFORMATION AND BY FAILING TO PROVIDE LEAD HAZARD INFORMATION PAMPHLET.07-2010-0191 CUSTOM AIR LLC 05/05/2010 FIFRA 14A Action For PenaltyRESPONDENT CITED FOR USE OF A PESTICIDE IN A MANNER INCONSISTENT WITH ITS LABELING DUE TO DRIFT FROM AREA WHERE IT WAS APPLIEDONTO A PUBLIC USE TRAIL.





Summary07-2010-0192 ILLINOIS TOOL WORKS, INC

DBA ITW DYMON05/05/2010 FIFRA 14A Action For Penalty

RESPONDENT ALLEGEDLY VIOLATED FIFRA BY HOLDING FOR DISTRIBUTION OR SALE A REGISTERED PESTICIDE, THE COMPOSITION OF WHICHDIFFERS AT THE TIME OF ITS DISTRUBITON OR SALE FROM ITS COMPOSITION AS DESCRIBED IN THE STATEMENT REQUIRED IN CONNECTION WITHITS REGISTRATION.07-2010-0193 HOLLAND 1916, INC 05/05/2010 EPCRA 325 Action For PenaltyVIOLATION OF EPCRA 313 REQUIREMENTS.07-2010-0194 COLCIDE, INC 05/11/2010 FIFRA 14A Action For PenaltyRESPONDENT REGIETERED PRODUCT WAS UNDERFORMULATED, THEREFORE THE PRODUCT WAS ADULTRATED, MISBRANDED. THE COMPOSITIONALSO DIFFERED.07-2010-0195 VILLAGE OF PENDER 05/11/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0197 RECOVERY MANAGEMENT

CORP, INC DBA CARGO LARGO05/12/2010 RCRA 3008A AO For Comp And/Or Penalty

VIOLATION OF RCRA REQUIREMENTS.07-2010-0198 VILLAGE OF EMERSON 05/11/2010 CWA 309A AO For ComplianceRESPONDENT FAILED TO COMPLY WITH THE TERMS OF ITS NPDES PERMIT REQUIREMENTS.07-2010-0200 GENERAL SERVICES

ADMINISTRATION BANNISTERFEDERAL COMPLEX (FF)


ENVIRONMENTAL WORK AGREEMENT FOR EPA OVERSIGHT OF ENVIRONMENTAL INVESTIGATION AND CLEANUP WORK.07-2010-0200 GENERAL SERVICES


05/03/2010 CERCLA 120E Federal Facility Agreement (FFA)

ENVIRONMENTAL WORK AGREEMENT FOR EPA OVERSIGHT OF ENVIRONMENTAL INVESTIGATION AND CLEANUP WORK.07-2010-0200 GENERAL SERVICES



ENVIRONMENTAL WORK AGREEMENT FOR EPA OVERSIGHT OF ENVIRONMENTAL INVESTIGATION AND CLEANUP WORK.07-2010-0201 DETHMERS MANUFACTURING

COMPANY05/17/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryRESPONDENT VIOLATED SECTION 3005 OF RCRA BY OPERATING AS A TSD WITHOUG A PERMIT BY FAILING TO COMPLY WITH GENERATORSTANDARDS/REQUIREMENTS.07-2010-0202 DIAMONDS IN THE ROUGH,


RESPONDENT FAILED TO COMPLY WITH THE RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT BY FAILING TO DISCLOSE LEAD BASEDPAINT INFORMATION AND BY FAILING TO PROVIDE LEAD HAZARD INFORMATION PAMPHLET.07-2010-0203 SANDHILL FARM, INC 05/18/2010 CWA 309A AO For ComplianceFINDING OF VIOLATION ORDER FOR COMPLIANCE FOR NPDES PERMIT VIOLATIONS.07-2010-0204 DARWIN RUS 05/18/2010 CWA 309A AO For ComplianceRESPONDENT OWNS A CAFO AND HAS APPLIED FOR A NPDES PERMIT. RESPONDENT ALSO LACKS WASTEWATER CONTROLS AT HIS FACILITYWHICH HAS RESULTED IN UNAUTHORIZED DISCHARGES OF POLLUTANTS INTO WATERS OF THE US.07-2010-0205 ALBERT RENS 05/18/2010 CWA 309A AO For ComplianceRESPONDENTS CAFO FACILITY LACKS RUNOFF CONTROLS, WHICH RESULTED IN UNAUTHORIZED DISCHARGES INTO WATERS OF THE US.07-2010-0206 KOOIMA CUSTOM FEED 05/18/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0207 SPX COOLING TECHNOLOGIES 05/21/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0209 JOHN WALLER AND GRANT

WALLER05/21/2010 CWA 309A AO For Compliance

RESPONDENT DREDGED AND FILLED WITHIN BRAZIL CREEK, A WATER OF THE US, WITHOUT OBTAINING A SECTION 404 PERMIT FROM THE CORPS.07-2010-0210 RONALD ROCHE; BAILEYS

CREEK05/21/2010 CWA 309A AO For Compliance

RESPONDENT PLACED DREDGED AND FILL MATERIAL INTO A WATER OF THE US WITHOUT OBTAINING A CWA 404 PERMIT.07-2010-0211 TOWN OIL 05/21/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0212 TARWATER FARM & HOME

SUPPLY05/24/2010 FIFRA 14A Action For Penalty

VIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0213 VILLAGE OF THURSTON 05/21/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.





Summary07-2010-0214 VILLAGE OF WINNEBAGO 05/21/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT.07-2010-0215 CARGILL AGHORIZONS 06/01/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA REQUIREMENTS.07-2010-0216 MIRES TOOL COMPANY, INC 06/01/2010 RCRA 3008A AO For Comp And/Or PenaltyRESPONDENT FAILED TO PERFORM HAZARDOUS WASTE DETERMINATIONS ON APPROXIMATELY 1,000 CONTAINERS AND FAILED TO MINIMIZERELEASES.07-2010-0217 KANSAS CITY POWER AND

LIGHT06/03/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

FAILURE TO IMPLEMENT AND MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0218 QUALITY AG SALES, DIVISION

OF LETS HAVE FUN06/03/2010 FIFRA 14A Action For Penalty

VIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0219 NORTHWEST IOWA

AGRONOMY, LLC06/03/2010 FIFRA 14A Action For Penalty

RESPONDENT VIOLATED FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0220 PBI GORDON CORPORATION 06/04/2010 FIFRA 14A Action For PenaltyRESPONDENT IMPORTED APPROXIMATELY 152 BAGS OF 2, 4-D TECHNICAL ACID WITH INCORRECT FIRST AID STTATEMENTS AND ENVIRONMENTALHAZARD STATEMENTS. THE PRODUCT WAS THEREFORE MISBRANDED IN VIOLATION OF FIFRA SECTION 12(A)(1)(E).07-2010-0221 DOUGLAS PRODUCTS AND

PACKAGING06/07/2010 FIFRA 14A Action For Penalty

HOLDING FOR SALE A MISBRANDED PESTICIDE IN THAT LABEL WAS MISSING REQUIRED INFORMATION, AND FAILURE TO IDENTIFY RESTRICTED USEPESTICIDE (RUP) AS SUCH IN PRODUCT ADVERTISEMENT.07-2010-0222 BRIAN GRADERT, DAVE

WINTERFIELD DBA GRADERT..06/07/2010 CWA 309A AO For Compliance

ADMINISTRATIVE COMPLIANCE ORDER REQUIRING APPLICATION FOR NPDES PERMIT AND ELIMINATION OF UNAUTHORIZED DISCHARGES.07-2010-0223 SIMON AND LOREN

GROENEWEG DBAGROENEWEG FARM


ADMINISTRATIVE COMPLIANCE ORDER REQUIRING APPLICATION FOR NPDES PERMIT AND ELIMINATION OF UNAUTHORIZED DISCHARGES.





Summary07-2010-0224 BRIDGESTONE AMERICAS

TIRE OPERATIONS, LLC06/11/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0225 LESTER FEED & GRAIN CO 06/11/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0226 WAKEFIELD FARMERS COOP 06/14/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA(12)(A)(2)(L) REQUIREMENTS.07-2010-0227 OTTAWA COOP 06/14/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0228 UNITED COOPERATIVE 06/17/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0229 MIDWEST POOL AND COURT 06/18/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0230 BRB CONTRACTORS, INC 06/24/2010 CWA 309G2B AO For Class II PenaltiesCONSENT AGREEMENT AND FINAL ORDER FILED ON 6/24/10 TO SETTLE CWA NPDES VIOLATIONS.07-2010-0232 MILLENIA PRODUCTION 06/24/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0234 DEBRUCE AG SERVICES, INC 06/28/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0236 THOMAS COUNTY NOXIOUS

WEED DEPARTMENT07/01/2010 FIFRA 14A Action For Penalty

VIOLATION OF FIFRA 12(A)(2)(F) REQUIREMENTS.07-2010-0237 CEMEN TECH, INC 07/01/2010 RCRA 3008A AO For Comp And/Or PenaltyRESPONDENT FAILED TO MAKE HAZARDOUS WASTE DETERMINATIONS, OPERATED AS A RCRA TREATMENT, STORAGE OR DISPOSAL FACILITYWITHOUT A PERMIT, AND FAILED TO COMPLY WITH MANIFEST AND USED OIL STORAGE REQUIREMENTS.07-2010-0239 CAMIE CAMPBELL, INC 06/30/2010 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED ON 6/30/10 FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS ON 5/19/10.07-2010-0240 CHEMTECH, INC 07/06/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.





Summary07-2010-0241 VILLAGE OF WALTHILL 06/17/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0242 CHEM TILL SPRAY CO, INC 07/06/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(2)(L) REQUIREMENTS.07-2010-0243 PLAINS PIPELINE 05/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT AND MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0244 BRENNTAG MID SOUTH 07/13/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(1)(E) REQUIREMENTS.07-2010-0245 MAGELLAN PIPELINE

COMPANY, LP07/13/2010 CWA 309G2B AO For Class II Penalties

FAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PLAN.07-2010-0246 JEWELL COUNTY FEEDERS,


CONSENT AGREEMENT AND FINAL ORDER FILED TO SETTLE NPDES PERMIT VIOLATIONS.07-2010-0247 MEYER LABORATORY, INC 07/14/2010 FIFRA 14A Action For PenaltyVIOLATION OF FIFRA 12(A)(1)(E) REQUIREMENTS.07-2010-0248 PLATTE VALLEY FEEDERS, LLC 07/14/2010 CWA 309G2A AO For Class I PenaltiesCONSENT AGREEMENT AND FINAL ORDER FILED FOR VIOLATION OF NPDES REQUIREMENTS.07-2010-0249 SARGENT PIPE COMPANY, INC 07/13/2010 CWA 309A AO For ComplianceRESPONDENT FAILED TO FULLY DEVELOP AND IMPLEMENT A STORMWATER POLLUTION PREVENTION PLAN.07-2010-0250 MIDAMERICAN ENERGY

COMPANY07/14/2010 CAA 113A Admin Compliance Order (Non-Penalty)

RESPONDENT FAILED TO REPORT AND DEDUCT ACID RAIN CREDITS AS REQUIRED BY 40 CFR SECTION 75.22(A)(2). RESPONDENT FAILED TO USE APROPER TEST METHOD AS REQUIRED BY 40 CFR SECTION 60 APPENDIX A, METHOD 2H, 2.2.2. RESPONDENT AGREED TO PERMANENTLYSURRENDER 478 SO2 ALLOWANCES.07-2010-0251 HERBERT FEED AND GRAIN 07/19/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT AND MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0253 EAST PENN LLC 07/21/2010 CWA 309G2B AO For Class II PenaltiesVIOLATION OF NPDES REQUIREMENTS.





Summary07-2010-0254 KANSAS DEPARTMENT OF

CORRECTIONS07/23/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

FAILURE TO IMPLEMENT AND MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0255 BECTON DICKINSON

DIAGNOSTICS07/26/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0256 IOWA STATE BANK & TRUST

COMPANY07/29/2010 TSCA 16 Action For Penalty

RESPONDENT FAILED TO COMPLY WITH THE RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT BY FAILING TO DISCLOSE LEAD BASEDPAINT INFORMATION AND BY FAILING TO PROVIDE LEAD HAZARD INFORMATION PAMPHLET.07-2010-0257 MARK BEITELSPACHER DBA

BEITELSPACHER FARMS07/29/2010 CWA 309A AO For Compliance

VIOLATIONS OF NPDES PERMIT REQUIREMENTS.07-2010-0258 SOUTHWEST IOWA

RENEWABLE ENERGY LLC07/30/2010 CAA 113A Admin Compliance Order (Non-Penalty)

VIOLATION OF CAA 112(R) REQUIREMENTS.07-2010-0259 SARPY COUNTY SANITARY

LANDFILL08/03/2010 CAA 113D1 Action For Penalty

VIOLATION OF CAA 111 REQUIREMENTS.07-2010-0260 THERMAL KING WINDOWS, INC 07/30/2010 TSCA 16 Action For PenaltyFAILURE TO PROVIDE LEAD BASED PAINT INFORMATIONAL PAMPHLET.07-2010-0286 BASF CORPORATION 08/06/2010 FIFRA 14A Action For PenaltyRESPONDENT HELD FOR SALE OR DISTRIBUTION A PRODUCT THAT WAS NOT REGISTERED, AND WHICH WAS MISBRANDED IN THAT ITS LABELINGFAILED TO INCLUDE A VALID EPA PESTICIDE REGISTRATION NUMBER.07-2010-0287 PAUL BROWN 08/04/2010 TSCA 16 Action For PenaltyRESPONDENT WILL PAY $525 MITIGATED PENALTY FOR FAILING TO PROVIDE LESSEE OF TARGET HOUSING WITH EPA APPROVED LEAD HAZARDOUSINFORMATION PAMPHLET BEFORE LESSEE WAS OBLIGATED PER 40 CFR 745.107.07-2010-0288 WASHINGTON UNIVERSITY

DANFORTH CAMPUS ANDSCHOOL OF MEDICINECAMPUS






SummaryRESPONDENT FAILED TO MAKE HAZARDOUS WASTE DETERMINATION; OPERATED A TREATMENT, STORAGE, OR DISPOSAL FACILITY WITHOUT ARCRA PERMIT OR RCRA INTERIM STATUS; FAILED TO COMPLY WITH UNIVERSAL WASTE LAMP REQUIREMENTS; AND LAND DISPOSAL RESTRICTIONS.RESPONDENT WILL PERFORM A SEP WHICH WILL ASSIST THE ST LOUIS, MISSOURI PUBLIC SCHOOL DISTRICT IN THE ONE TIME REMOVEL,TRANSPORTATION AND DISPOSAL OF HAZARDOUS WASTES CURRENTLY LOCATED IN SEVERAL OF THE DISTRICTS EDUCATIONAL FACILITIES ANDWILL PROVIDE THOSE FACILITIES WITH OUTREACH AND EDUCATION ABOUT HAZARDOUS WASTE MANAGEMENT.07-2010-0289 BODINE ALUMINUM, INC 08/05/2010 EPCRA 325 Action For PenaltyNOTICE OF DETERMINATION ISSUED FOR SELF DISCLOSURE OF EPCRA 313 VIOLATIONS.07-2010-0292 D&J INVESTMENTS 08/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PLAN.07-2010-0293 AURORA COOPERATIVE 08/06/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PLAN.07-2010-0294 ALLIANCE CONCRETE, INC 08/04/2010 CWA 309G2A AO For Class I PenaltiesCONSENT AGREEMENT AND FINAL ORDER FILED. RESPONDENT IS TO PAY $28,000 PENALTY FOR CWA PERMIT VIOLATIONS.07-2010-0295 MIDDLEBROOK RAILHEAD OU

01; DOE RUN RESOURCES08/09/2010 CERCLA 122h Agrmt For Cost Recovery

ADMINISTRATIVE SETTLEMENT AGREEMENT RECOVERING 100% OF EPA LEAD REMOVAL OVERSIGHT COSTS.07-2010-0296 BECTON DICKINSON

DIAGNOSTICS07/26/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0297 CITY OF EPWORTH 08/10/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0298 CITY OF DUBUQUE 08/09/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0299 DAVID & PEG BRUCE DBA

BRUCE FEEDLOT08/10/2010 CWA 309G2A AO For Class I Penalties

VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0300 VERNON VAN BEEK AND

JASON DORHAUT DBA LONETREE FEEDLOT


VIOLATION OF NPDES PERMIT.





Summary07-2010-0301 RANDY KATS DBA RANDY

KATS FEEDLOT08/11/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0302 TRACY ONKEN DBA TRACY

ONKEN FEEDLOT08/11/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0303 KEITH ZYLSTRA DBA ZYLSTRA


VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0304 TODD BARTMAN DBA

BARTMAN FARMS08/11/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT VIOLATIONS.07-2010-0305 SFI, INC 08/11/2010 CWA 309A AO For ComplianceVIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0306 NATHAN VOHS DBA NATHON

VOHS FEEDLOT08/11/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0307 TERRY VAN WYHE DBA TERRY

VAN WYHE FEEDLOT08/11/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT REQUIREMENTS.07-2010-0308 LANDMARK MANUFACTURING 08/12/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramFAILURE TO IMPLEMENT/MAINTAIN ADEQUATE SPCC PREVENTION PLAN.07-2010-0309 ARDIS EILTS AND BOYERS

SAND & ROCK INC08/17/2010 CWA 309A AO For Compliance

RESPONDENT PLACED DREDGED AND/OR FILL MATERIAL INTO INDIAN CREEK, A WATER OF THE UNITED STATES, WITHOUT OBTAINING A 404PERMIT.07-2010-0311 MID STATES MATERIALS, LLC -

BIG SPRINGS QUARRY08/16/2010 CWA 309A AO For Compliance

VIOLATION OF NPDES PERMIT REQUIREMENTS.NE-2968 STEINAUER WWTF 10/01/2009 State CWA Non Penalty AO





Summary

NE-2971 CARROLL WWTF 11/30/2009 State CWA Non Penalty AO

NE-2972 UTICA POTABLE WATERTREATMENT PLANT


NE-2973 NELSON WWTF 11/30/2009 State CWA Non Penalty AO

NE-2974 COZAD WWTF 01/05/2010 State CWA Non Penalty AO

NE-2976 SHOEMAKER'S TRUCKSTATION


NE-2979 BRAINARD WWTF 01/06/2010 State CWA Non Penalty AO

NE-2985 ELMWOOD WWTF 01/08/2010 State CWA Non Penalty AO




Summary08-2004-0141 CHARLESWOOD, INC. 10/21/2009 Civil Judicial ActionThis referral requests action against Charleswood, Inc. for violations of the CWA and its storm water regulations at a construction site in West Fargo, ND.08-2006-0010 ROCKY FLATS INDUSTRIAL

PARK (THORO)05/12/2010 Civil Judicial Action

This referral seeks recovery of approximately $2,811,907 in response costs incurred and a declaratory judgment for costs to be incurred by EPA for Removal Actionsat the Rocky Flats Industrial Park.





Summary08-2007-0100 NORTH HILL CREEK

COMPRESSOR STATION/BILLBARRETT/WIND RIVER


This referral against Bill Barrett Corporation and Wind River Resources Corporation is requested for violations at the North Hill Creek Compressor Station. Theseviolations include failure to comply with the requirements of the NESHAP MACT for controlling HAPS from the reciprocating internal combustion engines anddehydration systems, failure to submit a PSD permit application and failure to pay Part 71 Title V permit fees.08-2007-0107 DOMINION EXPLORATION -

KINGS CANYON11/16/2009 Civil Judicial Action

This referral requests assistance from DOJ for alleged violations under the Clean Air Act at Dominion Exploration Company's Kings Canyon Compressor Station andTAP-4 and TAP-5 Compressor Stations. These violations include failure to comtrol emissions from the glycol dehydrators as required by MACT HH or install catalystson the engines as required by MACT ZZZZ.08-2007-0215 GILT EDGE MINE SITE 02/08/2010 Civil Judicial ActionThis referral requests DOJs assistance in Consent Decree Negotiations for the Gilt Edge Mine site. 08-2008-0058 SPRINGFIELD MUNICIPAL

AIRPORT03/23/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to the Town of Springfield, owner and operator of the SpringfieldMunicipal Airport, for owning,operating, or maintaining a Class V disposal facility which, through injection activity, allows the movement of fluid containing anycontaminant into underground sources fo drinking water.08-2008-0089 TEKOI BALEFILL/LANDFILL 11/17/2009 CAA 113 Notice Of ViolationThis Company self-disclosed that upon acquiring the assets of Metro Waste, which included the Tekoi Balefill/Landfill, located on the Skull Valley Band of GoshureIndian Reservation, that they failed to submit a Title V permit application and failed to submit a Tier 1 NMOC Report.08-2009-0113 OLD ORCHARD/MERIDIAN

COMMERCIAL CONSTRUCTION01/19/2010 CWA 309G2B AO For Class II Penalties

This Notice of Proposed Assessment of Civil Penalty is issued to Old Orchard, LLC and Meridian Commercial Construction for failure to apply for authorization todischarge under any individual storm water discharge permit, for discharging storm water into the Red River, and for failure to develop a complete SWPPP.08-2009-0167 CALICO PRAIRIE APARTMENTS 06/03/2010 CWA 309G2A AO For Class I PenaltiesThis Penalty Complaint and Notice of Opportunity for Hearing is issued to Valley Realty, Inc. for unauthorized stormwater discharges at their Calico Prairie Apartmentsite which flow into the City of Fargo's municipal separate storm sewer system. To date, Respondent has not submitted a notice of intent to NDDH seekingauthorization to discharge at the site under the Permit.08-2009-0196 BUCKLEN EQUIPMENT

COMPANY11/17/2009 CWA 309G2B AO For Class II Penalties





SummaryThis Administrative Complaint and Notice of Opportunity for Hearing is issued to Bucklen Equipment Company for the unauthorized discharge of dredged and/or fillmaterial into the Cache la Poudre River and its adjacent wetlands.08-2009-0199 GARDNER TURFGRASS 10/20/2009 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to Gardner Turfgrass for operating a motor vehicle wastedisposal well after the January 1, 2007 ban of all motor vehicle waste disposal wells.08-2009-0204 TWEET'S AUTO CARE 02/16/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)This Proposed Compliance Order, Penalty Complaint and Notice of Opportunity for Hearing is issued to Tweet's Auto Care for owning, operating or maintaining aClass V disposal well which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinking water, and foroperating a motor vehicle waste disposal well after the 1/1/2007 ban of all motor vehicle waste disposal wells.08-2009-0205 SWANBERG USA - GARY

DEJOHN06/23/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

This Proposed Compliance Order, Penalty Complaint and Notice of Opportunity for Hearing is issued to Gary DeJohn for owning, operating a Class V disposal wellwhich, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinking water, and for operating a motorvehicle waste disposal well after the 1/1/2007 ban of all motor vehicle waste disposal wells.08-2009-0206 KULA GRAIN COMPANY 11/17/2009 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to Kula Grain Company for owning, operating or maintaining aClass V disposal well, which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinking water, and foroperating a motor vehicle waste disposal well after the 1/1/2007 ban of all motor vehicle waste disposal wells.08-2009-0207 HOLLINGSWORTH WELDING &

GARAGE01/08/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to Hollingsworth Welding & Garage for owning, operating ormaintaining a Class V disposal well which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinkingwater, and for operating a motor vehicle waste disposal well after the 1-1-2007 ban of all motor vehicle waste disposal wells.08-2009-0208 STONE AGE LANDSCAPE

MATERIALS01/06/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

This Proposed Compliance Order, Penalty Complaint, and Notice of Opourtunity for Hearing is issued to Bert Dring, owner of the Stone Age Landscape MaterialsCompany, for owning, operating or maintaining a Class V disposal well which, through injection activity, allows the movement of fluid containing any contaminant intounderground sources of drinking water, and for operating a motor vehicle waste disposal well after the 1/1/2007 ban of all motor vehicle waste disposal wells.08-2009-0209 GRAND TETON PARK RV

RESORT05/03/2010 SDWA 1414G3 AO For Penalties (PWS)

This Complaint and Notice of Opportunity for Hearing is issued to Grand Teton Park RV Resort for failure to comply with an Administrative Order issued 3/30/2006.(This is the second administrative penalty complaint EPA has issued for violations of the Administrative Order issued 3/30/3006.)





Summary08-2009-0210 T-P ENTERPRISES 12/15/2009 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to T-P Enterprises for owning, operating or maintaining a ClassV disposal well which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinking water and for operatinga motor vehicle waste disposal well after the 1/1/2007 ban of all motor vehicle waste disposal wells.08-2009-0211 FALCON AUTO SERVICE

CENTER01/12/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to the Falcon Auto Service Center for owning, operating ormaintaining a Class V disposal well which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinkingwater, and for operating a motor vehicle waste disposal well after the 1/1/2007 ban of all motor vehicle waste disposal wells.08-2009-0212 D & G AUTOMOTIVE 04/14/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to Gary Grafft, owner of D & G Automotive, for owning, operatingor maintaining a Class V disposal well which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinkingwater, and for operating a motor vehicle waste disposal well after the 1/1/207 ban of all motor vehicle waste disposal wells.08-2009-0223 PETROLEUM DEVELOPMENT

CORPORATION05/20/2010 CWA 311B6B1 AO For Class I Penalty

This Administrative Penalty Complaint is issued to Petroleum Development for the unauthorized spill of approximately 175 barrels of oil into Garden Gulch Creek.08-2009-0224 AVISTA CORPORATION -

NOXON RAPIDSHYDROELECTRIC FACILITY


This Administrative Complaint and Notice of Opportunity for Hearing is issued to Avista Utilities for failure to prepare and implement a Spill prevention Control andCountermeasure (SPCC) Plan for the facility and for unlawfully discharging oil contqaining PCBs into the Clark Fork River.08-2009-0228 FRONTIER REFINING 05/27/2010 RCRA 3008A AO For Comp And/Or PenaltyThis complaint, Compliance Order and Notice of Opportunity for Hearing is issued to Frontier Refining for diverting flow from the API oil/water separator to surfaceimpoundment 2 during dry weather events.08-2009-0228 FRONTIER REFINING 05/27/2010 RCRA 3008H AO For Corrective ActionThis complaint, Compliance Order and Notice of Opportunity for Hearing is issued to Frontier Refining for diverting flow from the API oil/water separator to surfaceimpoundment 2 during dry weather events.08-2009-0228 FRONTIER REFINING 05/27/2010 RCRA 7003 AO For Imminent HazardThis complaint, Compliance Order and Notice of Opportunity for Hearing is issued to Frontier Refining for diverting flow from the API oil/water separator to surfaceimpoundment 2 during dry weather events.





Summary08-2009-0229 PUBLIC SERVICE COMPANY

DBA XCEL ENERGY11/17/2009 CWA 311B6B2 AO For Class II Penalty

This Complaint and Consent Agreement is issued to Public Service Company of Colorado/dba Xcel Energy for numerous discharges of oil from various facilities andfor failure to prepare and implement adequate SPCC plans for its facilities.08-2010-0002 HAYS WHITE COW PWS 10/06/2009 SDWA 1431 AO For Imm. HazardThis Emergency Administrative Order is issued to the Fort Belknap Indian Community, Owner and Prairie Mountain Utilities, Operator of the Hays White Cow PublicWater System due to E.coli and total coliform bacteria found in samples taken on 9/28 and 10/2/2009. 08-2010-0003 THATCHER CHEMICAL


This Combined Complaint and Consent Agreement and Final Order is issued to Thatcher Chemical Company for failure to submit the Pesticide Report for Pesticide-Producing and Device-Producing Establishments for calendar year 2008.08-2010-0004 SORREL RIVER RANCH PWS 10/13/2009 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Sorrel River Ranch PWS for failure to submit a Long Term 2 Enhanced Surface Water Treatment Rule source watersampling schedule to the State, failure to monitor for E. coli, failure to monitor for nitrate, failure to monitor for total coliform bacteria, failure to report turbiditymonitoring results, failure to notify the public of the violations, and failure to report the violations to the State and EPA.08-2010-0005 BNSF RAILWAY COMPANY 10/13/2009 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)This Expedited Consent Agreement and Final Order is issued to BNSF Railway Company for the unauthorized discharge of approximately 42 gallons of diesel fuel intothe Yellowstone River and failure to prepare and implement a SPCC Plan.08-2010-0006 ANADARKO PETROLEUM

CORPORATION10/20/2009 CAA 113D1 Action For Penalty

This Complaint and Settlement Agreement and Final Order is issued to Anadarko Petroleum Corporation for violations at various compressor stations, some of whichare located on the Uintah & Ouray Indian Reservation in Uintah County, Utah. 08-2010-0007 GATEWAY PRODUCTS 10/20/2009 FIFRA 14A Action For PenaltyThis Combined Complaint and Consent Agreement and Final Order is issued to Gateway Products for the unlawful sale and/or distribution of an unregisteredpesticide.08-2010-0008 FAZOOLI'S FAMILY ITALIAN 11/19/2009 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Fazooli's Family Italian for exceeding the MCL for nitrate, failure to monitor for nitrate, failure to monitor for total coliformbacteria, failure to notify the public of the violations, and failure to report the violations to EPA and the State.08-2010-0009 CLEAN HARBORS -

ARAGONITE10/26/2009 SDWA 1414G2 AO For Compliance (PWS)





SummaryThis Administrative Order is issued to Clean Harbors - Aragonite for failure to monitor for nitrate, failure to monitor for trihalomethane and haloacetic acid, failure tomonitor for inorganic contaminants, failure to monitor for lead and copper, failure to notify the public of the violations and failure to report the violations to the State.08-2010-0010 HARMONY FARMS 10/26/2009 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Harmony Farms for exceeding the MCL for total coliform, failure to take repeat samples after a positive coliform sample, failureto monitor for nitrate, failure to monitor for lead and copper, failure to monitor for volatile organic contaminants, failure to monitor for radionuclides, failure to notify thepublic of the violations, and failure to report the violations to EPA and the State.08-2010-0011 BEAVERHEAD JACKSON

WATER & SEWER DISTRICT12/14/2009 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Beaverhead County Jackson Water & Sewer District for failure to monitor for arsenic, exceeding the maximum contaminant levelfor arsenic, failure to prepare and distribute an annual consumer confidence report for 2007, failure to notify the public of the violations, and failure to report theviolations to the State and EPA.08-2010-0012 SWANK ENTERPRISES 11/03/2009 CAA 113D1 Action For PenaltyThis Complaint and Consent Agreement and Final Order is issued to Swank Enterprisesfor failure to thoroughly inspect an affected facility for the presence ofasbestos, including regulated asbestos containing materials, prior to conducting demolition or renovation activities.08-2010-0013 SINCLAIR REFINERY GOLF

COURSE11/19/2009 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to the Sinclair Refinery Golf Course for failure to monitor for turbidity and failure to maintain a residual disinfectant level in the waterentering the system's distribution system.08-2010-0015 HIGHWAY 89 STORAGE UNITS 11/20/2009 CERCLA 106 AO For Resp Action/Imm HazThis Administrative Settlement Agreement and Order on Consent for Removal Action is issued to ATK Launch Systems for the removal of all hazardous wastematerial at the site. Respondent shall also provide for appropriate lab-packing, or over-packing of containers or drums containing hazardous wastes and/orsubstances.08-2010-0016 LANCE CREEK WATER &

SEWER DISTRICT12/08/2009 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Lance Creek Water & Sewer District for exceeding the total coliform maximum contaminant level (MCL) and failure to providepublic notice of the violations.08-2010-0017 BITTERROOT GATEWAY MHP 01/27/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Montana Department of Environmental Quality for violations at the Bitterroot Gateway Mobile Home Park. These violationsinclude failure to monitor for combined radium at wells #1 and #2, failure to monitor for gross alpha at wells #1 and #2, failure to monitor for nitrate, failure tomonitor forinorganic chemicals, failure to notify the public of the violations and failure to report the violations to the State.08-2010-0018 WINSTON BAR WATER

SYSTEM04/20/2010 SDWA 1414G3 AO For Penalties (PWS)





SummaryThis Complaint and Notice of Opportunity for Hearing is issued to Charles Murray, owner of the Winston Bar, for failure to comply with an Administrative Order issued6/19/2008.08-2010-0020 GARD ENTERPRISES/

PROFESSIONAL HOME DESIGN12/22/2009 CWA 309A AO For Compliance

This Administrative Order for Compliance is issued to Richard and Michael Gard for the unauthorized discharge of dredged and/or fill material into wetlands adjacentto the Wind River.08-2010-0021 BP AMERICA PRODUCTION


This Consolidated Complaint and Consent Agreement is issued to BP America Production Company for violations of a permit issued pursuant to Title V or to operate amajor source except in compliance with a Title V Permit at four facilities.08-2010-0022 RESTWAY TRAVEL PARK 12/30/2009 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Doris Sherman, owner of the Restway Travel Park, for exceeding the MCL for total coliform, failure to notify the public of theviolations, and failure to report these violations to EPA.08-2010-0023 PAHVANT GROWERS 12/07/2009 FIFRA 13A AO For Stop Sale,Use,Or RemovalThis Stop Sale, Use or Removal Order is issued to Pahvant Growers for the unlawful sale of an unregistered pesticide.08-2010-0024 PINE RIDGE OIL 01/06/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramThis Field Citation is issued to Pine Ridge Oil Co. for failure to provide adequate release detection methods.08-2010-0025 ROGGEN GAS PLANT 01/08/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramThis Combined Complaint and Consent Agreement and Final Order is issued to the Roggen Gas Plant for failure to comply with the specific requirements outlined inthe RMP Program Level # Process Checklist.08-2010-0026 SHELL FALLS INTERPRETIVE

SITE01/13/2010 SDWA 1414G2 AO For Compliance (PWS)

This administrative order is issued to Big Horn National Forest for violations at the Shell Falls Interpretive Center. These violations include: failure to monitor thesystem's water twice per month for total coliform bacteria, failure to collect repeat samples, failure to inform EPA and the public of the violations.08-2010-0028 CHICAGO IMPORTS, INC. 01/12/2010 CAA 113D1 Action For PenaltyOn February 24, 2009, EPA sent a Request for Information to Respondant requesting information and documantation related to the sale and distribution of any partystring products that contained Ozone Depleating Substances (ODS). The Respondant indicated that between 2006 and 2008 it purchesed party string productscontaining R-22, a class II substance, and sold the party string products to various companies located within the United States.08-2010-0029 SAV-O-MAT CASTLE ROCK 01/13/2010 CWA 311C AO For RemovalThis Administrative Order is issued to Sav-O-Mat Castle Rock for the unlawful discharge of gasoline which may reach East Plum Creek. Respondent is ordered to withthe OSC and Colorado Division of Oil & Public Safety to implement investigation and cleanup actions.





Summary08-2010-0030 PIONEER AGVIATION 01/12/2010 FIFRA 14A Action For PenaltyThis Combined Complaint and Consent Agreement and Final Order is issued to Pioneer Agviation for using a registered pesticide in a manner that was inconsistentwith its labeling.08-2010-0031 POWER RESOURCES - SMITH

RANCH01/14/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Power Resources/Smith Ranch for failure to monitor for total coliform bacteria, exceeding the MCL for total coliform bacteria,failure to collect repeat samples, and failure to notify EPA and the State of the violations.08-2010-0032 GRANDMA'S INN 01/14/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Grandma's Inn for violating the MCL for total coliform bacteria and failure to notify EPA and the State of the violations.08-2010-0033 BIRNEY/MUDDY CLUSTER

WATER SYSTEMS01/14/2010 SDWA 1431 AO For Imm. Hazard

This Emergency Order is issued to the Northern Cheyenne Tribal Council for violations at the Birney and Muddy Cluster Water Systems. The Order is based on a lossof pressure in both distribution systems, which can cause a net movement of water from outside the pipe to the inside through cracks, breaks, or joints that arecommon in all water systems. Such a system failure may carry with it a high potential that fecal contamination or other disease causing organisms to enter thedistribution system.08-2010-0036 NORTHWOOD EQUITY

ELEVATOR02/04/2010 FIFRA 14A Action For Penalty

This Combined Complaint and Consent Agreement and Final Order is issued to Northwood Equity Elevator for failure to submit the Pesticide Report for Pesticide-Producing and Device-Producing Establishments for calendar year 2008 within the required timeframe.08-2010-0037 CONOCOPHILLIPS 02/04/2010 CAA 113D1 Action For PenaltyThis Conplaint and Settlement Agreement and Final Order is issued to Conocophillips for violations at the Argenta and Sunnyside Compressor Stations, located on theSouthern Ute Indian Reservation. 08-2010-0039 GUNLOCK SPECIAL SERVICE


This Notice of Violation is issued to the Utah Department of Environmental Quality for violations at the Gunlock Special Service District. These violations include failureto monitor for nitrate, total coliform, lead and copper, inorganic compounds, pesticides, and disinfection byproducrs. Failure to provide public notice of the violationsand failure to report the violations to the State.08-2010-0040 HORSESHOE BAR 02/08/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Niki Smoker, owner of the Horseshoe Bar for failure to monitor for total coliform bacteria, failure to notify the public of theviolations, and failure to report the violations to the State.08-2010-0041 ROBERT PFAFFENHAUSER 02/10/2010 CWA 309A AO For Compliance





SummaryThis Administrative Order for Compliance is issued to Robert Pfaffenhauser for the unlawful discharge of dredge or fill material into the Huerfano River and its adjacentwetlands.08-2010-0042 WESTERN CONVENIENCE

STORE #10402/11/2010 CWA 311C AO For Removal

This Administrative Order is issued to Western Convenience Store #104 for the unauthorized discharge of an unknown quantity of oil into East Plum Creek.08-2010-0044 DAKOTA MILL & GRAIN -

MURDO02/16/2010 FIFRA 14A Action For Penalty

This Combined Complaint and Consent Agreement and Final Order is issued to Dakota Mill & Grain (Murdo) for failure to submit the Pesticide Report for Pesticide-Producing and Device-Producing Establishments for calendar year 2008 within the required timeframe.08-2010-0045 DAKOTA MILL & GRAIN -

PRESHO02/16/2010 FIFRA 14A Action For Penalty

This Combined Complaint and Consent Agreement and Final Order is issued to Dakota Mill & Grain - Presho for failure to submit the Pesticide Report for Pesticide-Producing and Device-Producing Establishments for calendar year 2008 within the required timeframe.08-2010-0046 AIR KRAFT SPRAYING 02/19/2010 FIFRA 14A Action For PenaltyThis Combined Complaint and Consent Agreement and Final Order is issued to Air Kraft Spraying for failure to submit the Pesticide Report for Pesticide-Producingand Device-Producing Establishments for calendar year 2008 within the required timeframe.08-2010-0047 GOLDEN EAGLE REFINERY 02/19/2010 TSCA 16 Action For PenaltyThis Combined Complaint and Consent Agreement and Final Order is issued to Golden Eagle Refinery for the unlawful sale of mineral oil containing PCBs that hasbeen blended with diesel oil to a customer not qualified to burn non specification used oil fuel.08-2010-0048 COLORADO BUMPER

EXCHANGE02/12/2010 CERCLA 122h Agrmt For Cost Recovery

This Settlement Agreement for Recovery of Past Response Costs is issued to Colorado Bumper Exchange in response to the release or threatened release ofhazardous substances at or from the site. Specifically TCLP Chromium was found at the site. 08-2010-0049 KIEWIT BUILDING GROUP 06/29/2010 CWA 309G2A AO For Class I PenaltiesThis Administrative Complaint and Notice of Opportunity for Hearing is issued to Kiewit Building Group for failure to prepare and implement a Storm Water PollutionPrevention Plan, failure to perform inspections within 24 hours of storm events, and failure to properly install, implement, and maintain certain Best ManagementPractices at the site resulting in the discharge of storm water containing significant sediment to the road-side ditch along Titus Blvd. and, from there, to an unnamedditch.08-2010-0050 LAME DEER HIGH SCHOOL 03/08/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Lame Deer Public Schools for failure to monitor for residual disinfectant, failure to collect repeat samples after a positivetotal-coliform sample, failure to monitor for inorganic contaminants, and failure to notify the public of the violations.





Summary08-2010-0051 CHEKSHANI CLIFFS HOA 05/17/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Central Iron County Water Conservance District for violatons at the Chekshani Cliffs Public Water System. These violationsinclude failure to monitor for inorganic contaminants, failure to monitor for volatile organic contaminants, failure to monitor for radionuclides, failure to monitor for leadand copper, failure to monitor for nitrate, failure to monitor for total coliform bacteria, failure to provide public notice to the public and failure to report the violations tothe State.08-2010-0052 SOUTHSIDE WELL

IMPROVEMENT AND SERVICEDISTRICT

07/21/2010 SDWA 1414G3 AO For Penalties (PWS)

This Complaint and Notice of Opportunity for Hearing is issued to the Southside Well Improvement and Service District for failure to comply with 2 previously issuedAdministrative Orders.08-2010-0053 FEDEX FREIGHT 03/11/2010 CWA 309G2A AO For Class I PenaltiesThis Combined Complaint and Consent Agreement and Final Order is issued to FedEx Freight for the unlawful discharge of approximately 180 gallons of diesel fuelinto Persigo Wash, a tributary to the Colorado River.08-2010-0055 PIONEER SAND COMPANY 06/09/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to Pioneer Sand Company for owning, operating or maintaininga Class V disposal well which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinking water.08-2010-0056 R. E. MONKS CONSTRUCTION 05/13/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)This Proposed Compliance Order, Penalty Complaint, and Notice of Opportunity for Hearing is issued to R.E. Monks Construction Company for owning, operating ormaintaining a Class V disposal well which, through injection activity, allows the movement of fluid containing any contaminant into underground sources of drinkingwater.08-2010-0057 CAMBRIA IMPROVEMENT AND

SERVICE DISTRICT03/25/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Cambria Improvement and Service District for failure to monitor for lead and copper, failure to collect repeat samples after apositive total coliform routine sample, failure to notify the public of the violations, and failure to report the violations to the State and EPA.08-2010-0058 KENNINGTON SPRINGS

PIPELINE03/25/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Kennington Springs Pipeline for failure to monitor for lead and copper, failure to notify the public of the violations, and failure toreport the violations to EPA and the State.08-2010-0059 LEWIS MOBILE HOME PARK 03/29/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Lewis Mobile Home Park for failure to monitor for lead and copper, failure to monitor for residual disinfectant, failure to reportmonitoring results for chlorine, failure to notify the public of the violations and failure to report the violations to EPA.





Summary08-2010-0060 CENTENNIAL WATER AND

SEWER DISTRICT03/29/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Centennial Water and Sewer District for failure to monitor for lead and copper, and failure to prepare and distribute an annualConsumer Confidence Report to its customers and to provide a copy of the report to EPA, failure to notify the public of the violations, and failure to report the violationsto EPA.08-2010-0061 CROP PRODUCTION SERVICES 03/31/2010 FIFRA 14A Action For PenaltyThis Combined Complaint and Consent Agreement and Final Order is issued to Crop Production Services for the unlawful distribution of a pesticide that was labeled"for use and distribution only within the State of Colorado" into the State of Kansas and from the State of Kansas into the State of Nebraska.08-2010-0065 PAVESTONE COMPANY 02/11/2010 Notice of ViolationSELF DISCLOSURE 10/5/09; NOD 2/11/09; EPCRA 311 & EPCRA 312 VIOLATION; FAILURE TO SUBMIT MSDS's TO SERC, LEPC, FD WITHIN 3 MO OFREPORTABLE QUANTITY OF HAZ CHEMICALS; TIER II RPTS NOT SUBMITTED BY 3/1/09 FOR 17 PAVESTONE FACILITIES INCLUDING ONE IN FOUNTAINCO.08-2010-0066 MONTEZUMA WELL SERVICE 04/14/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis Expedited Consent Agreement and Final Order is issued to Montezuma Well Service for failure to prepare and implement an SPCC Plan for its Montezuma WellService disposal facility. 08-2010-0067 GILCO TRANSPORT 04/20/2010 CWA 311C AO For RemovalThis Administrative Order is issued to Keith D. Gilstrap, owner of Gilco Transport, for the unlawful discharge of approximately 1280 gallons of oil which might reach theNorth Fork of the Snake River. 08-2010-0068 ROYAL FLUSH SEPTIC

SERVICE04/21/2010 CWA 309A AO For Compliance

This Administrative Order for Compliance is issued to Royal Flush Septic Service for failure to develop and retain for a period of 5 years the information required foreach land application of domestic septage on agricultural land and failure to comply with the pathogen and vector attraction reduction requirements.08-2010-0069 PRETTY EAGLE SCHOOL 04/22/2010 CWA 309G2A AO For Class I PenaltiesThis Combined Complaint and Consent Agreement and Final Order is issued to the Roman Catholic Bishop of Great Falls and the St. Labre Indian School EducationalAssociation for violations concerning the Pretty Eagle School. These violations include failure to timely submit Discharge Monitoring Reports and failure to conductand/or maintain inspection records.08-2010-0070 EVANSTON PORT-OF-ENTRY 05/26/2010 SDWA 1414G3 AO For Penalties (PWS)This Complaint and Notice of Opportunity for Hearing is issued to the Wyoming Department of Transportation for violations at the Evanston Port-of-entry. EPA allegesin the complaint that the Department failed to comply with an Administrative Order issued 3/9/2009.08-2010-0073 SNOWY RANGE SKI AREA 04/19/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryThis Administrative Order is issued to the Snowy Range Ski Area for failure to comply with any coliform monitoring requirement, failure to notify the public of theviolations, and failure to report the violations to EPA and the State.08-2010-0074 4-J SCHOOL 04/19/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the 4-J School for failure to monitor the system's water for lead and copper, failure to notify the public of the violations, andfailure to report the violations to the EPA and the State.08-2010-0075 WAPITI ELEMENTARY SCHOOL 04/19/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Park County School District #6 for violations at the Wapiti Elementary School. Wapiti Elementary School failure to monitor forlead and copper, failed to notify the public of the violations, and failure to report the violations to EPA and the State.08-2010-0076 SAWMILL LODGE 04/19/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Sawmill Lodge for failure to monitor for total coliform bacteria, failure to monitor for nitrate, failure to notify the public of theviolations, and failure to report the violations to EPA and the State.08-2010-0077 RECLUSE SCHOOL 04/20/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Campbell County School District for violations at the Recluse School. These violations include failure to monitor for lead andcopper, failure to notify the public of the violations, and failure to report the violations to EPA and the State.08-2010-0078 ASHLEY NF FIREHOLE

RECREATION AREA04/20/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to the Ashley National Forest for violations at the Firehole Recreation Area. These violations include failure to monitor for nitrate,failure to notify the public of the violations, and failure to report the violations to EPA and the State.08-2010-0079 Q ROADHOUSE 04/22/2010 SDWA 1414G3 AO For Penalties (PWS)This Combined Complaint and Consent Agreement and Final Order is issued to BBQ-5, owner of the Q Roadhouse, for failure to comply with an Administrative Orderissued 1/29/2008.08-2010-0081 WYCOLO LODGE 05/03/2010 SDWA 1414G3 AO For Penalties (PWS)This Consent Agreement and Final Order is issued to Wycolo Properties for failure to comply with an Administrative Order issued 3/11/2008. 08-2010-0082 RAWHIDE RESORT 05/03/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Rawhide Resort for failure to monitor for total coliform bacteria, failure to notify the public of the violations and failure to reportthe violations to EPA and the State.08-2010-0083 BILLINGS PCE SITE 05/10/2010 CERCLA 104E5A AO For Access And/Or InfoThis Administrative Order directs Respondent to comply with a request for access. Access is required for the purpose of implementing response actions and otherwiseenforcing the provisions of CERCLA. 08-2010-0084 A BAR A RANCH 05/03/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryThis Administrative Order is issued to Cody Resources for violations at the A Bar A Ranch. These violations include failure to monitor for total coliform bacteria, failureto monitor for nitrate, failure to notify the public of the violations and failure to report the violations to EPA and the State.08-2010-0085 FLYING J 05/04/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Flying J for failure to monitor for total coliform bacteria, failure to monitor for residual disinfectant, failure to notify the public of theviolations, and failure to report the violations to the State and EPA.08-2010-0086 WOLF CREEK PASS TANKER

TRUCK RELEASE SITE05/03/2010 CWA 311C AO For Removal

This Administrative Order is issued to J.C. Hunt Trucking Company for the unauthorized discharge of 3800 gallons of gasoline into the South Fork of the Rio GrandeRiver and its adjacent wetlands.08-2010-0087 L. W. MATTESON 05/13/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)This Expedited Consent Agreement and Final Order is issued to L. W. Matteson for the unauthorized discharge of approximately 5 gallons of diesel fuel into or uponLewis and Clark Lake on the Missouri River.08-2010-0088 GRASSLANDS MOBILE HOME

PARK05/20/2010 CWA 309A AO For Compliance

This Order for Compliance is issued to Peter and Bonnie Moore, owners and operators of the Grasslands Mobile Home Park, for failure to comply with the pathogenand vector attraction reduction, application rate, and recordkeeping regulations pertaining to the land disposal of domestic septage at the Grasslands Mobile HomePark.08-2010-0089 ASHLAND CHEMICAL 05/24/2010 FIFRA 14A Action For PenaltyThis Combined Complaint and Consent Agreement and Final Order is issued to Ashland Chemical for failure to submit the "Pesticide Report for Pesticide-Producingand Device-Producing Establishment" within the required timeframe.08-2010-0090 MALMSTROM AIR FORCE BASE 06/28/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Colonel Michael Fortney, Commander at the Malmstrom Air Force Base, for exceeding the maximum contaminant level forhaloacetic acid, failure to monitor for total coliform bacteria, failure to collect repeat samples after a positive total coliform bacteria sample, failure to notify the public ofthe violations, and failure to report the violations to the State.08-2010-0091 BRYAN'S PLACE 05/20/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Bryan Pownell, owner of Bryan's Place, for failure to monitor for total coliform bacteria, failure to monitor for nitrate, failure tonotify the public of the violations, and failure to report the violations to EPA and the State.08-2010-0092 BAGGS MAN CAMP 05/20/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Nabors Drilling, owner and/or operator of Baggs Man Camp, for failure to monitor for nitrate, failure to monitor for total coliformbacteria, and failure to report the violations to EPA.





Summary08-2010-0093 LITTLE BEAR INN 05/20/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to David Bertrand, owner of the Little Bear Inn, for exceeding the maximum contaminant level for total coliform bacteria and failureto report the violations to EPA.08-2010-0094 LAMBERT SEWER & WATER 06/28/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Lambert County Sewer and Water District for failure to monitor for total coliform bacteria, failure to collect a repeat sampleafter a positive total coliform sample, failure to monitor for residual disinfectant, failure to monitor for nitrate, failure to monitor for lead and copper, exceedance of thefluoride MCL, failure to prepare and deliver an annual Consumer Confidence Report for calendar year 2008, failure to notify the public of the violations, and failure toreport the violations to the State.08-2010-0095 BENTONITE PERFORMANCE

MINERALS06/01/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Bentonite Performance Minerals for failure to monitor for lead and copper, failure to monitor for total coliform bacteria, forexceeding the MCL for total coliform bacteria, and failure to report the violations to EPA08-2010-0096 SNOW SLIP INN 06/01/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Caron Properties, owner of the Snow Slip Inn, for failure to conduct triggered source monitoring for E. coli, and failure to reportthe violations to the State.08-2010-0097 DIXON, TOWN OF 06/08/2010 SDWA 1431 AO For Imm. HazardThis Emergency Administrative Order is issued to the Town of Dixon and is based on the loss of pressure to the drinking water distribution system. The Town's watermay pose an imminent and substantial endangerment to the health of persons served by the system.08-2010-0099 DELPHI MEDICAL SYSTEM 04/09/2010 EPCRA 325 Action For PenaltyDelphi Medical Systems self-disclose that they failed to submit a Tier II Report and failure to file MSDSs for calendar years 2004 to 2009. 08-2010-0100 DELPHI MEDICAL SYSTEM 04/09/2010 EPCRA 325 Action For PenaltyThis self-disclosure from Delphi Medical System reports that they failed to report lead usage for the calendar years 2004 through 2008.08-2010-0102 PROJECT 7 WATER

AUTHORITY06/23/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This Combined Complaint and Consent Agreement and Final Order is issued to Project 7 Water Authority for failure to comply with the specific requirements outlinedin the RMP Program level 2 process Checklist.08-2010-0103 OGDEN CITY WATER


This Combined Complaint and Consent Agreement and Final Order is issued to the Ogden City Water Treatment Plant for failure to comply with the specificrequirements outlined in the RMP Program Level 3 Process Checklist.08-2010-0104 STERLING ETHANOL 06/23/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





SummaryThis Combined Complaint and Consent Agreement and Final Order is issued to Sterling Ethanol for failure to comply with the specific requirements outlined in theRMP Program Level 3 Process Checklist.08-2010-0106 ROCKY BOY'S WATER

RESOURCES06/22/2010 SDWA 1431 AO For Imm. Hazard

This Emergency Administrative Order is issued to Rocky Boy's Water Resources Department and is intended to ensure that, as repairs are made to the Newtownwater system and service is restored, the water reaching customers is safe to drink. EPA recognizes that extreme weather, and not any negligence on the part of theTribe or Water Resources, has created these conditions. The emergency was reported promptly and we appreciate the hard work underway to correct the problem.08-2010-0107 COZY MOBILE HOME PARK 06/23/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to Carl Pace, owner of the Cozy Mobile Home Park for failure to monitor for total coliform bacteria, failure to monitor for lead andcopper, failure to prepare and deliver an annual Consumer Confidence Report for calendar year 2008, failure to report the violations to EPA.08-2010-0109 BEDROCK WATER SYSTEM 06/23/2010 SDWA 1431 AO For Imm. HazardThis Emergency Administrative Order is issued to the Blackfeet Utilities Commission for a loss of water pressure in the Bedrock Water System. EPA recognizes thatvandalism, and not any negligence on the part of the Tribe, has created this condition. This order is intended to ensure that, as repairs are made to the Bedrock WaterSystem and service is restored, the water reaching customers is safe to drink.08-2010-0110 TURPIN MEADOW RANCH 06/24/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to the Western Wyoming Corporate Services for violations at the Turpin Meadow Ranch. These violations include failure to monitorfor total coliform, failure to notify the public of the violations and failure to report the violations to EPA.08-2010-0112 MILLERCOORS, LLC 07/01/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis Expedited Consent Agreement and Final Order is issued to MillerCoors, LLC for the unauthorized discharge of an unknown amount of oil into Clear Creek and itadjacent shorelines and failure to adequately prepare and implement an SPCC Plan for its MillerCoors facility.08-2010-0113 CT CORPORATION SYSTEM 06/23/2010 CWA 309A AO For ComplianceThis Administrative Order for Compliance is issued to Timber Development Corporation and Timber Jamestown Properties for failure to obtain a permit to dischargedredge and fill material into the James River.08-2010-0114 CINNAMON LODGE 06/28/2010 SDWA 1414G2 AO For Compliance (PWS)This Administrative Order is issued to CLA Enterprises, owner of Cinnamon Lodge and Adventures for failure to monitor for E. coli, failure to collect repeat samplesfollowing a total-coliform positive sample, failure to notify the public of the violations, and failure to report the violations to the State.08-2010-0115 MAGNA ENERGY SERVICES 07/01/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)This Expedited Consent Agreement and Final Order is issued to Magna Energy Services for the unauthorized discharge of approximately 13 gallons of motor oil intoCrazy Woman Creek, a tributary to the Powder River.08-2010-0116 B&K MOBILE HOME PARK 07/07/2010 SDWA 1414G2 AO For Compliance (PWS)





SummaryThis Administrative Order is issued to Boyd Potts, owner of the B&K Mobile Home Park for failure to monitor for lead and copper, failure to monitor for total coliformbacteria, failure to prepare and deliver an annual Consumer Confidence Report for calendar year 2006, failure to notify the public of the violations, and failure to reportthe violations to EPA.08-2010-0117 SUNNYSIDE MOBILE HOME

PARK07/13/2010 SDWA 1414G3 AO For Penalties (PWS)

This Simultaneous Commencement and Conclusion and Final Order is issued to TPJ Investors, Owner of Sunnyside Mobile Home Park for failure to comply with anAdministrative Order issued 5/19/2008. 08-2010-0119 EVRAZ NORTH AMERICA 07/20/2010 CWA 309G2A AO For Class I PenaltiesThis Expedited Consent Agreement and Final Order is issued to EVRAZ North America for the unauthorized discharge of approximately 10 gallons of oil into SaltCreek, a tributary to the Arkansas River.08-2010-0120 A PLUS RECYCLING 07/26/2010 CAA 113D1 Action For PenaltyThis Consolidated Complaint and Consent Agreement and Final Order is issued to A Plus Recycling for the unlawful disposal of a small appliance without verifying thatrefrigerant had been removed.08-2010-0121 JBS SWIFT LAMB COMPANY 07/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramThis Expedited Settlement Agreement and Final Order is issued to JBS Swift Lamb Company for failure to comply with the specific requirements outlined in the RMPProgram Level 3 Process Checklist.08-2010-0123 LODORE SUPPER CLUB AND

SALOON07/28/2010 SDWA 1414G2 AO For Compliance (PWS)

This Administrative Order is issued to Richard Smith, owner of the Lodore Supper Club and Saloon, for failure to monitor for total coliform bacteria, failure to notify thepublic of the violations, and failure to report the violations to EPA and the State.CO-CO-100517-1

EDWIN WIEDEMAN AND GARYWIEDEMAN (COU000326)NOVCD


NOVCD ISSUED 5-17-10 CITING DISCHARGE WITHOUT A PERMIT.CO-EC-100127-1

MOUNTAIN VIEW FEEDERS,LLC


CO-EC-100712-1

MOUNTAIN VIEW LAMBFEEDERS (COU000327)EXPEDITED SETTLEMENTAGREEMENT






Summary

CO-ES-091014-1 STEAMBOAT SKI AND RESORTCORPORATION (COR03C126)EXPEDITED SETTLEMENTAGREEMENT


EXPEDITED SETTLEMENT AGREEMENT ISSUED 10-14-09 FOR DEFICIENCIES IDENTIFIED IN INSPECTION REPORT.CO-ES-100330-4 AMERICAN INFRASTRUCTURE,

INC. (COU000309) EXPEDITEDSETTLEMENT AGREEMENT


CO-HC-091229-1

HERITAGE FARMS, LLC(COU000049) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT ISSUED TO RESOLVE VIOLATIONS CITED IN NOVCD DATED 1-12-05.CO-HP-100305-4

HERITAGE FARMS, LLC(COU000049) CIVIL PENALTYORDER


CIVIL PENALTY ORDER ISSUED 3-5-10 FOR VIOLATIONS CITED IN COMPLIANCE ORDER ON CONSENT DATED 12-29-09.CO-IC-091201-1 MOUNTAIN COAL COMPANY

(CO0038776) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT DATED 12-1-09 FOR FAILURE TO SUBMIT DMRS BY REQUIRED DATE, FAIOURE TO SUBMIT COMPLETE AND/ORACCURATE DMRS, AND FAILURE TO COMPLY WITH EFFLUENT LIMITATIONS.CO-IO-100224-1 WESTERN SUGAR

COOPERATIVE, THE(CO0041351) NOVCD


NOVCD ISSUED 2-24-10 FOR FAILURE TO COMPLY WITH PERMIT EFFLUENT LIMITATIONS.CO-IO-100601-1 COTTER CORPORATION

(CO0001244)06/01/2010 State CWA Non Penalty AO





SummaryCO-IP-100122-1 MOUNTAIN COAL COMPANY,

LLC (CO0038776) CIVILPENALTY ORDER


CO-MC-100326-1

STONEGATE VILLAGEMETROPOLITAN DISTRICT(CO0040291) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT DATED 3-26-10 FOR VIOLATIONS CITED IN NOVCD DATED 8-31-07.CO-MC-100713-1

CONGREGATION EMANUEL(CO0047473) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT DATED 7-13-10 FOR VIOLATIONS CITED IN NOVCD DATED 3-16-06.CO-MC-100721-1

ASPEN CONSOLIDATEDSANITATION DISTRICT(CO0026387) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT DATED 7-21-10 FOR VIOLATIONS CITED IN NOVCD DATED 3-31-08.CO-MO-100426-1

HOT SULPHUR SPRINGS,TOWN OF (COG588084) NOVCD


NOVCD ISSUED 4-26-10 FOR EXCEEDANCE OF PERMIT LIMITS.CO-MO-100427-1

ROCKY FORD, CITY OF(CO0023850) NOVCD


NOVCD ISSUED 4-27-10 FOR EFFLUENT VIOLATION OF LIMITS AND FAILURE TO SUBMIT DMRS FOR 9-09.CO-MO-100504-2

WCFLP RE WIND RIVER, LP(CO0046787) NOVCD


NOVCD ISSUED 5-4-10 FOR EFFLUENT VIOLATIONS OCCURING BETWEEN 6-1-09 AND 9-30-09.CO-SC-091007-1

BERRY PETROLEUMCOMPANY (COR-039733)COMPLIANCE ORDER ONCONSENT






SummaryCOMPLIANCE ORDER ON CONSENT DATED 10-7-09 CITING DEFICIENT AND/OR INCOMPLETE STORMWATER MANAGEMENT PLAN, AND FAILURE TOIMPLEMENT AND/OR MAINTAIN BMP TO PROTECT STORMWATER RUNOFF.CO-SC-091007-2

ENTERPRISE PRODUCTSOPERATING LLC (COR10C052)COMPLIANCE ORDER ONCONSENT


CO-SC-091007-3

MARATHON OIL COMPANY/ENTERPRISE PRODUCTS(COR-03C052) COMPLIANCEORDER ON CONSENT


CO-SC-091116-1

KUMMER DEVELOPMENTCORPORATION (COR038057)COMPLIANCE ORDER ONCONSENT


COMPLIANCE ORDER ON CONSENT ISSUED 11-16-09 FOR VIOLATIONS CITED IN NOVCDO DATED 9-17-08.CO-SC-091116-2

SEMA CONSTRUCTION, INC.(COR03A102) CONSENTORDER


COMPLIANCE ORDER ON CONSENT DATED 11-16-09 FOR VIOLATIONS CITED IN NOVCD DATED 5-13-08.CO-SC-100106-1

UNION PACIFIC RAILROADCOMPANY (COR800747)COMPLIANCE ORDER ONCONSENT


COMPLIANCE ORDER ON CONSENT ISSUED 1-6-10 FOR VIOLATIONS CITED IN NOVCDO DATED 4-26-07.CO-SC-100106-2

NATIVE EXCAVATING(COR03A433) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT DATED 1-6-10 FOR VIOLATIONS CITED IN NOVCDO DATED 7-29-08.





SummaryCO-SC-100113-1

PREMIER EUROCASE, INC.(COR011012) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT ISSUED 1-13-10 FOR VIOLATIONS CITED ON NOVCDO DATED 7-29-08.CO-SC-100126-1

CLAREMONT DEVELOPMENTINC. (COR108148)COMPLIANCE ORDER ONCONSENT


COMPLIANCE ORDER ON CONSENT DATED 1-26-10 FOR VIOLATIONS CITED IN NOVCD ISSUED 5-13-08.CO-SC-100315-1

ROCKRIMMONCONSTRUCTORS (COR038487)COMPLIANCE ORDER ONCONSENT


COMPLIANCE ORDER ON CONSENT DATED 3-15-10 FOR DEFICIENT AND/OR INCOMPLETE STORMWATER MANAGEMENT PLAN, AND FAILURE TOIMPLEMENT AND/OR MAINTAIN BMP TO PROTECT STORMWATER RUNOFF.CO-SC-100503-2

COLORADO PETROLEUMPRODUCTS COMPANY(COR230684) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT DATED 5-3-10 FOR VIOLATIONS CITED IN AN NOVCD DATED 5-14-07.CO-SC-100514-1

PLAINS EXPLORATION ANDPRODUCTION COMPANY(COR03C370)


COMPLIANCE ORDER ON CONSENT FOR DEFICIENT AND/OR INCOMPLETE STORMWATER MANAGEMENT PLAN, FAILURE TO IMPLEMENT AND/ORMAINTAIN BMP TO PROTECT STORMWATER RUNOFF, AND FAILURE TO CONDUCT INSPECTIONS OF STORMWATER MANAGEMENT SYSTEM.CO-SC-100610-1

FMI SECURITY COMMONS, LLC 06/10/2010 State CWA Penalty AO

COMPLIANCE ORDER ON CONSENT DATED 6-10-10 FOR VIOLATIONS CITED IN NOVCD DATED 4-14-09.CO-SC-100706-1

BRANNAN SAND AND GRAVELCOMPANY, LLC (COR230296)COMPLIANCE ORDER ONCONSENT






SummaryCOMPLIANCE ORDER ON CONSENT DATED 7-6-10 FOR VIOLATIONS CITED IN COMPLIANCE ADVISORY DATED 9-26-06 AND NOVCD DATED 3-15-07.CO-SC-100712-1

HAMON CONTRACTORS, INC.(COR108697) COMPLIANCEORDER ON CONSENT


COMPLIANCE ORDER ON CONSENT DATED 7-12-10 FOR VIOLATIONS CITED IN NOVCD ISSUED 2-6-06.CO-SO-100329-1

CONCRETE EXPRESS, INC.(COR03F285) NOVCD


NOVCD ISSUED 3-29-10 FOR DEFICIENT AND/OR INCOMPLETE STORMWATER MANAGEMENT PLAN, FAILURE TO CONDUCT AND/OR DOCUMENTINSPECTIONS OF STORMWATER MANAGEMENT SYSTEM, AND FAILURE TO INSTALL, MAINTAIN, OR PROPERLY SELECT BMP. CO-SP-091117-1 VILLAGE HOMES OF

COLORADO, INC. (COR105753)CIVIL PENALTY ORDER


CO-SP-091117-2 BERRY PETROLEUMCOMPANY (COR039733) CIVILPENALTY ORDER


CO-SP-091117-3 ENTERPRISE PRODUCTSOPERATING, LLC (COR03C052)CIVIL PENALTY ORDER


CO-SP-091117-4 MARATHON OIL COMPANY(COR03C052) CIVIL PENALTYORDER


CO-SP-091130-1 CORNERSTONE TOWNHOMES,LLC (COR107606) CIVILPENALTY ORDER


CO-SP-100107-1 SEMA CONSTRUCTION, INC.(COR03A102) CIVIL PENALTYORDER






Summary

CO-SP-100107-2 KUMMER DEVELOPMENTCORPORATION (COR038057)CIVIL PENALTY ORDER


CO-SP-100223-1 SONORAN CUSTOM HOMES,LLC (COR03B020) CIVILPENALTY ORDER)


CO-SP-100305-1 UNION PACIFIC RAILROADCOMPANY (COR800747)


CIVIL PENALTY ORDER ISSUED 3-5-10 FOR VIOLATIONS CITED IN COMPLIANCE ORDER ON CONSENT DATED 1-6-10.CO-SP-100305-2 PREMIER EUROCASE, INC

(COR011012) CIVIL PENALTYORDER


CIVIL PENALTY ORDER ISSUED 3-5-10 FOR VIOLATIONS CITED IN COMPLIANCE ORDER ON CONSENT DATED 1-13-10.CO-SP-100305-3 NATIVE EXCAVATING, INC

(COR03A433) CIVIL PENALTYORDER


CIVIL PENALTY ORDER ISSUED 3-5-10 FOR VIOLATIONS CITED IN COMPLIANCE ORDER ON CONSENT DATED 1-6-10.CO-SP-100330-2 CLAREMONT DEVELOPMENT,

INC. (COR108148) CIVILPENALTY ORDER


CIVIL PENALTY ORDER ISSUED 3-30-10 FOR VIOLATIONS CITED IN COMPLIANCE ORDER ON CONSENT DATED 1-26-10.CO-SP-100504-1 ROCKRIMMON

CONSTRUCTORS (COR038487)CIVIL PENALTY ORDER


CO-SP-100518-1 COLORADO REGIONALCONSTRUCTION, INC.(COR039988) CIVIL PENALTYORDER






Summary

CO-SP-100722-1 COLORADO PETROLEUMPRODUCTS COMPANY(COR230684) CIVIL PENALTYORDER


CIVIL PENALTY ORDER ISSUED 7-22-10 FOR VIOLATIONS CITED IN 5-3-10 COMPLIANCE ORDER ON CONSENT.MT-1822 TOWN OF PHILIPSBURG WWTP 01/08/2010 State Administrative Order of Consent

MT-BRADY BRADY COUNTY WATER ANDSEWER


MT-FID1839 LEISURE VILLAGESUBDIVISION


MT-FID1839_1 LEISURE VILLAGEHOMEOWNERS ASSOCIATION


MT-FID1886 THREE FORKS PROPERTIES,LLC


MT-FID1887 BULLOCK CONTRACTING, LLC 05/13/2010 State CWA Penalty AO

MT-FID1919 HAVRE - CITY OF 06/21/2010 State CWA Penalty AO

MT-FID1920 CITY OF RED LODGE WWTP 06/15/2010 State Administrative Order of Consent

MT-FID1921 BIGFORK COUNTY WATERAND SEWER






SummaryMT-FID-1934 VAUGHN CASCADE COUNTY

SEWER DISTRICT08/06/2010 State CWA Penalty AO

UT-050600201 JOHN KUHNI SONS, INC 01/13/2010 Civil Judicial Action

UT-I08-01 JOHN KUHNI & SONS 01/13/2010 State CWA Non Penalty AOKuchni truck dumping boiler water on a site in Palmyra, Utah. Dumping dates where witness 08-31-07, 09-04-07, 09-10-07, 09-17-07.UT-I08-9 JOHN KUHNI & SONS NOV DUE

TO INSPECTION 07/17/200801/13/2010 State CWA Non Penalty AO

UT-I09-02 GENWAL RESOURCES, INC-CRANDALL CANYON MINE


UT-I09-04 PENTALON CONSTRUCTION/CHASE BANK CONSTRUCTION


UT-I09-09 CINDY TAYLOR TRUCKING &CONSTRUCTION SW NOV


UT-I09-10 INTERSTATE ROCK PRODUCTCONSTRUCTION NOV


UT-I09-16 CHAPMAN CONSTRUCTIONCOMPANY SWCENFORCEMENT


UT-I09-18 GENWALL RESOURCE, INC. 02/08/2010 State CWA Non Penalty AO





SummaryUT-I09-19 WHITAKER CONSTRUCTION/

JORDAN RIVER PHASE 5SEWER PROJECT


UT-M09-01 SPRINGVILLE CITYDISCHARGES TO BIG SPRINGCREEK


UT-M09-01 SPRINGVILLE CITYDISCHARGES TO BIG SPRINGCREEK


UT-M09-03 CENTRAL WEBER SEWERAMMONIA & MERCURYVIOLATIONS


UT-M09-04 PRICE RIVER'S SEWER LINEDISCHARGE OF RAW SEWAGE07/27/2009





Summary09-1990-2500 HUNTER'S POINT NAVAL

SHIPYARD FFA (FF)12/17/2009 CERCLA 120E Federal Facility Agreement (FFA)

Federal Facility Interagency Agreement with the US Navy concerning the former Hunter's Point Naval Shipyard in San Francisco, California.09-1990-2500 HUNTER'S POINT NAVAL

SHIPYARD FFA (FF)06/22/2010 CERCLA 120E Federal Facility Agreement (FFA)





SummaryFederal Facility Interagency Agreement with the US Navy concerning the former Hunter's Point Naval Shipyard in San Francisco, California.09-1993-2501 ANDERSEN AIR FORCE BASE

FFA (FF)12/17/2009 CERCLA 120E Federal Facility Agreement (FFA)

Andersen Air Force Base Federal Interagency Agreement.09-2001-0159 ALAMEDA NAVAL AIR STATION

(FF)11/16/2009 CERCLA 120E Federal Facility Agreement (FFA)

This is a Federal Facilities Agreement (FFA) between the United States Department of the Navy, the State of California, and the US Environmental Protection Agencyfor the former Alameda Naval Air Station in Alameda, California. Under the FFA, the Navy agrees to clean up contamination at the former Alameda NAS pursuant toCERCLA Section 120. As part of the CERCLA cleanup process, the Navy will prepare Records of Decision (RODs) for various cleanups undertaken at the site.09-2005-0179 SAINT-GOBAIN CONTAINERS


This is a civil judicial referral regarding Saint-Gobain Containers, Inc.'s facility in El Monte, California for possible violations of the Clean Air Act (CAA), 42 U.S.C. ??7401-7671a. The referral is part of EPA?s multi-regional enforcement case against SGCI initiated by Region 10?s civil referral in July, 2005. The multi-regionalenforcement action includes allegations against SGCI of major modifications constructed without obtaining a Prevention of Significant Deterioration (PSD) permit asrequired by 42 U.S.C. ? 7475 and 40 C.F.R. ? 52.21. SGCI has fifteen glass container manufacturing facilities in the United States. EPA is seeking injunctive reliefand penalties, though the allocation between faclities is to be determined.09-2005-0207 LENNAR COMMUNITY

DEVELOPMENT02/05/2010 Civil Judicial Action

This is a Civil Judicial Referral pursuant to CAA 110 asking the Department of Justice to bring an action against Lennar Community Development Inc. The violationinvolves failure to control dust.09-2006-0121 ALERIS INTERNATIONAL (NC) 10/22/2009 Civil Judicial ActionThis is a Civil Judicial Referral pursuant to the Clean Air Act (CAA) asking the Department of Justice to bring an action against Aleris Internationl, Inc. The violationinvolves failure to operate within the parameters established during their source test. This is a national case with lead by Region 4.09-2006-0223 PACIFIC PIPELINE SYSTEMS 03/04/2010 Civil Judicial ActionThis is a civil judicial referral asking the Department of Justice to bring an action against Pacific Pipeline Systems for penalties to resolve a violation of CWA 311(b)(3)(discharge of oil to waters of the United States).09-2007-0045 SANTILLANES TOWING AND

SALVAGE07/07/2010 RCRA 3008A AO For Comp And/Or Penalty





SummaryThis is an administrative civil penalty action pursuant to RCRA issued to Mr. Tony Santillanes. The violation involves failure to respond to an information request,storage and disposaly of hazardous waste without a permit, and failure to notify EPA of waste activity. The Complaint requests a civil penalty and directs Respondentto stop all non-compliant hazardous waste activities, submit a waste determination and disposal plan and schedule, properly dispose of waste as approved by EPA,submit a workplan to investigate and remediate, and investigate and remediate as approved by EPA. 09-2007-0196 CITY AND COUNTY OF SAN

FRANCISCO02/11/2010 Civil Judicial Action

The claims stem from a December 2005 release of between 39,488 to 53,988 gallons of red dye diesel fuel from a bus servicing facility (known as "the WoodsFacility") operated by the San Francisco Municipal Transportation Agency ("SF MTA"), as well as interference (caused by the release) with the Bruce Flynn PumpStation, which is part of the City and County's wastewater collection and treatment system. In the December 2005 incident, some of the diesel traveled from theWoods facility's underground storage tanks ("USTs") via a facility storm drain into San Francisco's southeast watewater treatment system, then into Islais Creek whichdrains into Central San Francisco Bay. The referral requests that DOJ initiate a judicial action seeking penalties for: (1) the spill itself; (2) the failure of the City andCounty to implement SPCC Plans at three of its bus servicing facilities; (3) a pretreatment violation at a City and County pump station; and (4) UST violations at thefacility where the release occurred.09-2008-2500 RHONE-POULENC / ZOECON

(AKA STARLINK LOGISTICS,INC.)


Case summary pending.09-2008-2508 PRESERVATION AVIATION /

COUNTERCLAIMS11/20/2009 Civil Judicial Action

This referral describes the basis for defense of the agency and its employees in connection with litigation filed in the United States District Court for the Central Districtof California. EPA further recommends filing a counterclaim against two of the three plaintiffs to recover approximately $6.4 million in past response costs incurred byEPA at the Preservation Aviation, Inc. Superfund Site in North Hollywood, California (PAI Site). Note that, as described in below, EPA anticipates recoveringapproximately $3.7 million of these past costs pursuant to a pending settlement with a separate set of PAI Site parties, and at that point, the Agency s outstandingcosts will be reduced to $2.7 million. In addition, EPA recommends seeking civil penalties for failure to comply with an administrative order and for failure to respondto information requests, plus punitive damages. 09-2008-4025 ABTECH INDUSTRIES, INC. 01/25/2010 FIFRA 14A Action For PenaltyThis is a Civil Complaint pursuant to FIFRA filed against Abtech Industries, Inc., for a penalty of $61,900.09-2009-0505 MOBIL

CABRIS&SAIPANTERMINAL07/27/2010 Civil Judicial Action

TBA09-2009-1545 EAGLE MARINE SERVICES

LTD.12/14/2009 CWA 309G2B AO For Class II Penalties





SummaryThis civil administrative enforcement action is to seek penalty under the Clean Water Act. The civil compliant proposes penalties of up to $177,500.00. 09-2009-1550 MARINE TECHNICAL SERVICES 06/07/2010 CWA 309G2B AO For Class II PenaltiesThis civil administrative enforcement action is to seek penalty under the Clean Water Act. The civil complaint proposes penalties of up to $177,500.00. 09-2009-2506 USA V. APACHE NITROGEN

PRODUCTS, INC.12/15/2009 Civil Judicial Action

This consent decree is a CERCLA Section 106 and 107 settlement with Apache Nitrogen Products, Inc., the owner and operator of the Apache Powder Superfund site.09-2009-2512 ALL METALS PROCESSING

REFERRAL FOR COSTRECOVERY


The US EPA is seeking assistance from the US DOJ in connection with a potential enforcement matter concerning the All Metals Processing Site, located in LosAngeles County, California. In 2007, EPA carried out a CERCLA removal action to clean up metal plating hazardous wastes left behind by All Metals Processing Co.after the company was evicted from the property. Soil beneath and adjacent to the metal plating building was also contaminated with metal plating hazardoussubstances. EPA incurred more than $2.26 million in costs in removing the abandoned metal plating liquid wasts, contaminated soil and ultimately, the building itself. 09-2009-2515 MCCLELLAN AFB

PRIVATIZATION AOC - 600ACRES, FOSET #1


This AOC is the second round of "privatized cleanup" at the former McClellan Air Force Base Superfund Site (Site) in Sacramento County, California. Pursuant to thisAOC, Respondent McClellan Business Park, LLC (MBP) will perform RI/FS and RD/RA activities for cleanup (not including groundwater and several other conditions)of approximately 600 acres of the Site. The Air Force will transfer the property to Sacramento County, which will immediately transfer the property to MBP. The AirForce will enter into an environmental services cooperative agreement with the County to provide the funds for the County to perform the cleanup. The County in turnwill enter into an agreement with MBP to fund MBP's work under the AOC. Under the AOC, EPA will select response actions for soil and soil gas cleanup at theProperty and MBP will perform the cleanup under EPA and State oversight. If MBP fails to perform, the Air Force will be required to perform all remaining cleanupwork at the property, under an amendment to the Federal Facilities Agreement for the Site. 09-2009-2524 OPERATING INDUSTRIES INC.

(AKA AMERONINTERNATIONAL), NINTHPARTIAL CONSENT DECREE


Pending.09-2009-2534 PEARL HARBOR SUPERFUND

SITE AO TO KAANAPALI LANDLLC






SummaryThis order requires the respondent to perform work in support of an engineering evaluation / cost analysis on the property known as the Oahu Sugar Company Mixingsite which is located within the Pearl Harbor Naval Complex Superfund site. 09-2009-4039 DOLLAR STORE, INC 06/24/2010 FIFRA 14A Action For PenaltyThis is an Administrative Penalty Action pursuant to FIFRA issued to Dollar Store, Inc. The alleged violation involves offer for sale of unregistered pesticides. TheComplaint seeks statutory max on two counts.09-2009-4040 BUGBAM! PRODUCTS, LLC 05/26/2010 FIFRA 14A Action For PenaltyThis is an Administrative Penalty Action pursuant to FIFRA issued to BugBam! Products, LLC. The alleged violation involves sale of unregistered pesticides. TheComplaint proposes a penalty of $11,500. 09-2009-4041 GRANITE MARKETING 01/20/2010 FIFRA 14A Action For PenaltyThis is an Administrative Penalty Action pursuant to FIFRA issued to Granite Marketing. The alleged violation involves sale and/or distribution of an unregisteredpesticide. The combined Complaint/Consent Agreement establishes a penalty of $5,200. 09-2009-4042 VF OUTDOOR, INC. 04/22/2010 FIFRA 14A Action For PenaltyThis is an Administrative Penalty Action pursuant to FIFRA issued to VF Outdoor, Inc. The alleged violation involves offering for sale unregistered pesticides. TheComplaint seeks statutory maximum on 162 counts. 09-2009-5039 SHELL GUAM INC. 3008(H) UAO 11/04/2009 RCRA 3008H AO For Corrective ActionEPA Region 9 issued a Unilateral Administrative Order ("UAO") to Shell Guam Inc. ("Shell") pursuant to Section 3008(h) of the Resource Conservation and RecoveryAct ("RCRA") to compel completion of their historically voluntary corrective action program at Shell's petroleum terminal located at Chalan Tenjo Vista, Piti, Guam.EPA 9 issued this order to Shell, the present facility owner & operator, prior to their planned sale of the facility. 09-2009-6501 GAY & ROBINSON, INC. 04/06/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)EPA alleges that Respondent failed to close 40 large capacity cesspools in violation of the large cesspool ban that took effect on April 5, 2005.09-2009-6502 KULA LODGE AND

RESTAURANT02/12/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

2 LCCs still open at site. 2 LCCs are closed as of December 15, 2009. Replaced with state approved IWS.09-2010-1001 THOMAS OIL AND GAS

(BRINDLE-THOMAS)11/23/2009 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

This is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1002 SFO FUEL TANK FARM (SFO

FUEL/CHEVRON)12/08/2009 CWA 311B6B2 AO For Class II Penalty

This is a Consent Agreement and Final Order under Section 311(b)(6)(B)(ii) of the Clean Water Act.





Summary09-2010-1003 DARLING INTERNATIONAL 01/14/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1004 VINTAGE PRODUCTION

CALIFORNIA BANDINI01/14/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

This is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1005 WESTERN ENERGETIX 01/29/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1006 MERCY HOSPITAL 02/22/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1007 LOVE'S BAKERY 03/01/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1008 NORTHERN LIGHTS ENERGY 03/22/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1009 MARIANAS CLEANERS 03/29/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramThis is an expedited settlement agreement to resolve violations with payment of a penalty and certification of compliance.09-2010-1010 AMERICAN SAMOA

DEPARTMENT OF PORTADMINISTRATION

05/24/2010 CWA 311E1B AO For Imminent Hazard

This is an Adminiistrative Order on Consent, EPA Docket No. 09-2010-002 (CWA311), issued pursuant to Sections 311(e)(1)(B) of the Clean Water Act.09-2010-1011 AMERICA SAMOA

DEPARTMENT OF PORTADMINISTRATION


This is a Consent Agreement and Final Order under Section 311(b)(6)(B)(i) of the Clean Water Act.09-2010-1554 CEMEX AO 10/13/2009 CWA 309A AO For ComplianceThis is a CWA Order requiring Cemex to apply for storm water permit coverage.09-2010-1555 ALCO IRON AND METAL


Comply fully with existing SWPPP, update SWPPPP and conduct increased monitoring and reporting. 09-2010-1556 PORT OF STOCKTON 12/04/2009 CWA 309A AO For Compliance





SummaryThis is action is an administrative order on consent to address violations of the Port of Stockton's MS4 permit. The Order requires the Port to take corrective measures.09-2010-1557 CITY OF ALAMEDA

COLLECTION SYSTEM11/18/2009 CWA 309A AO For Compliance

This is an Administrative Order (AO) for compliance pursuant to CWA 309(a)issued to the City of Alameda. The AO cites violations of their NPDES permit prohibitionsincluding sanitary sewer overflows from the City's collection system to storm drains and to waters of the United States, and causing and/or contributing to overflows atEBMUD's wet weather facilities. The Order directs the City of Alameda to take steps to eliminate sewage spills (SSOs)and to control Inflow and Infiltration (I&I) into theCity's collection system to help prevent unpermitted discharges from EBMUD's wet weather facilities. 09-2010-1558 CITY OF ALBANY COLLECTION

SYSTEM11/18/2009 CWA 309A AO For Compliance

This is an Administrative Order (AO) for compliance pursuant to CWA 309(a)issued to the City of Albany. The AO cites violations of their NPDES permit prohibitionsincluding sanitary sewer overflows from the City's collection system to storm drains and to waters of the United States, and causing and/or contributing to overflows atEBMUD's wet weather facilities. The Order directs the City of Albany to take steps to eliminate sewage spills (SSOs)and to control Inflow and Infiltration (I&I) into theCity's collection system to help prevent unpermitted discharges from the EBMUD wet weather facilities. 09-2010-1559 CITY OF BERKELEY


This is an Administrative Order (AO) for compliance pursuant to CWA 309(a)issued to the City of Berkeley. The AO cites violations of their NPDES permit prohibitionsincluding sanitary sewer overflows from the City's collection system to storm drains and to waters of the United States, and causing and/or contributing to overflows atEBMUD's wet weather facilities. The Order directs the City of Berkeley to take steps to eliminate sewage spills (SSOs)and to control Inflow and Infiltration (I&I) into theCity's collection system to help prevent unpermitted discharges from the EBMUD facilities in wet weather. 09-2010-1560 CITY OF EMERYVILLE


This is an Administrative Order (AO) for compliance pursuant to CWA 309(a)issued to the City of Emeryville. The AO cites violations of their NPDES permitprohibitions including sanitary sewer overflows from the City's collection system to storm drains and to waters of the United States, and causing and/or contributing tooverflows at EBMUD's wet weather facilities. The Order directs the City of Emeryville to take steps to eliminate sewage spills (SSOs)and to control Inflow andInfiltration (I&I) into the City's collection system to help prevent unpermitted discharges from the EBMUD facilities in wet weather. 09-2010-1561 CITY OF OAKLAND 11/18/2009 CWA 309A AO For ComplianceThis is an Administrative Order (AO) for compliance pursuant to CWA 309(a)issued to the City of Oakland. The AO cites violations of their NPDES permit prohibitionsincluding sanitary sewer overflows from the City's collection system to storm drains and to waters of the United States, and causing and/or contributing to overflows atEBMUD's wet weather facilities. The Order directs the City of Oakland to take steps to eliminate sewage spills (SSOs)and to control Inflow and Infiltration (I&I) into theCity's collection system to help prevent unpermitted discharges from the EBMUD's wet weather facilities. 09-2010-1562 CITY OF PIEDMONT






SummaryThis is an Administrative Order (AO) for compliance pursuant to CWA 309(a)issued to the City of Piedmont. The AO cites violations of their NPDES permitprohibitions including sanitary sewer overflows from the City's collection system to storm drains and to waters of the United States, and causing and/or contributing tooverflows at EBMUD's wet weather facilities. The Order directs the City of Piedmont to take steps to eliminate sewage spills (SSOs)and to control Inflow and Infiltration(I&I) into the City's collection system to help prevent unpermitted discharges from the EBMUD's wet weather facilities. 09-2010-1563 STEGE SANITARY DISTRICT 11/18/2009 CWA 309A AO For ComplianceThis is an Administrative Order (AO) for compliance pursuant to CWA 309(a)issued to the Stege Sanitary District. The AO cites violations of their NPDES permitprohibitions including sanitary sewer overflows from the District's collection system to storm drains and to waters of the United States, and causing and/or contributingto overflows at EBMUD's wet weather facilities. The Order directs the Stege Sanitary District to take steps to eliminate sewage spills (SSOs)and to control Inflow andInfiltration (I&I) into the District's collection system to help prevent unpermitted discharges from EBMUD's wet weather facilities. 09-2010-1564 TONY'S FINE FOODS CA/FO 02/11/2010 CWA 309G2A AO For Class I PenaltiesEPA assessed a penalty for the discharge of ammonia without a NPDES permit at the California Cold Logistics facility.09-2010-1566 402 FISHER SAND AND

GRAVEL 2010 AO03/11/2010 CWA 309A AO For Compliance

AO directed Fisher to install BMPs along the Oak Creek Bridge and to develop and implement BMPs to contain sediment-laden storm water pumped from the creekarea.09-2010-1570 402 ADOT STATE ROUTE 179

OAK CREEK FY10 AO03/11/2010 CWA 309A AO For Compliance

Pending.09-2010-2007 JAMES VAN TREES 01/26/2010 CWA 309A AO For Compliance40409-2010-2008 404 ADOT 2010 AO 03/11/2010 CWA 309A AO For ComplianceThe AO directed ADOT to comply with permit conditions, including maintaining markers at the limits of construction.09-2010-2501 AEROJET GENERAL CORP.

UAO FOR REMOVAL IN OU 0511/03/2009 CERCLA 106 AO For Resp Action/Imm Haz

This Order pertains to the property known as the Aerojet General Superfund Site, located in Rancho Cordova, Sacramento County, California. This Order requires theRespondent to conduct work in support of a removal action described herein to abate an imminent and substantial endangerment to the public health, welfare, or theenvironment that may be present by the actual or threatened release of hazardous substances at or from the Site.09-2010-2502 OMEGA CHEMICAL

SUPERFUND SITE AO FORINDOOR AIR REMOVAL


This administrative order requires the respondents to address the migration of volatile organic chemicals into indoor air at the Omega Chemical Corp. Superfund site.





Summary09-2010-2505 NORTH HOLLYWOOD AO FOR

RI WITH HONEYWELL INTL INC01/04/2010 CERCLA 122A/104A Agrmt For RI/FS

This administrative settlement agreement and order on consent is entered into voluntarily by the US EPA and Honeywell International Inc. for the preparation andperformance of remedial investigation work at the North Hollywood Operable Unit of the San Fernando Valley (Area 1) Superfund Site located in Los Angeles,California. It also requires the reimbursement of future response costs incurred by EPA in connection with the work. 09-2010-2506 T. H. AGRICULTURE &

NUTRITION SETTLEMENT FORPAST RESPONSE COSTS


This settlement concerns the T. H. Agriculture & Nutrition Superfund site located at 7183 McKinley Ave., Fresno, California. In response to the release or threatenedrelease of hazardous substances at or from the Site, EPA undertook response actions at the Site pursuant to Section 104 of CERCLA. This settlement requires therespondents to pay EPA for these response costs. 09-2010-2507 SANTA SUSANA ADMIN ORDER

FOR ACCESS ANDPARTICIPATION WITH EPARESPONSE


This administrative order on consent is between US EPA and The Boeing Company (respondent). This order requires the respondent to grant EPA and its authorizedrepresentative entry and access to the Santa Susana Field Laboratory (SSFL) located in Venture County, California, for the purpose of taking an investigation ofradiological contamination in SSFL, Area IV and the adjacent norther buffer zone of SSFL. 09-2010-2507 SANTA SUSANA ADMIN ORDER


03/12/2010 CERCLA 107L Filing Of Lien

This administrative order on consent is between US EPA and The Boeing Company (respondent). This order requires the respondent to grant EPA and its authorizedrepresentative entry and access to the Santa Susana Field Laboratory (SSFL) located in Venture County, California, for the purpose of taking an investigation ofradiological contamination in SSFL, Area IV and the adjacent norther buffer zone of SSFL. 09-2010-2507 SANTA SUSANA ADMIN ORDER



This administrative order on consent is between US EPA and The Boeing Company (respondent). This order requires the respondent to grant EPA and its authorizedrepresentative entry and access to the Santa Susana Field Laboratory (SSFL) located in Venture County, California, for the purpose of taking an investigation ofradiological contamination in SSFL, Area IV and the adjacent norther buffer zone of SSFL.





Summary09-2010-2508 AZTEC SPECIALTY CHEMICAL

AO FOR REMOVAL04/15/2010 CERCLA 106 AO For Resp Action/Imm Haz

This Unilateral Administrative Order is issued pursuant to the authority vested in the President of the United States by Section 106(a) of the ComprehensiveEnvironmental Response, Compensation, and Liability Act of 1980. This Order pertains to property located at 2120 15th Place, in Phoenix, Arizona. This Orderrequires the Respondents to conduct removal actions described herein to abate an imminent and substantial endangerment to public health or welfare or theenvironment that may be presented by the actual or threatened release of hazardous substances at or from the Site. 09-2010-2510 NUWAY DRY CLEANERS SITE


This unilateral administrative order requires the respondents to perform a removal action at the Nuway Dry Cleaners site at 15595 8th Street, Victorville, SanBernardino County, California.09-2010-2513 TAFUNA METAL SCRAP YARD


This unilateral administrative order requires the American Samoa Power Authority to perform a removal at the Tafuna Scrap Metal Yard. 09-2010-3000 KELLY MOORE PAINT CO. 03/04/2010 EPCRA 325 Action For PenaltyThis is an Administrative Penalty action pursuant to EPCRA 313 issued to Kelly-Moore Paint Company, Inc. The violation involves failure to file timely Toxic ChemicalRelease Inventory Forms required under Section 313 for zinc compounds and certain glycol ethers in 2004 and 2005. The Respondent self-disclosed this omission on7/15/2008. Pursuant to the EPA Audit Policy the Respondent did not meet the criteria for 100% mitigation of the penalty (calculated at 108,800). Accordingly, theCAFO establishes a penalty of $17,136 and a SEP in the amount of $68,544.09-2010-3001 BLUESTAR SILICONES USA


null09-2010-3002 ARGO CHEMICAL 05/25/2010 EPCRA 325 Action For PenaltyThis is an Administrative Penalty action pursuant to EPCRA 313 issued to Argo Chemical. The violation involves the failure to file timely Toxic Chemical ReleaseInventory Forms required under Section 313 for Ammonia in 2006. The CAFO establishes a penalty of Eleven thousand two hundred dollars ($11,200).09-2010-3003 LEVLAD, LLC 05/10/2010 EPCRA 325 Action For PenaltyThis is an Administrative Penalty action pursuant to EPCRA 313 issued to Levlad, LLC. The violation involves failure to file timely Toxic Chemical Release InventoryForms required under Section 313 for Benzoyl Peroxide, Certain Glycol Ethers and Zinc Compounds in 2005; Benzoyl Peroxide, Certain Gylcol Ethers and ZincCompounds in 2006; and Benzoyl Peroxide and Certain Glycol Ethers in 2007. The respondent self-disclosed this omission on 11/18/2008. Pursuant to the EPAAudit Policy the Respondent met the criteria for 100% mitigation of the penalty (calculated at $160,800). Accordinly, the CAFO establishes a penalty of zero dollars($0).09-2010-3004 VD NIOTAN, INC. 06/18/2010 EPCRA 325 Action For Penalty





SummaryThis is an Administrative Penalty action pursuant to EPCRA 313 issued to Niotan, Inc. The violation involves failure to file timely Toxic Chemical Release InventoryForms required under Section 313 for Nitric Acid in 2007. The respondent self-disclosed this omission on 8/8/2008. Pursuant to EPA Audit Policy the respondent metthe criteria for 100% mititagion of the penalty (calculated at $2,100). Accordingly, the CC establishes a penalty of zero dollars ($0).09-2010-3006 EPCRA 313 - FY2010 -

GARRATT-CALLAHANCOMPANY


This is an Administrative Penalty action puruant to EPCRA 313 issued to Garratt-Callahan, Inc. The violation involves failure to file timely Toxic Chemical ReleaseInventory Forms required under Section 313 for Sodium Nitrite for Reporting Years 2005, 2006, and 2007. The CAFO establishes a penalty for forty-six thousand onehundred dollars ($46,100).09-2010-3007 VD AGILENT TECHNOLOGIES 06/18/2010 EPCRA 325 Action For Penaltynull09-2010-3008 VD SAFETRAN SYSTEMS


This is an Administrative Penalty action pursuant to EPCRA 313 issued to Safetran Systems Corporation/Invensys Systems, Inc. The violation involves failure to filetimely Toxic Chemical Release Inventory Forms required under Section 313 for lead in 2005, 2006, 2007 and 2008. The Repondent self-disclosed the omission on1/1/2010. Pursuant to the EPA Audit Policy the Respondent met the criteria for 100% mitigation of the penalty (calculated at $83,515). Accordingly, the CCestablishes a penalty of zero dollars ($0).09-2010-3009 VD WEIR FLOWAY FY2010 06/24/2010 EPCRA 325 Action For PenaltyThis is an Administrative Penalty action pursuant to EPCRA 313 issued to Weir Floway, Inc. The violation involves failure to file timely Toxic Chemical ReleaseInventory Forms required under Section 313 for chromium and copper in 2006 and chromium and copper in 2007. The Respondent self-disclosed this omission on03/09/2009. Pursuant to the EPA Audit Policy the Respondent met the criteria for 100% mitigation of the penalty (calculated at $80,460). Accordingly, the CAFOestablishes a penalty of zero dollars ($0).09-2010-3500 VIGNOLO FARMS CAA112R


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Vignolo Farms, for the Vignolo Farms Potato Shedfacility in Bakersfield, California. The violation involves failure to review and resubmit the facility's Risk Management Plan by August 15, 2008. The Complaint seeks$200 and compliance. The facility is now in compliance with the requirement.09-2010-3501 SEARLES VALLEY EPCRA-

CERCLA10301/14/2010 CERCLA 109 Action For Penalty





SummaryThis is an Administrative Penalty Order issued to Searles Valley Mineral pursuant to Comprehensive Environmental Response, Compensation and Liability Act Section103 and Emergency Planning Community Right-to-Know Act Section 304 for violations of the release reporting requirements under those laws. The facility failed toimmediately report releases of hazardous substances in reportable quantities from three of its facilities, the Trona Facility, the Westend facility and the Potash facility.The facility paid a $64,700 penalty and completed a $35,000 SEP.09-2010-3501 SEARLES VALLEY EPCRA-

CERCLA10301/14/2010 EPCRA 325 Action For Penalty

This is an Administrative Penalty Order issued to Searles Valley Mineral pursuant to Comprehensive Environmental Response, Compensation and Liability Act Section103 and Emergency Planning Community Right-to-Know Act Section 304 for violations of the release reporting requirements under those laws. The facility failed toimmediately report releases of hazardous substances in reportable quantities from three of its facilities, the Trona Facility, the Westend facility and the Potash facility.The facility paid a $64,700 penalty and completed a $35,000 SEP.09-2010-3502 GATX EPCRA/CERCLA 103 10/15/2009 CERCLA 109 Action For PenaltyThis is an administrative penalty action pursuant to Section 103 of CERCLA and Section 304 of EPCRA issued to GATX Corporation. The violations involve a releasof ammonia on September 9, 2008, and the Respondent's failure to immediately report the release to the NRC, the LEPC or CUPA and the SERC. The Complaint/Consent Agreement establishes that Respondent will pay a penalty of $5,000 and in addition Respondent will perform a Supplemental Environmental Project (SEP)mercury monitoring equipment to the San Bernardino County Fire Department of a value totaling $20,700. Accordingly, the total dollar value of the SEP and penaltytogether is $25,700.09-2010-3503 CITY OF RIVERSIDE CAA 112R


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to the City of Riverside, for the Sixth Street ChlorinationStation facility in San Bernardino, CA. The violation involves failure to review and resubmit the facility's Risk Management Plan by August 9, 2007. The final penaltyamount is $2,000. The facility is now in compliance with the requirement.09-2010-3504 COLUMBUS MANUFACTURING

AOC02/23/2010 CAA 113A Admin Compliance Order (Non-Penalty)

This is an Administrative Order on Consent issued to Columbus Manufacturing pursuant to Clean Air Act Section 113(a)(3)(B), enforcing violations from the facility'sfailure to safely design and operate its ammonia refrigeration system. The Order directs the facility to undertake specific actions in order to come into compliance withrecognized industry standards.09-2010-3505 EPCRA NON-313 ATKO

BUILDING MATERIALS05/18/2010 EPCRA 325 Action For Penalty

AtKO Building Materials voluntarily self-disclosed violations of EPCRA Sections 311 and 312 to the EPA on August 18, 2009 in accordance with EPA's "Incentives forSelf-Policing: Discovery, Disclosure, Correction and Prevention of Violations" Policy, dated May 11, 2000. ATKO failued to submit MSDS or a list of hazardouschemicals with 90 days of their presence on-site and failed to provide an annual chemical inventory of subject chemicals for the reporting years 2005-2009 for facilitiesin Mesa, Avondale, Tucson and Casa Grande, to the SERC and LEPCs as required.





Summary09-2010-3506 EPCRA NON-313 DANDY

COOLING CO. LLC05/18/2010 EPCRA 325 Action For Penalty

This is an administrative penalty action pursuant to Sections 311 and 312 of EPCRA issued to Dandy Cooling Company, LLC. The company self-disclosed theviolations under the EPA Small Business Policy and Audit Policy. The violations involve failure to provide chemical hazard information to the State EmergencyResponse Commission (SERC), the Local Emergency Planning Committee (LEPC) as required under Section 311 of EPCRA and to provide annual chemicalinventories to the SERC, LEPC and the fire department with jurisdiction for the reporting years 2004 thru 2008. Under the EPA's Audit Policy, if the facility has met allnine qualifying criteria, only the economic benefit portion of the penalty may be considered. The Complaint/Consent Agreement establishes that the economic benefitrealized by the company as a result of the noncompliance was minimal and that the Respondent has qualified for mitigation of 100% of the gravity portion of thepenalty. The penalty would have been approximately $43,233 had the violation been discovered by EPA prior to the self-disclosure under the Policy.09-2010-3508 EPCRA NON-313 FOREMOST

FOODS, INC.06/04/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

This is an administrative penalty action under an expedited settlement agreement pursuant to Section 312 of EPCRA issued to Foremost Foods, Inc. The violationsinvolve failure to provide annual chemical inventories to the SERC, LEPC and the fire department with jurisdiction for the reporting years 2007 thru 2009. The penaltyassessed was $2,000, a reduced penalty under the ESA.09-2010-3510 EPCRA NON-313 GO

DADDY.COM, INC.07/06/2010 EPCRA 325 Action For Penalty

This is an administrative penalty action pursuant to Section 312 of EPCRA Go Daddy.com, Inc. The violations involve the Respondent's failure to submit annualchemical inventories for three facilities for one year (2008) by March 1, 2009 to the LEPC, and the SERC. The violations were disclosed in by the company under theAudit Policy. The Complaint / Consent Agreement establishes that Respondent is eligible for 100% mitigation of the penalty under the terms of the audit policyconditions. The violations have been corrected.09-2010-3511 EPCRA NON-313 TONY'S FINE

FOODS12/28/2009 CERCLA 109 Action For Penalty

This is an administrative penalty action pursuant to Section 304 of EPCRA and Section 103 of CERCLAissued to Tony's Fine Foods. The violations involve releasesof ammonia on October 3, 2008, January 9, 2009 and December 4, 2008, and the Respondent's failure to immediately report the release to the NRC, the LEPC, andthe SERC. The Complaint / Consent Agreement establishes that Respondent will pay a penalty of $82,533 penalty, $22,914 for failure to notify the NRC and $59,619for failure to notify the appropriate state and local agencies, as required under CERCLA Section 103 and EPCRA Section 304.09-2010-3511 EPCRA NON-313 TONY'S FINE

FOODS12/28/2009 EPCRA 325 Action For Penalty

This is an administrative penalty action pursuant to Section 304 of EPCRA and Section 103 of CERCLAissued to Tony's Fine Foods. The violations involve releasesof ammonia on October 3, 2008, January 9, 2009 and December 4, 2008, and the Respondent's failure to immediately report the release to the NRC, the LEPC, andthe SERC. The Complaint / Consent Agreement establishes that Respondent will pay a penalty of $82,533 penalty, $22,914 for failure to notify the NRC and $59,619for failure to notify the appropriate state and local agencies, as required under CERCLA Section 103 and EPCRA Section 304.





Summary09-2010-3513 ALSTYLE APPAREL 051010

CERCLA CAFO05/10/2010 CERCLA 109 Action For Penalty

This is a CERCLA §109 penalty action for Respondent's failure to promptly notify the NRC of its March 23, 2008 release of phosphoric acid above the reportablequantity (RQ) as set out at CERCLA 104. A CAFO has been negotiated/signed and entered which requires Respondent to pay civil penalties in the amount of $12000.09-2010-3521 BRITZ-SIMPLOT GROWER

SOLUTIONS - STOCKTONFACILITY CAA 112R ESA


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Britz-Simplot Grower Solutions - Stockton Facility inStockton, California. The violation involves failure to review and resubmit the facility's Risk Management Plan by September 29, 2009. The final penalty amount is$600.00. The facility is now in compliance with the requirement.09-2010-3522 CALARCO, INC., GILKEY

FACILITY CAA 112R ESA06/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to CALARCO, Inc., Gilkey Facility in Corcoran,California. The violation involves failure to review and resubmit the facility's Risk Management Plan by July 27, 2009. The final penalty amount is $800.00. Thefacility is now in compliance with the requirement.09-2010-3523 SIERRA HILLS PACKING, INC.

CAA 112R ESA06/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Sierra Hills Packing, Inc., in Stockton, California. Theviolation involves failure to review and resubmit the facility's Risk Management Plan by October 1, 2009. The final penalty amount is $600. The facility is now incompliance with the requirement.09-2010-3524 CALARCO, INC., HANSEN

FACILITY CAA 112R ESA06/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to CALARCO, Inc., Hansen Facility in Corcoran,California. The violation involves failure to review and submit the facility's Risk Management Plan by July 27, 2009. The final penalty amount is $800. The facility isnow in compliance with the requirement.09-2010-3525 S & S PRODUCE, LLC CAA 112R


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to S & S Produce, LLC, in Dinuba, California. Theviolation involves failure to review and resubmit the facility's Risk Management Plan by October 26, 2009. The final penalty amount is $200. The facility is now incompliance with the requirement.09-2010-3526 CHINCHIOLO STEMLIT CAA

112R ESA06/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





SummaryThis is an Administrative Penalty Action (Expeditied Settlement Agreement), pursuant to CAA 112(r)(7), issued to Chinchiolo Stemilt in Stockton, California. Theviolation involves failure to review and resubmit the facility's Risk Management Plan by October 1, 2009. The final penalty amount is $600. The facility is now incompliance with the requirement.09-2010-3527 RIVER RANCH FRESH FOOD,

LLC CAA 112R ESA06/03/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to River Ranch Fresh Foods, LLC, in Salinas,California. The violation involves failure to review and resubmit the facility's Risk Management Plan by August 20, 2009. The final penalty amount is $1,200. Thefacility is now in compliance with the requirement.09-2010-3528 THE LYMAN GROUP, INC. CAA


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to The Lyman Group, Inc., in Walnut Grove, California.The violation involves failure to review and resubmit the facility's Risk Management Plan by September 21, 2009. The final penalty amount is $800. The facility is nowin compliance with the requirement.09-2010-3529 SECONDARY WASTEWATER

TREATMENT PLANT CAA 112RESA


This is an Administrative Penalty Action (Expeditied Settlement Agreement), pursuant to CAA 112(r)(7), issued to Secondary Wastewater Treatment Plant in Modesto,California. The violation involves failure to review and resubmit the facility's Risk Management Plan by July 7, 2009. The final penalty amount is $2,000. The facility isnow in compliance with the requirement.09-2010-3530 SODA LAKE I GEOTHERMAL

PROJECT CAA 112R ESA06/24/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Soda Lake I Geothermal Project in Fallon, Nevada.The violation involves failure to review and resubmit the facility's Risk Management Plan by May 20, 2009. The final penalty amount is $800. The facility is now incompliance with the requirement.09-2010-3531 SODA LAKE II GEOTHERMAL

PROJECT CAA 112R ESA06/24/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Soda Lake II Geothermal Project in Fallon, Nevada.The violation involves failure to review and resubmit the facility's Risk Management Plan by May 20, 2009. The final penalty amount is $800. The facility is now incompliance with the requirement.09-2010-3532 TANIMURA & ANTLE (YUMA)






SummaryThis is an Administrative Penalty Action (Expedited Settlement Agreement), purusant to CAA 112(r)(7), issued to Tanimura & Antle (Yuma), for their facility in Yuma,Arizona. The violation involves failure to reveiw and resubmit the facility's Risk Management Plan by June 18, 2009. The final penalty amount is $1200. The facility isnow in compliance with the requirement.09-2010-3533 COMPTON AG SERVICES, LLC


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Compton Ag Services, LLC, for their facility in Blythe,California. The violation involves failure to review and resubmit the facility's Risk Management Plan by March 4, 2008. The final penalty amount is $1200. The facilityis now in compliance with the requirement.09-2010-3534 SEMCO SOUTH COOLING CAA


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Semco South Cooling, for their facility in Yuma,Arizona. The violation involves failure to review and resubmit the facility's Risk Management Plan by June 22, 2009. The final penalty amount is $300. The facility isnow in compliance with the requirement.09-2010-3535 MONROVIA NURSERY

COMPANY CAA 112R ESA08/09/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Monrovia Nursery Company, for their facility inAzusa, California. The violation involves failure to review and resubmit the facility's Risk Management Plan by June 30, 2009. The final penalty amount is $1,200.The facility is now in compliance with the requirement.09-2010-3536 NEWSTAR FRESH FOODS, LLC


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to NewStar Fresh Foods, LLC, for their facility inSalinas, California. The violation involves failure to review and resubmit the facility's Risk Management Plan by August 23, 2005, and August 23, 2008. The finalpayment amount is $1,300. The facility is now in compliance with the requirement.09-2010-3537 SANGER POULTRY CAA 112R


This is an Administrative Penalty Action (Expedited Settlement Agreement), pursuant to CAA 112(r)(7), issued to Sanger Poultry, for their facility in Sanger, California.The violation involves failure to review and resubmit the facility's Risk Management Plan by June 15, 2009. The final penalty amount is $600. The facility is now incompliance with the requirement.09-2010-3575 EPCRA NON-313 WILLOCKS

CONSTRUCTION CORP05/17/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program





SummaryThis is an administrative penalty action pursuant to Section 304 of EPCRA, Section 103 of CERCLA, and Section 112(r)(7) of the CAA issued to Dole PackagedFoods, LLC. The violations involve a release of ammonia on July 18, 2006, and the Respondent's failure to timely submit an annual chemical inventory report to theSERC, the LEPC, and the Fire Department. The Complaint / Consent Agreement establishes that Respondent will pay a penalty of $2,000 and come into compliancewith the requirements of EPCRA Section 312.09-2010-3576 EPCRA 312- UNITY

DEVELOPMENT CORP.08/09/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

This is an administrative penalty action pursuant to Section 312 of EPCRA issued to Unity Development Corporation, Tamuning, Guam. The violations involve failureto provide annual chemical inventories to the SERC, LEPC and the fire department with jurisdiction for the reporting years 2006 thru 2008. Under the EPA'sEnforcement Response Policy and Expedited Settlement Agreement Policy,the penalty assessed was $2,000. The facility came into compliance within 45 days ofnotice of violation.09-2010-4050 AAP ENTERPRISES INC., DBA

ALL AMERICAN PRODUCTS01/20/2010 FIFRA 14A Action For Penalty

This is an Administrative Penalty Action pursuant to FIFRA issued to AAP Enterprises Inc., dba All American Products. The violation involves offering for saleunregistered pesticides. The combined Complaint/Consent Agreement establishes a penalty of $8,100.09-2010-4051 CALIFONE INTERNATIONAL,


This is an Administrative Penalty Action pursuant to FIFRA issued to Califone, Inc. The violation involves offering for sale unregistered pesticides. The combinedComplaint/Consent Agreement establishes a penalty of $220,000.09-2010-4052 GOWAN COMPANY LLC 02/11/2010 FIFRA 14A Action For PenaltyThis is an administrative penalty action pursuant to FIFRA issued to Gowan Company. The violation involves importation of a misbranded pesticide. The combinedComplaint/Consent Agreement establishes a penalty of $17,760. 09-2010-4053 COMPONENT HARDWARE

GROUP, INC. / JOHN S. DULL05/06/2010 FIFRA 14A Action For Penalty

This is an Administrative Penalty action pursuant to FIFRA issued to Component Hardware Group, Inc. / John S. Dull. This action is resolved by means of a ConsentAgreement and Final Order. The violation involves sale and/or distribution of unregistered pesticides. The Consent Agreement and Final Order establishes a penalty inthe amount of $98,300. 09-2010-4054 ANIMAL DERMATOLOGY

LABORATORIES06/24/2010 FIFRA 14A Action For Penalty

This is an Administrative Penalty Action pursuant to FIFRA issued to Animal Dermatology Laboratories. The violation involves sale and distribution of misbrandedpesticides. The combined Complaint/Consent Agreement establishes a penalty of $20,240. 09-2010-5046 ART CRAFT PAINT, INC. 10/20/2009 RCRA 3008A AO For Comp And/Or Penalty





SummaryThis is an Administrative Penalty settlement where the Consent Agreement and Final Order simultaneously initiates and concludes the enforcement action. This is aRCRA Subtitle C settlement with Art Craft Paint, Inc. The violations involve (1) failure to label hazardous waste containers/storage of hazardous waste for periodsexceeding 90 days; (2) open containers; (3) tank violations; (4) lack of aisle space; (5) training violations; (6) failure to conduct weekly inspections; (7) failure to makehazardous waste determinations; (8) no contingency plan; and (9) failure to submit a 2007 Biennial Report. The Order directs Art Craft Paint, Inc. to pay an $8000penalty, which was developed from the facility's demonstrated inability to pay the full penalty.09-2010-5047 SHELL GUAM INC. 3008(H) AOC 10/29/2009 RCRA 3008H AO For Corrective ActionOn October 29, 2009 EPA Region 9 executed an Administrative Order on Consent "AOC") with Shell Guam Inc. ("Shell") pursuant to Section 3008(h) of the ResourceConservation and Recovery Act ("RCRA") to compel completion of their historically voluntary corrective action program at Shell's petroleum terminal located at ChalanTenjo Vista, Piti, Guam. EPA 9 issued this order to Shell, the present facility owner & operator, prior to their planned sale of the facility.09-2010-5049 PHOTO CHEM 12/14/2009 RCRA 3008A AO For Comp And/Or PenaltyThis is an administrative settlement where the Consent Agreement and Final Order simultaneously initiates and concludes the enforcement action. This is a RCRASubtitle C settlement with Photo Chem Etch, Inc. The violations involve (1) storage of hazardous waste without a permit; (2) failure to close containers of hazardouswaste; (3) failure to have sufficient aisle space (4) failure to have a contingency plan; and (5) failure to comply with hazardous waste training requirements. This is anadministrative settlement where the Consent Agreement and Final Order simultaneously initiates and concludes the enforcement action. Photo Chem Etch, Inc.returned to compliance shortly after the September 2008 inspection. The Order directs Photo Chem Etch, Inc. to pay a $2000 penalty. The total penalty andinstallment plan was developed based on Photo Chem Etch, Inc.'s inability to pay the full penalty. 09-2010-5050 AL'S PLATING COMPANY, INC. 02/12/2010 RCRA 3008A AO For Comp And/Or PenaltyConsent Agreement/Final Order for repeated violations of RCRA large quantity generator requirements.09-2010-5051 NU METAL 02/11/2010 RCRA 3008A AO For Comp And/Or PenaltyThis is an Administrative Penalty complaint and consent agreement pursuant to RCRA subtitle C which simultaneously initiates and concludes this action with respectto Nu-Metal Finishing. The violations alleged are: (1) storage of HW without a permit and (2) open containers. The Respondent has agreed to pay a penalty of $5200.09-2010-5052 HERMETIC SEAL

CORPORATION - CA/FO03/04/2010 RCRA 3008A AO For Comp And/Or Penalty

Hermetic Seal Corporation, Inc. was found to be in violation of hazardous waste management regulations including 40 CFR 265 Subpart CC air pollution controlrequirements for containers, inspection requirements, container labeling requirements, and storage of hazardous waste for over 90-days without a permit.09-2010-5053 BOWMAN PLATING COMPANY

CA-FO05/05/2010 RCRA 3008A AO For Comp And/Or Penalty

This is an administrative penalty and consent agreement pursuant to RCRA Subtitle C, which simultaneously initiates and concludes this action with respect toBowman Plating Company, Inc. The violations alleged are: 1. failure determine if waste is hazardous, 2. storage of hazardous waste without a permit, 3. failure tomaintain and operate the facility to minimized the possibility of any unplanned release, 4. failure to prepare a manifest for transport of hazardous waste, 5. failure todevelop and implement a personnel training program, 6. failure to maintain a complete manifest, 7. failure to properly manage satellite accumulation containers, and 8.failure to meet Land Disposal Restriction recordkeeping requirements.





Summary09-2010-5056 AAA PLATING AND

INSPECTION, INC.06/23/2010 RCRA 3008A AO For Comp And/Or Penalty

This is an administrative penalty order pursuant to RCRA issued to AAA Plating and Inspection, Inc. The violation involves failure to store hazardous waste without apermit; open containers; lack of container access; and failure to conduct weekly inspections. Final penalty was set at $19,800. 09-2010-5060 RCRA C FY10 HIGHLAND

PAINTING COMPANY AO07/14/2010 RCRA 3008A AO For Comp And/Or Penalty

This is an administrative penalty order pursuant to RCRA issued to Highland Plating Company. The violations involved storage of hazardous waste without a permit;failure to properly maintain and operate the facility, failure to develop and implement a personnel training plan, failure to maintain a complete contingency plan, opencontainers and inadequate aisle space. Final penalty was set at $7500 and Highland must submit four reports to EPA over the next 2 years demonstrating continuedcompliance with RCRA regulations.09-2010-5511 USTPO FY09 DOE REMOTE

SENSING LAB10/19/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Installation of inadequate overfill prevention equipment, Failure to maintain results of release detection and Failure to document all release detection performanceclaims. 09-2010-5512 USTPO FY09 GANADO USD 20

(NAV-055)10/16/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

40CFR280.45(C) Failure to document every calibration, maintenance, and repair of release detection.09-2010-5513 USTPO FY10 STELLA LAKE FBI

(NV-090818H)11/06/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Failure to provide a current 7530-1 UST Notification Form.09-2010-5514 USTPO FY10 CHINLE FLEET

MGMT SVCS (NAV-187)10/02/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

Failure to provide any cathodic protection to metal piping.09-2010-5515 USTPO FY10 TOHATCHI

CHEVRON (NAV-230)01/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

280.45(c) Failure to document calibration, maintenance, and repair of release detection.09-2010-5516 USTPO FY10 CROWNPOINT

BUS BARN (NAV-354)02/02/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

280.45 Failure to maintain every record of release detection monitoring. 280.43(d) Inadequate operation or maintenance of automatic tank gauging.





Summary09-2010-5517 USTPO FY10 THOREAU SCH

BUS BARN (NAV-349)02/02/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

280.45 Failure to maintain every record of release detection monitoring. 280.43(d) Inadequate operation or maintenance of automatic tank gauging.09-2010-5518 USTPO FY10 CHINLE

CHEVRON (NAV-147)02/02/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

280.31(b) Failure to ensure proper operation of cathodic protection system.09-2010-5519 USTPO FY10 ALAMO NAVAJO

COMMUNITY SCHOOL(NAV366-090821 )


Failure to ensure that cathodic protection system is tested every 3 years.09-2010-5520 USTPO FY10 7-2-11 STORE #27

(NAV-015)04/01/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

280.20(b)(2)(ii) Installation of improperly designed Cathodic Protection for metal piping.09-2010-6017 SDWA PWS BIA TRUXTON

AGENCY (090400063)05/20/2010 SDWA 1414G2 AO For Compliance (PWS)

Arsenic MCL violation. Pending09-2010-6018 SDWA PWS BIA SAN CARLOS

(090400060)06/09/2010 SDWA 1414G2 AO For Compliance (PWS)

Arsenic MCL violation. Pending.09-2010-6020 SDWA PWS U.S. ARMY

GARRISON YUMA PROVINGGROUND/ KOFA (AZ0414367)


U.S. Army Garrison Yuma Proving Ground/Kofa Firing Range Public Water System (PWS ID No. AZ0414367) failed to meet the drinking water maximum contaminantlevel ("MCL") for arsenic since June 2007 to the present. EPA adminstrative order requires the U.S. Army Garrison at Yuma Proving Ground to provide EPA Region 9with plans and schedules to meet the MCL for arsenic by June 2012.09-2010-6021 SDWA PWS U.S. ARMY

GARRISON YUMA PROVINGGROUND/LAAF (AZ0414361)


U.S. Army Garrison Yuma Proving Ground Laguna Army Airfield (PWS ID No. AZ0414361) public water system failed to meet the drinking water maximumcontaminant level ("MCL") for arsenic since September 2007 to the present. EPA Region 9 administrative order requires the U.S. Army Garrison to provide EPARegion 9 with plans and schedules to meet the arenic MCL by June 30, 2012.





Summary09-2010-6022 SDWA PWS U.S. ARMY

GARRISON YUMA PROVINGGROUND/MATERIAL TESTINGAREA (AZ0414363)


U.S. Army Garrison Yuma Proving Ground Material Testing Area public water system (PWS ID No. AZ0414363) failed to meet the drinking water maximumcontaminant level ("MCL") for arsenic since June 2007. EPA Region 9 administrative order requires the U.S. Army Garrison to provide EPA Region 9 with plans andschedules to meet the arsenic MCL by June 2012.09-2010-6500 KOMOHANA HEIGHTS

SUBDIVISION04/22/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

Closure of two LCCs09-2010-6501 JOHNSON RESORT

PROPERTIES06/03/2010 SDWA 1423C1 AO For Penalty-Non Oil/Gas (UIC)

Three LCCs closed, plus SEP plus penalty09-2010-6502 INJECTION INTO USDW &

FAILURE TO FOLLOW PERMITCONDITIONS

07/06/2010 SDWA 1423C2 AO For Penalty-Oil/Gas (UIC)

Injection into a USDW and failure to comply permit conditions. Injection into the well ceased 09/18/2008. Penalty of $108500 was paid 07/07/2010.09-2010-7000 WILLIAMS TRUST

APARTMENTS LONG BEACH10/30/2009 TSCA 16 Action For Penalty

This is an Administrative Penalty action pursuant to TSCA 1018 issued to Williams Trust. The violation involves failure to properly provide residential lead-based paintdisclosure as required under section 1018 of the Toxic Substances Control Act. This action was brought against the company after a routine inspection of the facility.Pursuant to the enforcement response policy the penalty in this matter was $7,952.09-2010-7001 ACADEMY OF MATH AND

SCIENCE07/01/2010 TSCA 207 AO For Asbestos/Schools (LEA)

Academy of Math and Science failed to conduct an inspection and develop an asbestos management plan as required under the Asbestos Hazard EmergencyResponse Act (AHERA). The charter school has since had an asbestos management plan prepared. Academy of Math and Science was fined $5,185 for theseviolations of AHERA but is required to pay $2,069 into the Asbestos Trust Fund because the penalty is larger than its cost of compliance.09-2010-7002 ANDRE AGASSI COLLEGE

PREPARATORY ACADEMY07/01/2010 TSCA 16 Action For Penalty





SummaryAndre Agassi College Preparatory Academy failed to conduct an inspection and develop an asbestos management plan as required under the Asbestos HazardEmergency Response Act (AHERA). The charter school has since had an asbestos management plan prepared. Andre Agassi College Preparatory Academy wasfined $2,700 for these violations of AHERA but is not required to pay any part of this fine into the Asbestos Trust Fund because the penalty is smaller than its cost ofcompliance.CA-2009-1029 LIVE OAK CITY WWTP - ACL 12/09/2009 State CWA Penalty AO

CA-2009-1048 PLANADA WWTF - ACL 11/30/2009 State CWA Penalty AO

CA-2009-1076 TOWN OF SCOTIA - ACL 12/10/2009 State CWA Penalty AO

CA-2009-1079 FERNDALE WWTF - ACL 12/10/2009 State CWA Penalty AO

CA-2009-1087 CHICO WATER POLLUTIONCONTROL PLANT - ACL


CA-2009-1109 MT. VIEW SANITARY DISTRICTWWTP - ACL


CA-2009-1173 UC BODEGA MARINE LAB - ACL 06/10/2010 State CWA Penalty AO

CA-2010-1000 LAS GALLINAS VALLLEY SDWWTP - CDO


CA-2010-1001 CITY OF MANTECA WQCF -TSO


CA-2010-1003 CITY OF OAKLAND SSO - CDO 11/18/2009 State CWA Non Penalty AO





SummaryCA-2010-1004 CITY OF IRVINE,

GROUNDWATER DEWATERINGFACILITIES - TSO


CA-2010-1005 SAUSALITO-MARIN CITYSANITARY DISTRICT - ACL


CA-2010-1006 BELLA VISTA WTP - CDO 12/10/2009 State CWA Non Penalty AO

CA-2010-1007 ORINDA WATER TREATMENTPLANT - CDO


CA-2010-1009 RUSSIAN RIVER WWTF - CDO 02/08/2010 State CWA Non Penalty AO

CA-2010-1014 TURLOCK WQCF - TSO 01/28/2010 State CWA Non Penalty AO

CA-2010-1016 PLANADA CSD WWTF - TSO 02/11/2010 State CWA Non Penalty AO

CA-2010-1017 HOT CREEK FISH HATCHERY -ACL


CA-2010-1018 COLFAX WWTP - CDO 01/28/2010 State CWA Non Penalty AO

CA-2010-1019 THUNDER VALLEY CASINOWWTP - TSO


CA-2010-1020 COACHELLA SD WWTP - CDO 03/18/2010 State CWA Non Penalty AO

CA-2010-1021 BRAWLEY WWTP - ACL 03/18/2010 State CWA Penalty AO





Summary

CA-2010-1022 CASCADE SHORES WWTP -ACL


CA-2010-1024 DAVIS WWTP - TSO 03/18/2010 State CWA Non Penalty AO

CA-2010-1025 EL DORADO HILLS WWTP -TSO


CA-2010-1037 QUINCY WWTP - CDO 03/18/2010 State CWA Non Penalty AO

CA-2010-1040 COUNTRY LIFE MHRVP WWTF -ACL


CA-2010-1041 MCCABE UNION SCHOOLDISTRICT MWWTP - ACL


CA-2010-1048 HANGTOWN CREEK WRF - ACL 12/08/2009 State CWA Penalty AO

CA-2010-1050 GALT SD - ACL 12/03/2009 State CWA Penalty AO

CA-2010-1063 SIMI VALLEY WWRP - EPL 06/30/2010 State CWA Penalty AO

CA-2010-1067 CENTINELA STATE PRISONWWTP - ACL


CA-2010-1070 AVALON WWTF - ACL 01/20/2010 State CWA Penalty AO





SummaryCA-2010-1071 STOCKTON REGIONAL WWCF -

ACL02/09/2010 State CWA Penalty AO

CA-2010-1072 REDONDO BEACH, SEASIDELAGOON - TSO


CA-2010-1073 NOVATO SD WWTP - CDO 05/12/2010 State CWA Non Penalty AO

CA-2010-1074 SANTA PAULA WRF - TSO 12/15/2009 State CWA Non Penalty AO

CA-2010-1075 STILLWATER WWTF - CDO 05/27/2010 State CWA Non Penalty AO

CA-2010-1076 MT SHASTA WWTP - CDO 05/27/2010 State CWA Non Penalty AO

CA-2010-1077 DUNSMUIR WWTP - CDO 05/27/2010 State CWA Non Penalty AO

CA-2010-1078 CITY OF SAN LUIS OBISPO -TSO


CA-2010-1079 PARADISE ID WTP - TSO 05/27/2010 State CWA Non Penalty AO

CA-2010-1080 HEALDSBURG WWTF - CDO 06/10/2010 State CWA Non Penalty AO

CA-2010-1081 GRASS VALLEY WWTP - CDO 05/27/2010 State CWA Non Penalty AO

CA-2010-1082 MINERS RANCH WTP - TSO 05/27/2010 State CWA Non Penalty AO

CA-2010-1083 WASHINGTON MINE - CDO 05/27/2010 State CWA Non Penalty AO





SummaryCA-2010-1084 VALLEY SD WWTP - CDO 06/17/2010 State CWA Non Penalty AOInterim limits for copper and heptachlorCA-2010-1089 VICTOR VALLEY WWTP - TSO 06/16/2010 State CWA Non Penalty AO

CA-2010-1090 EL PASO DE ROBLES WWTF -ACL


CA-2010-1093 WRIGLEY MARINE SCIENCECENTER - ACL


CA-2010-1094 KM CARSON TERMINAL - ACL 06/30/2010 State CWA Penalty AO

CA-2010-1095 GARDENA GWRSF - ACL 06/30/2010 State CWA Penalty AO

CA-2010-1096 BOEING SANTA SUSANA - ACL 04/15/2010 State CWA Penalty AO




Summary10-2004-0256 EAST SHOSHONE COUNTY

WATER DISTRICT12/01/2009 Civil Judicial Action

Failure to have burke canyon in compliance with surface water treatment rules. No proper filtration system installed for drinking water to residents of burke canyon.Failure to comply with administrative order requiring installation of filtration system. Grant funding provided by federal government for constrction of proper drinkingwater system, but failure to utilize this grant.10-2004-0257 LAFARGE CORPORATION

SEATTLE PLANT (NC)03/18/2010 Civil Judicial Action

Clean Air Act Violations





Summary10-2005-0245 SAINT GOBAIN CONTAINERS,

INC (NC) (LEAD)05/07/2010 Civil Judicial Action

violations of PSD for PM10 and SOx were identified10-2006-0284 ALERIS INTERNATIONAL


pART OF A MULTI-REGIONAL INVESTIGATION OF ALERIS' SECONDARY ALUMINUM FACILITIES10-2006-0286 SILGAN CONTAINER CORP

(NC)08/02/2010 Civil Judicial Action

SELF DISCLOSURE OF PAST PSD VIOLATIONS10-2006-0339 ALASKA DEPARTMENT OF

TRANSPORTATION & PUBLICFACILITIES, ET AL.


Clean Water Act violations.10-2007-0017 UNION PACIFIC RAILROAD

COMPANY (UPRR)02/03/2010 Civil Judicial Action

Clean Water Act violations. 10-2007-0035 FRANKE'S LAUNDROMAT 02/03/2010 Civil Judicial ActionCost recovery for removal action against owners of former laundromat10-2007-0207 WESTWARD SEAFOODS, INC 06/02/2010 Civil Judicial ActionWestward has had repeated violations of the Title V permit including violations on underlying SIP and new source performance standard requirements. Subsequentviolations revealed that the company has failed to report as required by EPCRA Section 31210-2008-0065 WASHINGTON BEEF LLC 08/03/2010 Civil Judicial ActionClean Water Act violations. 10-2008-0066 COEUR D'ALENE BASIN DE

MINIMIS PARTIES04/12/2010 Civil Judicial Action

Cost recovery action and declaratory relief against 22 de minimis parties for costs EPA has incurred in cleanup efforts at the Bunker Hill/Coeur d'Alene Basin NPL site. Note: "Cost Recovery Sought" amount is based on the Sept. 2002 ROD10-2008-0066 COEUR D'ALENE BASIN DE

MINIMIS PARTIES06/29/2010 Civil Judicial Action





SummaryCost recovery action and declaratory relief against 22 de minimis parties for costs EPA has incurred in cleanup efforts at the Bunker Hill/Coeur d'Alene Basin NPL site. Note: "Cost Recovery Sought" amount is based on the Sept. 2002 ROD10-2008-0090 CB/NT, HYLEBOS NON-

SETTLORS (DETREX ET AL)12/18/2009 Civil Judicial Action

CERCLA 107(a) action to recover approximately $2.5 million in unreimbursed costs for response actions in the Hylebos Waterway portion of the Commencement BaySuperfund site in Tacoma, Washington. The referral targets six proposed defendants not covered by a previous settlement agreement that cashed out more thanthirty responsible parties. 10-2009-0081 ST. MARIES CREOSOTE RD/RA 02/09/2010 Civil Judicial ActionCONSENT DECREE FOR REMEDIAL DESIGN/REMEDIAL ACTION10-2009-0082 BUNKER HILL: WALLACE YARD

REMOVAL04/19/2010 Civil Judicial Action

CONSENT DECREE FOR PERFORMANCE OF A REMOVAL ACTION AT WALLACE YARD, WHICH IS IN THE CDA BASIN (PART OF THE BUNKER HILLSUPERFUND SITE).10-2009-0084 SEATTLE PUBLIC UTILITIES 12/03/2009 CWA 309A AO For ComplianceClean Water Act violations. 10-2009-0206 W AND E INTERNATIONAL

TRADING COMPANY12/08/2009 RCRA 3008A AO For Comp And/Or Penalty

VIOLATIONS OF RCRA SUBTITLE C. 10-2009-0216 GREEN ACRE FARMS 10/14/2009 CAA 113D1 Action For PenaltyIn December 2008, EPA staff observed open burning of natural vegetation (push piles of orchard trees) at Green Acre Farms on the Yakama Nation Reservation inWashington. Robert Meyer, doing business as FMF Excavation and FMF Construction, was contracted by Green Acre Farms to conduct the burn. Rober Meyerconducted the burn on at least two days during which time a burn ban was in effect. This burn violated EPA's Federal Air Rules for Indian Reservations, OpeningBurning Rule by occurring during the burn ban period.10-2009-0232 CHILKOOT FISH AND CAVIAR

INC01/08/2010 CWA 309G2B AO For Class II Penalties

Clean Water Act violations.10-2009-0240 CITY OF ST. MARIES WWTP 01/08/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





SummaryOn July 26, 2007, EPA sent City of St. Maries Wastewater Treatment Plant (St. Maries WWTP) a request for information as authorized under Section 114 of the CAA.EPA requested the quantity of Risk Management Program regulated substances available at St. Maries WWTP since June 21, 1999. St. Maries WWTP s response ofAugust 27, 2007, indicated that as of January 2000 greater than 2,500 pounds of chlorine was available at the site. The facility further indicates that two - one toncylinders of chlorine, totaling 4,000 lbs were used in a single process. The facility did not develop a Risk Management Plan (RMP). Under 40 CFR § 68.150, anyfacility that uses, stores, manufactures, or handles more than 2,500 pounds of chlorine in a single process shall submit a RMP to EPA no later than the date on whicha regulated substance is first present above a threshold quantity in a process. St. Maries WWTP indicated that it will no longer accept full one ton cylinders of chlorinein order to remain below the threshold quantity of 2,500 lbs. St. Maries WWTP indicated that it will have no more than 2,000 lbs of chlorine on site at any time. St.Maries WWTP will only accept shipments of one ton cylinders filled to 1,500 lbs or less. It will use a one ton cylinder containing 500 lbs or less of chlorine will be usedwhile the one ton cylinder filled to 1,500 lbs or less is refilled and delivered. St. Maries WWTP has documented this operating procedure in the City of St. MariesRules and Requirements for Storing CL2 in the QA (quality assurance) Plan.10-2009-0243 MCNABB GRAIN, INC 10/22/2009 CAA 113D1 Action For PenaltyMcNabb Grain, Inc. operates a grain elevator in Pocatello, Idaho on the Shoshone Bannock Tribes Fort Hall Indian Reservation. McNabb Grain violated the FederalAir Rules for Indian Reservations (FARR) by failing to register its facility with the EPA and failing to comply with the rule for limiting fugitive particulate matteremissions. McNabb Grain took corrective action and met all requirements in April 2009. They have agreed to settle this case by paying a $15,462 penalty. 10-2009-0244 LE ROI SMELTER COST

RECOVERY11/18/2009 CERCLA 122h Agrmt For Cost Recovery

SETTLEMENT TO RECOVER CERCLA REMOVAL COSTS10-2009-0247 IDAHO TRANSPORTATION

DEPARTMENT AND PARSONSRCI INC


Clean Water Act violations. 10-2009-0266 STERLING MINING CO.

BANKRUPTCY (BUNKER HILLSITE)


CERCLA and CWA violations.10-2009-0270 SAL GALLUCCI, JJS

SOUTHWEST LLC ANDWHITEHAWK LANDDEVELOPMENTCORPORATION LLC


Clean Water Act violations.10-2010-0001 CITY OF KENDRICK, IDAHO 10/15/2009 CWA 309G2B AO For Class II Penalties





SummaryClean Water Act violations. 10-2010-0002 ANCHORAGE WATER &

WASTEWATER UTILITY ANDPRUHS CONSTRUCTION COLLC

01/25/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited SettlementProgram

Clean Water Act violations.10-2010-0003 EDWARD A. SMITH FARMS 01/25/2010 CWA 311B6B1 AO For Class I PenaltyClean Water Act violations.10-2010-0004 NORTHWEST AGRICULTURAL

PRODUCTS, INC.10/20/2009 FIFRA 14A Action For Penalty

Northwest Agriculture Products, Inc. in Pasco, Washington, failed to submit their Annual Pesticide Production Reports (EPA form 3540-16) by the March 1 deadlinetwice within a three year period. 10-2010-0005 KINROSS DELAMAR MINING

COMPANY, DELAMAR ANDSTONE CABIN MINES


Clean Water Act violations. 10-2010-0006 J. R. SIMPLOT COMPANY 11/16/2009 FIFRA 14A Action For PenaltyJ. R. Simplot Company failed to file EPA form 3540-8 to re-activate two if their establishments as pesticide producing facilities. In 2008 these facilities producedpesticides without having an active establishment number to do so. Each pesticide produced was a violation a FIFRA.10-2010-0007 BLUE STAR GROWERS, INC. 12/09/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramBlue Star Growers, Inc. faild to submit the RMP to EPA at least once every five years as required by 40 CFR 68.190(b)(1). The latest RMP that EPA has on file isdated 6/16/2004. The five year update was due 6/16/2009. 10-2010-0008 BUTTERFIELD WATER


City of Pasco, Butterfiled WTP fialed to submit the RMP to EPA as least every five years as required by 40 CFR 68.190(b)(1). The latest RMP that EPA has on file isdated 6/18/2004. The five year update was due 6/18/2009. 10-2010-0009 CITY OF NORTH BEND



City of North Bend Watewater Treatment Plant failed to submit the RMP to EPA at least once every five years as required by 40 CFR 68.190(b)(1). The latest RMPthat EPA has on file is dated 6/17/2004. The five year update was due 6/17/2009.





Summary10-2010-0013 JOHNNY APPLESEED/ZINKLE

FRUIT CO11/09/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Johnny Appleseed/Zirkle Fruit Co. failed to submit the RMP to EPA at least every five years as required by 40 CFR 68.190(b)(1). The latest RMP that EPA has on fileis dated 6/18/2004. The five year update was due on 6/18/2009. 10-2010-0014 OAK LODGE SANITARY

DISTRICT12/09/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Oak Lodge Sanitary District failed to submit the RMP to EPA at least every five years as required by 40 CFR 68.190(b)(1). The latest RMP that EPA has on file isdated 6/21/2004. The five year update was due 6/21/2009 10-2010-0015 RAINBOW TROUT FARMS INC 08/03/2010 CWA 309G2B AO For Class II PenaltiesClean Water Act violations.10-2010-0016 ASSOCIATED PETROLEUM

PRODUCTS IN ENUMCLAW,WA


Clean Water Act violation. 10-2010-0017 LINDE LLC 10/20/2009 EPCRA 325 Action For PenaltyThe Linde LLC facility located in White City, Oregon, self-disclosed on July 17, 2009 for failure to file Form Rs for boron trichloride for reporting years 2006 through2008 and for incorrectly filing Form A certification statements in place of Form Rs for chlorine for reporting years 2006 through 2008. The facility submitteddocumentation addressing the nine criteria of the Audit Policy which qualified them for a waiver of gravity-based penalties for the EPCRA 313 violations.10-2010-0018 MIKE VIERSTRA, D/B/A/

VIERSTRA DAIRY07/09/2010 CWA 309G2B AO For Class II Penalties

Clean Water Act violations.10-2010-0019 DALE LUNDERS 12/15/2009 CAA 113D1 Action For PenaltyDale Lunders was observed burning remnants of an old barn along with prohibited materials on February 24 and 25, 2009, by staff of the Nez Perce Tribe s Air QualityDepartment. The Tribe received an anonymous complaint from a citizen on the morning of February 24 that material was being burned which was creating a lot ofdark smoke. The Tribe sent staff to observe and take pictures. Mr. Lunders violated the Federal Air Rules for Indian Reservations (FARR) by burning prohibitedmaterials and failing to apply for a burn permit from the Tribe. EPA is proposing a penalty of $3,015 to settle this case.10-2010-0020 INDUSTRIAL OIL SPILL,

KLAMATH FALLS, OREGON03/17/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Regionally

Approved)Clean Water Act violation. 10-2010-0025 OXARC INC - SPOKANE 06/18/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program





SummaryOxarc failed to submit an RMP for the five year update on or before the next due date (anniversary date) for each of the following four facilities: (1) Facility ID100000075642, 716 S. Oregon Ave. in Pasco, Washington due 6/18/2009; (2) Facility ID 100000075866, 2513 3rd Ave. North in Lewiston, Idaho due 6/18/2009; (3)Facility ID 100000178933, 1901 N. Bingham St. in Nampa, Idaho due 6/16/2009; (4) Facility ID 100000075777, 4020 N. Market St. in Spokane, Washington due6/17/2009. 10-2010-0027 PENDLETON GRAIN GROWERS

- MCKENNON STATION12/09/2009 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Pendleton Grain Growers-McKennon Station failed to submit the RMP to EPA at least once every five years as required by 40 CFR 68.190(b)(1). The latest RMP thatEPA has on file is dated 6/21/2004. The five year update was due 6/21/2009. 10-2010-0029 KING COUNTY - SOUTH


King County South Treatment Plant failed to submit the RMP to EPA at least once every five years as required by 40 CFR 68.190(b)(1). The latest RMP that EPA hason file is dated 6/21/2004. The five year update was due 6/21/2009 10-2010-0031 BEETHAM RANCH UAO 10/29/2009 CERCLA 106 AO For Resp Action/Imm HazUNILATERAL ORDER TO CONDUCT A REMOVAL ACTION AT THE BEETHAM RANCH SITE IN POWELL BUTTE, OREGON10-2010-0039 LINDE - HILLSBORO 01/08/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramLinde - Hillsboro failed to submit the RMP to EPA at least once every five years as required by 40 CFR 68.190(b)(1).The latest RMP that EPA has on file is dated2/19/2008.The five year update was due 6/15/2009. The resubmission was late on 9/18/2009 10-2010-0040 PASCO PROCESSING LLC 01/25/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramPasco Processing, LLC failed to submit the RMP to EPA at least once every five years as required by 40 CFR 68.190(b)(1). The latest RMP that EPA has on file isdated 5/7/2008. The five year update was due 6/17/2009. 10-2010-0041 BELLEVUE DISTRIBUTION

CENTER04/26/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Bellevue Distribution Center failed to submit the RMP to EPA at least once every five years as required by 40 CFR 68.190(b)(1). The latest RMP that EPA has on fileis dated 11/25/2008.The five year update was due 6/22/2009. 10-2010-0042 AT&T MOBILITY - BOTHELL

FACILITY SPILL05/07/2010 CWA 311B6B2 AO For Class II Penalty

Clean Water Act violation. 10-2010-0047 E. D. DIRKSEN AND SONS INC 02/03/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramClean Water Act violations. 10-2010-0048 CITY OF RENTON -

MAINTENANCE SHOPS11/18/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program





SummaryNON-C0MPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0050 ERNIES FUEL STOPS 11/10/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK. 10-2010-0051 BELLEVUE SEWER PUMP

STATION #1211/05/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK. 10-2010-0052 AUBURN SCHOOL DISTRICT

TRANSPORTATION CENTER10/26/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK. 10-2010-0053 CLEAR CREEK GROCERY 11/04/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK. 10-2010-0054 WSDOT PROSSER

MAINTENANCE SITE10/26/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK. 10-2010-0055 OCEAN PROTEIN 01/13/2010 EPCRA 325 Action For PenaltyOcean Protein failed to submit their Tier II chemical inventory report.10-2010-0056 CEDARS AT SANDCREEK AND

EARTHWORKS NORTHWEST02/25/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramClean Water Act violations.10-2010-0057 NORMCO/FLOYD MCGHEE 03/11/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramClean Water Act violations. 10-2010-0058 AUTOMOTIVE AND INDUSTRIAL

DISTRIBUTORS03/17/2010 CWA 311B6B2 AO For Class II Penalty

Clean Water Act violations.10-2010-0059 CITY OF JEROME, IDAHO 03/16/2010 CWA 309A AO For ComplianceClean Water Act violations. 10-2010-0059 CITY OF JEROME, IDAHO 07/28/2010 CWA 309A AO For ComplianceClean Water Act violations.





Summary10-2010-0060 STOWE/RAINIER PARK OF

INDUSTRY DIVISION 412/18/2009 CWA 309A AO For Compliance

Clean Water Act violations.10-2010-0061 DEVENDRA MALIK 12/14/2009 RCRA 9006 AO For Comp And/Or Pen (UST)VIOLATIONS OF RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK.10-2010-0062 IDAHO GRANITE WORKS LLC

AND TIMBER RIDGEINVESTMENTS LLC


Clean Water Act violations. 10-2010-0063 SANDPOINT CONSTRUCTION

INC03/11/2010 CWA 309G2E AO For Class I Penalties - Storm Water Construction Expedited Settlement

ProgramClean Water Act violations.10-2010-0066 IDACOLD LLC 02/12/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramThe owner or operator must review and update the RMP as specified in paragraph (b) of this section as required by § 68.190(a). IdaCold LLC failed to submit the RMP to EPA at least once every five years as required by § 68.190(b)(1). The latest RMP that EPA has on file is dated9/27/2004. The five year update was due 9/27/2009. 10-2010-0067 UNIGARD INSURANCE

COMPANY02/12/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

Company failed to file Tier II inventory for calendar year 2008 by March 1, 2009.10-2010-0068 SAFEWAY INC (BELLEVUE

BREAD PLANT)02/10/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

Company failed to file Tier II inventory for calendar year 2008 by March 1, 2009.10-2010-0069 CROWLEY PETROLEUM

DISTRIBUTION INC - BULKFUEL FACILITY


Clean Water Act violations. 10-2010-0070 THOMPSON CREEK MINE 03/26/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement ProgramClean Water Act violations. 10-2010-0071 FEDERAL AVIATION

ADMINISTRATION - ALASKAREGION (FF)

01/08/2010 SDWA 1423C3 AO for Compliance (UIC)





Summary40 CFR Sectin 144-87 requires closure of all motor vehicle waste disposal wells in Alaska by January 1, 2005. FAA previously submitted inentory records for Class Vinjection wells that have received motor vehicle waste and are therefore classified as motor vehicle waste disposal wells. FAA maintains an inventory of 26 motorvehicle waste disposal wells that have not yet been closed.10-2010-0072 GOLDEN VALLEY ELECTRIC

ASSOCIATION - NORTH POLE01/15/2010 EPCRA 325 Action For Penalty

The Golden Valley Electric Association North Pole Power Plant, located in North Pole, Alaska self-disclosed on August 31, 2009 for failure to file Form Rs for benzene,n-hexane, and cyclohexane for reporting years 2007 and 2008. The facility submitted documentation addressing the nine criteria of the Audit Policy which qualifiedthem for a waiver of gravity-based penalties for the EPCRA 313 violations.10-2010-0073 ALL AMERICAN METAL

FINISHING (CERCLA REMOVAL)12/18/2009 CERCLA 106 AO For Resp Action/Imm Haz

UNILATERAL ORDER TO PERFORM A CERCLA REMOVAL ACTION AT THE ALL AMERICAN METAL FINISHING FACILITY IN KENT, WASHINGTON10-2010-0073 ALL AMERICAN METAL

FINISHING (CERCLA REMOVAL)12/18/2009 CERCLA 107L Filing Of Lien

UNILATERAL ORDER TO PERFORM A CERCLA REMOVAL ACTION AT THE ALL AMERICAN METAL FINISHING FACILITY IN KENT, WASHINGTON10-2010-0074 BELVOIR PUMP STATION 11/24/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0075 RENTON TREATMENT PLANT 11/24/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0076 RAINIER PUMP STATION 11/24/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0077 MATTHEWS BEACH PUMP

STATION11/24/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0078 RICHMOND BEACH PUMP


NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0079 ELECTRO TECH REMOVAL 01/14/2010 CERCLA 106 AO For Resp Action/Imm HazRespondent is owner of the property where the Electro Tech facility was formerly operated, and has agreed to perform a removal action. The scope of the projectincludes removal and disposal of electro polishing wastes found in the tanks and containers, removal and disposal of contaminated equipment and debris, anddecontamination of building surfaces (floor, walls, and ceiling).





Summary10-2010-0081 NW DOCKS AND WATER

WORKS SPILL, PRIEST RIVER,IDAHO

03/11/2010 CWA 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (RegionallyApproved)

Clean Water Act violations. 10-2010-0082 SUMITOMO METAL MINING

POGO LLC - POGO MINEPROJECT


Clean Water Act violations.10-2010-0083 MILES SAND AND GRAVEL 10/01/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0084 RENTON SCHOOL DISTRICT 12/29/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0085 EVERETT SHELL 12/11/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0086 CITY OF BELLINGHAM /

CENTRAL SHOPS12/11/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0087 WHATCOM DISPATCH CENTER 12/11/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0088 CITY OF REDMOND

MAINTENANCE SHOPS10/08/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0089 CITY OF REDMOND FIRE


NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0090 CITY OF REDMOND FIRE


NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0091 GRADEN'S CAMP UNION

GROCERY10/15/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program





SummaryNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0092 TOPP STOP TEXACO 10/01/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0093 KIONA-BENTON CITY SCHOOL

DISTRICT BUS BARN10/01/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0094 EAST VALLEY SCHOOL

ADMINISTRATIVE STUDY10/01/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0095 SOUTH MERCER PUMP


NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0096 NORTH BEACH PUMP STATION 10/16/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0097 WSDOT SHUKSON

MAINTENANCE FACILITY12/07/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0098 BUREAU OF INDIAN AFFAIRS

ROADS DEPARTMENT11/09/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERROUND STORAGE TANK. 10-2010-0099 SMITTY'S CONOCO 12/08/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK. 10-2010-0100 RAINIER PLACE 11/20/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0101 SHELL - 403 12/08/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0102 MILWAUKIE PUBLIC WORKS 12/09/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON COMPLIANCE WITH RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK.





Summary10-2010-0103 WSDOT UNION GAP DISTRICT

SITE12/07/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0104 KENT SCHOOL DISTRICT #415

TRANSPORTATION SERVICESBUILDING


NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0105 ANDERSON-CALHOUN MINE

(BLUE TEE CORP.)04/05/2010 CERCLA 122h Agrmt For Cost Recovery

EPA SETTLEMENT WITH BLUE TEE CORP. TO COVER CERCLA REMOVAL ACTION COSTS AT THE ANDERSON-CALHOUN MINE AND MILL SITE INLEADPOINT, WASHINGTON.10-2010-0106 WORDEN TRUCK STOP 01/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0107 MOLLIE'S TRUCK STOP 01/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0108 SOUTH SIXTH CHEVRON 01/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0109 PIERCE COUNTY AIRPORT 01/07/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0110 WAVERLY MARINA

ASSOCIATION01/25/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0111 EVERETT FIRE STATION #1 01/26/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0112 INDUSTRIAL PLATING 04/14/2010 CERCLA 109 Action For Penalty





SummaryThe F006 electroplating waste water and sludge was stored in two 50,000 gallon wood stave tanks which were previously used in pickling cucumbers. One tank wasbuilt in 1962 and the other in 1984. At about 5:50 pm PST on March 25, 2008, Roger Severson, Special Operations Manager for IPC, heard a loud roar at the northend of the building at 2411 South 6th Ave. in Seattle. Upon investigation, it was found that the older of the two wood stave tanks had collapsed spilling waste waterand sludge through the north wall of the building and into process areas, into their parking and storage area around the tanks, into the paved area of the businessimmediately north of IPC s business, and into South 6th Ave where traffic was halted. Mr. Severson immediately placed phone calls to Response Coordinator RickCodling, IPC Owner Marc Wislen, and to Jim Reynoldson, the son of the property owner. A passerby called the Fire Department who responded within minutes to theincident. A clean up contractor, NRC Environmental Services, was contacted and arrived on site with a vacuum truck about 8:20 pm. They remained on site untilabout 5:30 pm the following day. Butch Underwood of NRC Environmental used pH paper to check several locations where the water/sludge had travelled and foundthat the pH paper maxed out indicating the pH was at least 14. Information obtained through the investigation reveals that IPC Industrial Plating Corporation operates a facility at 2411 6th Ave. South in Seattle, Washington. IPCstores and uses TURCO 5811-L in amounts above the TPQ of 10,000 pounds. The facility started using these materials on site in 2006 and continues to do so. IPCdid not file copies of MSDS s or a list of hazardous substances, nor Tier II reports, as required, as of the date of writing this inspection report. In addition, it was foundthat a mixture of F006/corrosive waste water in excess of 1,600 times the reportable quantity of 10 pounds was released into the environment on site on March 25,2008, and was not reported to the NRC for more than 3 hours. 10-2010-0112 INDUSTRIAL PLATING 04/14/2010 EPCRA 325 Action For PenaltyThe F006 electroplating waste water and sludge was stored in two 50,000 gallon wood stave tanks which were previously used in pickling cucumbers. One tank wasbuilt in 1962 and the other in 1984. At about 5:50 pm PST on March 25, 2008, Roger Severson, Special Operations Manager for IPC, heard a loud roar at the northend of the building at 2411 South 6th Ave. in Seattle. Upon investigation, it was found that the older of the two wood stave tanks had collapsed spilling waste waterand sludge through the north wall of the building and into process areas, into their parking and storage area around the tanks, into the paved area of the businessimmediately north of IPC s business, and into South 6th Ave where traffic was halted. Mr. Severson immediately placed phone calls to Response Coordinator RickCodling, IPC Owner Marc Wislen, and to Jim Reynoldson, the son of the property owner. A passerby called the Fire Department who responded within minutes to theincident. A clean up contractor, NRC Environmental Services, was contacted and arrived on site with a vacuum truck about 8:20 pm. They remained on site untilabout 5:30 pm the following day. Butch Underwood of NRC Environmental used pH paper to check several locations where the water/sludge had travelled and foundthat the pH paper maxed out indicating the pH was at least 14. Information obtained through the investigation reveals that IPC Industrial Plating Corporation operates a facility at 2411 6th Ave. South in Seattle, Washington. IPCstores and uses TURCO 5811-L in amounts above the TPQ of 10,000 pounds. The facility started using these materials on site in 2006 and continues to do so. IPCdid not file copies of MSDS s or a list of hazardous substances, nor Tier II reports, as required, as of the date of writing this inspection report. In addition, it was foundthat a mixture of F006/corrosive waste water in excess of 1,600 times the reportable quantity of 10 pounds was released into the environment on site on March 25,2008, and was not reported to the NRC for more than 3 hours. 10-2010-0113 LISTER CHAIN & FORGE, INC. 02/09/2010 EPCRA 325 Action For PenaltyThe Lister Chain & Forge, Inc. facility located in Blaine, Washington self-disclosed on August 5, 2009 for failure to file Form Rs for lead for reporting years 2004through 2006. The facility submitted documentation addressing the nine criteria of the Audit Policy which qualified them for a waiver of gravity-based penalties for theEPCRA 313 violations.





Summary10-2010-0114 PIERCE COUNTY FIRE

DISTRICT #1611/13/2009 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-C0MPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0115 HOLGATE GAS AND GROCERY 02/02/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0116 ELK CITY WATER AND SEWER

ASSOCIATION03/30/2010 CWA 309A AO For Compliance

Clean Water Act violations.10-2010-0117 ELK CITY WATER AND SEWER

ASSOCIATION06/11/2010 CWA 309G2B AO For Class II Penalties

Clean Water Act violations. 10-2010-0118 COMPOSITE AQUATIC

INNOVATIONS, INC.02/26/2010 EPCRA 325 Action For Penalty

Composite Aquatic Innovations, Inc. allegedly failed to file a TRI Form R report for the TRI chemical styrene by the reporting deadline in reporting year 2004 asrequired by Section 313 of EPCRA. Composite Aquatic Innovations agreed to settle with EPA regarding the alleged violations by means of a Consent Agreement andFinal Order (CAFO). The terms of the CAFO require Composite Aquatic Innovations to pay a penalty of $4,480. 10-2010-0120 WSDOT COLVILLE 02/04/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramNON-COMPLIANCE OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0121 SYSCO FOOD SERVICES OF

SEATTLE, INC.02/08/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE WITH RCRA SUBTITLE I, UNDERGROUND STORAGE TANK.10-2010-0122 LYNNWOOD CIRCLE FOOD

STORE02/15/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

NON-COMPLIANCE OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0123 AIR AMERICA FUEL & SERVICE,

INC.02/24/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

Company failed to file Tier II inventory for calendar year 2008 by March 1, 2009.





Summary10-2010-0124 COLUMBIA PACIFIC AVIATION,

INC.02/25/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

Company failed to file Tier II inventory for calendar year 2008 by March 1, 2009. 10-2010-0125 SKI LIFTS INC - CENTRAL 02/25/2010 EPCRA 325 Action for Penalty - Expedited Settlement ProgramCompany failed to file Tier II inventory for calendar year 2008 by March 1, 2009.10-2010-0126 SKI LIFTS, INC - EAST 02/24/2010 EPCRA 325 Action for Penalty - Expedited Settlement ProgramCompany failed to file Tier II inventory for calendar year 2008 by March 1, 2009. 10-2010-0127 SKI LIFTS INC. - WEST 02/25/2010 EPCRA 325 Action for Penalty - Expedited Settlement ProgramCompany failed to file Tier II inventory for calendar year 2008 by March 1, 2009.10-2010-0128 SKI LIFTS, INC - ALPENTAL 02/24/2010 EPCRA 325 Action for Penalty - Expedited Settlement ProgramCompany failed to file Tier II inventory for calendar year 2008 by March 1, 2009.10-2010-0129 DENNCO CHEMICAL LLC 03/10/2010 FIFRA 13A AO For Stop Sale,Use,Or RemovalFIFRA Violations10-2010-0133 ROBERT M. AND NANCY M.

LOOMIS04/01/2010 CWA 309A AO For Compliance

Clean Water Act violations.10-2010-0134 AVELAR'S DAIRY LLC 03/30/2010 CWA 309A AO For ComplianceClean Water Act violations.10-2010-0135 BERRY PLASTICS 04/26/2010 EPCRA 325 Action For PenaltyEPCRA 313 Violations10-2010-0136 SMITTY'S CONOCO 04/19/2010 RCRA 9003H4 AO For Corrective Action (UST)RCRA LUST VIOLATIONS. 10-2010-0137 MILL PLAIN 76 03/10/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK.10-2010-0138 HIGHLAND LIGHT SEAFOODS

LLC - M/V WESTWARD WIND06/28/2010 CWA 309G2B AO For Class II Penalties

Clean Water Act violations.





Summary10-2010-0139 ALBERTSONS DISTRIBUTION

CENTER #825204/29/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

CAA Section 112r violations10-2010-0140 WASHMAN SHELL 03/29/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK.10-2010-0141 MASON COUNTY

TRANSPORTATIONCOOPERATIVE


VIOLATIONS OF RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK.10-2010-0142 212TH CHEVRON 03/24/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I FOR UNDERGROUND STORAGE TANK.10-2010-0144 WHITEWATER CREEK INC -

PONDEROSA APARTMENTS/SCHWEITZER RANCH


Clean Water Act NPDES violations.10-2010-0145 LONGVIEW FIBRE PAPER AND

PACKAGING INC05/10/2010 CWA 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

Clean Water Act violations. 10-2010-0146 SIMPLOT LIVESTOCK

COMPANY INC06/11/2010 CWA 309A AO For Compliance

Clean Water Act violations.10-2010-0147 PORT ORCHARD GAS & MART 02/19/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATION OF RCRA, SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0148 CITY OF FRANKLIN, IDAHO 04/23/2010 CWA 309A AO For ComplianceClean Water Act violations.10-2010-0149 PACIFIC SEAFOOD GROUP 06/18/2010 EPCRA 325 Action For PenaltyEPCRA and CERCLA violations10-2010-0150 SYSCO FOOD SERVICES OF

PORTLAND, INC.06/11/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

violations of Clean Air Act 112 r





Summary10-2010-0152 WOOD CREEK LIVESTOCK


Clean Water Act violations.10-2010-0155 MERIDIAN VALLEY COUNTRY

CLUB04/06/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATION OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0156 BUDGET RENT-A-CAR OF WA-

OR, INC.05/05/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATION OF RCRA, SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0157 WSDOT MOTTMAN

MAINTENANCE SITE - OLYMPIA05/07/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATION OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0158 HAPPY VALLEY DAIRY LLC., D/

B/A HAPPY VALLEY DAIRY ANDNICOLAAS J. DERUYTER


Clean Water Act NPDES violations.10-2010-0159 BELLINGHAM COLD STORAGE

COMPANY - SQUALICUM07/20/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement Program

Violations of CAA 112r10-2010-0160 OFFICEMAX, INC 07/19/2010 EPCRA 325 Action for Penalty - Expedited Settlement ProgramViolations to EPCRA Section 31210-2010-0161 TERRY BURGER (ACCESS

WARRANT)03/29/2010 Access Order

Request for warrant under CWA Section 308 to investigate alleged unpermitted discharges of dredged and fill material.10-2010-0162 R. W. SCOTT CONSTRUCTION

COMPANY06/11/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

Violations to EPCRA Section 31210-2010-0163 SAIA MOTOR FREIGHT LINE,

LLC06/29/2010 EPCRA 325 Action for Penalty - Expedited Settlement Program

Violations of EPCRA Section 312





Summary10-2010-0166 CITY OF NOTUS, IDAHO 06/02/2010 CWA 309A AO For ComplianceClean Water Act violations.10-2010-0168 INTERNATIONAL PAPER


Violations of EPCRA Section 31210-2010-0169 MICHAEL OTA AND STACEY

OTA08/16/2010 CWA 309G2B AO For Class II Penalties

Clean Water Act violations.10-2010-0170 FMC RCRA PONDS (EASTERN

MICHAUD FLATS)06/14/2010 CERCLA 106 AO For Resp Action/Imm Haz

UNILATERAL ORDER ISSUED TO FMC CORP. FOR CLEANUP OF PONDS THAT ARE EMITTING PHOSPHINE GAS.10-2010-0171 SPECIALITY PRODUCTS, INC 06/15/2010 EPCRA 325 Action For PenaltyViolations of EPCRA Section 31310-2010-0172 GOLDEN GATE HOP RANCHES

- ACCESS WARRANT04/16/2010 Access Order

Access to property10-2010-0173 FACTORIA 76 05/25/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK.10-2010-0174 INTERCITY TRANSIT 05/24/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0175 MOSS BAY SHELL 05/24/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0176 LOTT ALLIANCE - BUDD INLET

TREATMENT PLANT05/24/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0177 EVERGREEN STATE COLLEGE

- KAISER RD CAMPUS05/24/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0178 AL-ATTRASH TRADING

COMPANY05/17/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program





SummaryVIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0179 JOEY'S GAS & MINI MART

(SHELL)05/24/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0181 OFFICE BUILDING #2 CB&G 06/04/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK.10-2010-0182 CLALLAM COUNTY PUBLIC

TRANSPORTATION AREA06/04/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0183 BLUE STAR GROWERS, INC 07/20/2010 CAA 113D1 Action For Penalty - 112(r) Expedited Settlement ProgramViolations to Clean Air Act Section 112 r10-2010-0189 TILLAMOOK COUNTY

CREAMERY ASSOCIATION06/23/2010 CAA 113D1 Action For Penalty

violations of CAA for Section 112r10-2010-0190 US DOE HANFORD BLDG

2721Z-2 (FF)06/16/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATION OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK10-2010-0191 AIRGAS-NOR PAC, INC 07/02/2010 EPCRA 325 Action For Penaltyviolations of EPCRA10-2010-0192 AMERICAN SEAFOODS

COMPANY LLC07/02/2010 EPCRA 325 Action For Penalty

Violations of EPCRA10-2010-0211 REXBURG DRUM ACCESS

WARRANT #107/09/2010 Access Order

WARRANT FOR ACCESS TO SITE REQUIRING ACTION UNDER SUPERFUND.10-2010-0213 RIVERVIEW CONSTRUCTION

ASBESTOS AOC08/09/2010 CERCLA 106 AO For Resp Action/Imm Haz

ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR A REMOVAL ACTION10-2010-0215 SOUTH BEND COUNTY

COURTHOUSE07/07/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program





SummaryVIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0216 SNOHOMISH COUNTY PUD -

ELECTRIC BLDG07/06/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement Program

VIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0217 THE MARINA GAS DOCK 07/07/2010 RCRA 9006 AO For Comp And/Or Pen (UST) - UST Expedited Settlement ProgramVIOLATIONS OF RCRA SUBTITLE I, UNDERGROUND STORAGE TANK. 10-2010-0219 REXBURG DRUM ACCESS

WARRANT #207/16/2010 Access Order

ACCESS WARRANT TO PERFORM CERCLA REMOVAL WORK.10-2010-0228 CITY OF TROY, IDAHO 08/11/2010 CWA 309A AO For ComplianceClean Water Act violations.10-2010-0231 OESER CO./LITTLE

SQUALICUM CREEK REMOVAL08/04/2010 CERCLA 106 AO For Resp Action/Imm Haz

ORDER TO PERFORM A CERCLA REMOVAL ACTION10-2010-0232 COLDWATER TRACTORS 04/20/2010 CAA 205 Action For Mobile/Title IIViolation of CAA Mobile Source

EFEnforcementAction Identifier



SummaryEF-2007-0007 PEP BOYS 07/16/2010 Civil Judicial ActionImported 83000 uncertified generators motorcycles and ATV's.EF-2008-0021 CUMMINS 04/15/2010 Civil Judicial ActionShipped uncertified engines from 1998 - 2006. EF-2010-0002 SEMAGE 05/17/2010 CAA 205 Action For Mobile/Title IIImported 6 uncertified all-terrain vehcicles (ATV's). EF-2010-7296 KOMATSU AMERICA 03/05/2010 CAA 205 Action For Mobile/Title II





SummaryFailed to label three replacement diesel non-road engines. EF-2010-7684 TESLA MOTORS 01/11/2010 CAA 205 Action For Mobile/Title IISold 637 uncertified vehicles.EF-2010-7745 APEX OIL 03/31/2010 CAA 205 Action For Mobile/Title IIOn December 2, 2008, a representative from the RFG Survey Association inspected the Fuel and Food, located at 3006 State Highway 30, Mayfield, NY 10547. Theinspector found a diesel pump without the required label and dispensing diesel fuel containing 75 ppm sulfur over the 15ppm ULSD limit. A follow-up inspection ofFuel and Food on January 3, 2009, revealed a diesel fuel pump labeled as dispensing ULSD, however the sample tests showed fuel sulfur content was 96 ppm, abovethe maximum allowed 15 ppm sulfur standard. Product transfer documents obtained by EPA from Sunoco and messages exchanged on the RFG Survey Websiterevealed: - The December 2, 2008, sulfur standard violation was the fault of Apex as the operator of the fuel terminal associated with some of the fuel delivered to Fuel and Foodprior to the December inspection. - The absence of appropriate pump labeling on December 2, 2008, is the fault of Fuel and Food. - The January 3, 2009, sulfur contamination is the fault of Griffith Energy. EF-2010-7753 GRIFFITH ENERGY 03/31/2010 CAA 205 Action For Mobile/Title IIGriffith transferred approximately 3,100 gallons of diesel fuel to Sunoco Fuel and Food, Mayvfield, NY, which Griffith claimed to be 15 ppm. The sulfur content of thefuel at Fuel and Food tested 96 ppm, while the pump was labeled as dispensing Ultra Low Sulfur Diesel. Griffith s and Apex s actions violated Section 211(c) of theClean Air Act, 42 U.S. Code § 7545, and Code of Federal Regulations 40 §§ 80.610(a). EF-2010-7796 KINROAD 10/16/2009 CAA 205 Action For Mobile/Title IIImported 79 uncertified all terrain vehicles. EF-2010-7835 CARROLL INDEPENDENT FUEL

COMPANY05/06/2010 CAA 205 Action For Mobile/Title II

Violations of the Ultra Low Sulfur Diesel provisions of the Clean Air Act. EF-2010-7841 NISSAN FORKLIFT 05/07/2010 CAA 205 Action For Mobile/Title IISold 115 gasoline engines that failed to meet the requirements of the certified configuration. EF-2010-7868 DOOSAN INFRACORE

AMERICA03/17/2010 CAA 205 Action For Mobile/Title II

Manufactured and/or imported 322 nonroad diesel engines which were not covered by a certificate of conformity and which lacked proper EPA emission control labels.EF-2010-7872 TAOTAO USA 06/28/2010 CAA 205 Action For Mobile/Title IIImported 1794 all terrain vehicles and off-road motorcycles which failed to meet the requirements of their certificates of confomity. EF-2010-7900 KELLER TIRE AND SERVICE

CENTER11/20/2009 CAA 205 Action For Mobile/Title II





SummaryKeller Tire & Service Center installed an aftermarket catalytic converter on a 2002 Volkswagen Jetta that was still under the Volkswagen emissions warranty. Theaftermarket catalytic converter was not equivalent to the original manufacturer s converter and furthermore the installation did not comply with EPA s policy for Saleand Use of Aftermarket Catalytic Converters , which disallows use of aftermarket catalytic converters within the emissions warranty period. As a result, the company isliable for 1 violation of Section 203(a)(3) of the Clean Air Act, 42 U.S.C. § 7522(a)(3). EF-2010-7902 AMERICAN PERFORMANCE

TECHNOLOGIES04/29/2010 CAA 205 Action For Mobile/Title II

Importation of 102 uncertified on-road scooters. EF-2010-7903 CHARLES AMASH IMPORTS 11/20/2009 CAA 205 Action For Mobile/Title IIImported 575 uncertified loose engines.EF-2010-7905 E1 DYNAMICS 01/08/2010 CAA 205 Action For Mobile/Title IIImported one improperly labeled non-road diesel engine. EF-2010-7906 ADVANCED INDUSTRIAL

PRODUCTS12/30/2009 CAA 205 Action For Mobile/Title II

Imported 117 uncertified gasoline powered water pumps and generators.EF-2010-7907 AMAZING MOTORS 11/23/2009 CAA 205 Action For Mobile/Title IIImported 5 uncertified onroad motorcycles. EF-2010-7908 PUMA INDUSTRIES 12/15/2009 CAA 205 Action For Mobile/Title IIImported 30 spark-ignition (gasoline) engines that do not conform to the certificate of conformity.EF-2010-7912 SUNRIGHT 03/09/2010 CAA 205 Action For Mobile/Title IIImported 27 uncertified all terrain vehicles (ATV's).

HQEnforcementAction Identifier



SummaryHQ-2006-6006 SILGAN CONTAINER

CORPORATION (NATIONALCASE)






SummaryThis action refers nine (9) facilities owned and operated by Silgan Containers where Silgan submitted a self disclosure audit for potential violations of the Clean Air Actand State Implementation Plans. HQ-2008-6001 JOHNSON CONTROLS INC. 10/15/2009 CAA 113A Admin Compliance Order (Non-Penalty) In 2006 and 2007, JCI disclosed violations of the Clean Air Act (CAA) at facilities it had recently acquired under EPA s Incentives for Self-Policing: Discovery,Disclosure, Correction and Prevention of Violations Final Policy Statement (Audit Policy), 65 Fed. Reg. 19618 (April 11, 2000). Specifically, JCI disclosed that the 5facilities did not have CAA operating permits located in Wichita, Kansas; Norman, Oklahoma; Dixon, Illinois; East York Pennsylvania; and Largo, Florida. The major corrective actions occurred at the larger facilities [Wichita, KS and Norman, OK]. Previously these facilities had been using large volumes of high-VOClubricating oils. JCI instituted equipment and process changes that will significantly reduce its VOC emissions. These changes include the use of low VOC-containinglubricant oil and pre-oiled metal sheets (using the low VOC-containing oil), providing significant environmental and public health benefits by reducing VOC emission.JCI made these process changes in August 2008, and will incorporate the new emission limits in its state operating and Title V permits. o 240 tpy (or ½ million lbs./yr) of VOC emissions will be reduced at Wichita, KS. o 70 tpy (or 140,000 lbs./yr.) of VOC emissions will be reduced at Norman, OK. HQ-2008-6001 JOHNSON CONTROLS INC. 10/15/2009 CAA 113D1 Action For Penalty In 2006 and 2007, JCI disclosed violations of the Clean Air Act (CAA) at facilities it had recently acquired under EPA s Incentives for Self-Policing: Discovery,Disclosure, Correction and Prevention of Violations Final Policy Statement (Audit Policy), 65 Fed. Reg. 19618 (April 11, 2000). Specifically, JCI disclosed that the 5facilities did not have CAA operating permits located in Wichita, Kansas; Norman, Oklahoma; Dixon, Illinois; East York Pennsylvania; and Largo, Florida. The major corrective actions occurred at the larger facilities [Wichita, KS and Norman, OK]. Previously these facilities had been using large volumes of high-VOClubricating oils. JCI instituted equipment and process changes that will significantly reduce its VOC emissions. These changes include the use of low VOC-containinglubricant oil and pre-oiled metal sheets (using the low VOC-containing oil), providing significant environmental and public health benefits by reducing VOC emission.JCI made these process changes in August 2008, and will incorporate the new emission limits in its state operating and Title V permits. o 240 tpy (or ½ million lbs./yr) of VOC emissions will be reduced at Wichita, KS. o 70 tpy (or 140,000 lbs./yr.) of VOC emissions will be reduced at Norman, OK. HQ-2008-8004 HSBC NORTH AMERICAN 01/07/2010 CAA 113D1 Action For PenaltyAction is the result of voluntary self-disclosure.HQ-2008-8004 HSBC NORTH AMERICAN 01/07/2010 CWA 311B6B2 AO For Class II PenaltyAction is the result of voluntary self-disclosure.HQ-2008-8004 HSBC NORTH AMERICAN 01/07/2010 EPCRA 325 Action For PenaltyAction is the result of voluntary self-disclosure.HQ-2009-5001 SINOCHEM (U.S.A.), INC. 10/09/2009 TSCA 16 Action For Penalty





SummaryFailure to report export of designated chemicals to EPA precludes advance notification of these chemical shipments to foreign governments as required by TSCA. Asa part of meeting the conditions of the audit policy, respondent was required to remedy this matter.HQ-2009-5028 HD MICROSYSTEMS 10/02/2009 TSCA 16 Action For PenaltyFailure to report export of designated chemicals to EPA precludes advance notification of these chemical shipments to foreign governments as required by TSCA. Asa part of meeting the conditions of the audit policy, respondent was required to remedy this matter.HQ-2009-5030 GE WATER & PROCESS

TECHNOLOGIES D/B/A GEZENON, INC.

10/02/2009 FIFRA 14A Action For Penalty

An importer desiring to import pesticides or devices into the United States must submit the appropriate Notice of Arrival (form 3540-1) to the Environmental ProtectionAgency, prior to the arrival of the shipment to the United States. As part of meeting the conditions of the Audit Policy, the respondent was required and provided theEPA the appropriate information to the EPA the Establishment Registration and reviewing all recordkeeping practices in order to meet the requirements of the AuditPolicy.HQ-2009-8005 SAINT-GOBAIN ABRASIVES,


Saint Gobain acquired Moyco Precision Abrasives and audited for compliance with EPCRA sections 312 and 313 reporting requirements and self-disclosed violationsunder the New Owners Interim Policy.HQ-2009-8009 RAYTHEON COMPANY 10/02/2009 EPCRA 325 Action For PenaltyRaytheon self-disclosed failure to submit Tier II forms at 12 facilities. HQ-2009-8010 BLACK & DECKER 04/02/2010 CWA 309G2A AO For Class I PenaltiesBlack and Decker self-disclosed under the New Owners Interim Policy. They disclosed 2 violations of the CWA.HQ-2010-5001 AKZO NOBEL COATINGS, INC. 11/17/2009 TSCA 16 Action For PenaltyFailure to report export of designated chemicals to EPA precludes advance notificatoin of these chemical shipments to foreign governments as required by TSCA. Asa part of meeting the conditions of the audit policy, respondent was required to remedy this matter.HQ-2010-5003 INTERNATIONAL PAINT, LLC 11/04/2009 TSCA 16 Action For PenaltyFailure to report export of designated chemicals to EPa precludes advance notification of these chemical shipments to foreign governments as required by TSCA. Asa part of meeting the conditions of the audit policy, respondent was required to remedy this matter.HQ-2010-5004 ROCKWOOD PIGMENTS NA,


The company disclosed violations of the Toxic Substances Control Act section 8(a) and the Inventory Update Reporting Regulations promulgated therunder at 40C.F.R. Part 710, when it failed to submit a Data Production and Site Report (Form U) for chemical substances manufactured or imported at their facility.HQ-2010-5005 ICL-IP AMERICA INC. 01/25/2010 TSCA 16 Action For Penalty





SummaryThe company disclosed violations of the Toxic Substances Control Act section of 8(a) and the Inventory Update Reporting Regulations promulgated therunder at 40C.F.R. Part 710, when it failed to submit a Data Production and Site Report (Form U) for chemical substances manufactured or imported at their facility.HQ-2010-5006 PENZOIL-QUAKER STATE

COMPANY D/B/A SHELLLUBRICANTS


The company disclosed violations of the Toxic Substances Control Act section 8(a) and the Inventory Update Reporting Regulations Promulgated thereunder at 40C.F.R. Part 710, when it failed to submit a Data Production and Site Report (Form U) for chemical substances manufactured or imported at their facility.HQ-2010-5007 COOK COMPOSITES AND

POLYMERS CO.02/05/2010 TSCA 16 Action For Penalty

CCP ffailed to submit a premanufacture notification (PMN) to the EPA Administrator, as required by 40 C.F.R. Part 720, regarding the company's intention tomanufacture a new chemical Substance.HQ-2010-5008 CHEVRON ORNITE COMPANY,


Chevron disclosed violations of TSCA section 8(a), the Notice of Commence regulations, when it failed to submit a Notice of Manufacture or Import for three chemicalssubstances no later than 30 calendar days after the dates it first manufactured or imported the new chemicals for commercial purposesHQ-2010-5009 INTERNATIONAL FLAVORS

AND FRAGRANCES INC.03/08/2010 TSCA 16 Action For Penalty

IFF disclosed violations of the Toxic Substance control Act (TSCA) section 8(a), the Notice of Commencement retgulations, when it failed to submit a Notice ofManufacture or Import for a chemical substance no later thatn 30 calendar days after the date it first manufactured or imported the new chemical for chemmercialpurposes.HQ-2010-5010 SPERRY MARINE, A UNIT OF

NORTHROP GRUMMANSYSTEMS CORPORATION


Sperry failed to notify EPA in writing of its intent to export chemical substances subject to sections 4 and 5 of TSCA and Sperry failed to submit a certification to thedistrict director at the port of entry adequately representing the true compliance status of the chemicals as required by 19 C.F.R. section 12.121(a).HQ-2010-5011 INNOSPECT LTD. F/K/A THE

ASSOCIATED OCTELCOMPANY LTD.


Innospect Ltd. disclosed violations of the Toxic Substances Control Act (TSCA) section 8(a), 15 U.S.C. Section 2607(a), and the Inventory Update ReportingRegulations promulgated thereunder at 40 C.F.R. Part 710, when it failed to submit a Data Production and site Report (Form U) for 3 chemical substancesmanufactured or imported at their Houston, TX facility, as required for the 2002 Partial Updating of the TSCA Inventory.HQ-2010-5012 CLARIANT CORPORATION 05/20/2010 TSCA 16 Action For Penalty





SummaryClariant admitted violations of section 5 ofTSCA, 15 U.S.C. § 2604, and section 15 of TSCA, 15 U.S.C. § 2614. Specifically, Clariant failed to submit a premanufacture notification (PMN) to the EPA Administrator, as required by 40 C.F .R. Part 720, regarding the Company's intention to manufacture a new chemical substance. This failure constituted violations of TSCA sections 5(a)(l), 15(1)(B) and 15(3)(B). 15 U.S.C. §§ 2604(a)(1), 2614(l)(B), and 2614(3)(B). Clariant also disclosed that it violated TSCA section 8(a), the Notice ofCommencement (NOC) regulations, when it failed to submit a Notice of Manufacture or Import for one chemical substance no later than 30 calendar days after the date it first manufactured or imported the new chemical for commercial purposes and the TSCA 8( e) reporting requirements when Clariant failed to submit to EPA two acute rat inhalation studies involving a chemical substance that had not been previously reported to the Agency as required by TSCA section 8(e).HQ-2010-5013 COGNIS CORPORATION 05/20/2010 TSCA 16 Action For PenaltyCognis disclosed violation of the Toxic Substances Control Act (TSCA) section 8(a), the Notice of Commencement regulations, when it failed to submit a Notice ofmanufacture or Import for a chemical substance no later than 30 calendar days after the date it first manufactured or imported the new chemical for commercialpurposes.HQ-2010-5014 MONSANTO COMPANY 07/01/2010 FIFRA 14A Action For PenaltyMonsanto Company, of St. Louis, Missouri, agreed to pay a $2.5 M penalty to resolve misbranding violations related to the sale and distribution of cotton seedproducts containing genetically engineered pesticides. This is the larges civil administrative penalty settlement ever received under the Federal Insecticide, Fungicideand Rodenticide Act (FIFRA).HQ-2010-5017 3M COMPANY 07/19/2010 TSCA 16 Action For Penalty3M disclosed violations of the Toxic Substance Control Act (TSCA) section 5 and the polymer exemption reporting and recordkeeping requirements at 40 C.F.R. Part723.250 for two chemical substances.HQ-2010-5018 DSM NEORESINS INC. 07/19/2010 TSCA 16 Action For PenaltyDSM NeoSol and DSM NeoResins disclosed violations of the Toxic Substances Control Act (TSCA) section 5 premanufacture notification requirements and thepolymer exemption reporting and recordkeeping requirements at 40 C.F.R. Part 723.250.HQ-2010-5021 AMERICAN VANGUARD

CORPORATION08/12/2010 FIFRA 13A AO For Stop Sale,Use,Or Removal





SummaryAmerican Vanguard Corporation (AMVAC Chemical Corporation have been issued a Stop Sale, Use or Removal Order (SSURO for potential violations of the FederalInsecticide, Fungicide and Rodenticide Act (FIFRA). EPA took enforcement action after EPA laboratory analysis of AMVAC's registered pesticide product, TechnicalGrade PCNB 95% (EPA Reg. No. 5481-197), revealed the presence of a toxic impurity known to be of toxicological significance. The products involved includeAMVAC;s technical grade and manufacturing-use pentachloronitrobenzene (PCNB) products, as well as numberous registered end-use products derived from thetechnical grade and manufacturing-use PCNB products. EPA has reason to believe AMVAC's PCNB products are in violation of FIFRA and have distributed and sold,and intends to continue distributing and selling these pesticide products in violation of FIFRA. Primary uses are as fungicides with a wide variety of uses to controlfungal diseases on vegetable crops (such as beans, cole crops (i.e., cabbage), potatoes, peanuts, flowering bulbs and garlic, as well as products for seed treatmentand controlling soil0borne diseases in turf. During the past year, Australia and Canada have taken steps to prohibit the distribution and sale of AMVAC's PCNBproducts due to these impurities.HQ-2010-8001 TYSON FOODS 06/04/2010 CAA 113D1 Action For PenaltyTyson Foods conducted a voluntary audit and self-disclosed certain violations of the CWA and the CAA.HQ-2010-8001 TYSON FOODS 06/04/2010 CWA 309G2A AO For Class I PenaltiesTyson Foods conducted a voluntary audit and self-disclosed certain violations of the CWA and the CAA.HQ-2010-8001 TYSON FOODS 06/04/2010 CWA 311B6B1 AO For Class I PenaltyTyson Foods conducted a voluntary audit and self-disclosed certain violations of the CWA and the CAA.HQ-2010-8003 PRATT & WHITNEY

ROCKETDYNE05/07/2010 EPCRA 325 Action For Penalty

Self Disclosure pursuant to the New Owners Interim PolicyHQ-2010-8003 PRATT & WHITNEY

ROCKETDYNE05/07/2010 RCRA 3008A AO For Comp And/Or Penalty

Self Disclosure pursuant to the New Owners Interim PolicyHQ-2010-8004 LINE-X ACQUISITION LLC 05/07/2010 EPCRA 325 Action For PenaltyLine-X self disclosed violations of EPCRA reporting requirements at 2 facilities under the Self Disclosure Policy (Audit Policy) and at 1 newly acquired facility under theInterim Policy.HQ-2010-8005 INTERNATIONAL PAPER 03/11/2010 CAA 113D1 Action For Penalty





SummaryInternational Paper disclosed to EPA the following potential violations that occurred at the recently-acquired International Paper facility:  Twenty locations in the facility s noncondensable gas system lacked adequate monitoring equipment as required by 40 C.F.R. §§ 63.443, 63.454, and63.455 and failed to comply with the record keeping requirements of 40 C.F.R. § 63.454(e).  Eight locations in the facility s noncondensable gas system required, pursuant to 40 C.F.R. §§ 63.443, 63.454, 63.455, and/or 40 C.F.R. § 63.450(d)(1) and(2), physical modifications, specifically: internal pressure transmitters; internal temperature transmitters; and/or remote seals.

Documents

Case Summaries for Cases with Final Orders … Summaries for Cases with Final Orders Issued/Entered in FY 2010 01 Enforcement Action Identifier Enforcement Action …