News Release from EPA - Armstrong Envtl. Svc.

Armstrong Environmental Services to Pay $35,000 Penalty for Clean Water Act Violations at Lancaster, Pa. Facility 

(PHILADELPHIA – March 1, 2012) The U.S. Environmental Protection Agency today announced a settlement with Armstrong Environmental Services (AES) over alleged Clean Water Act violations at the company’s waste processing and disposal facility in Lancaster, Pa. AES agreed to pay a $35,000 penalty for allegedly exceeding permit limits when discharging industrial wastewater pollutants to the City of Lancaster Wastewater Treatment Plant in Lancaster County, Pa. The settlement also requires the company take actions to minimize the likelihood of future violations.

EPA’s complaint alleged AES exceeded its pretreatment permit discharge limits for pollutants oil and grease, pH and copper for a period of five-years. As part of the settlement, AES did not admit liability for the alleged violations, but has certified that it is now in compliance with applicable Clean Water Act requirements.
 The Clean Water Act requires companies discharging pollutants to publicly owned wastewater treatment works (POTWs) to obtain a permit from the POTW limiting the amount of pollution that may be discharged to the plant. This usually requires some type of pretreatment by the discharging facility.

Pretreatment permit limits for pollutants are established in order to prevent impairment of waterways, either as a result of pollutants passing through the POTW -- or interference with the functioning of the treatment plant.

For more information about pretreatment requirements visit:

http://cfpub.epa.gov/npdes/home.cfm?program_id=3

MOEX Offshore Agrees to $90 Million Partial Settlement

News release from EPA:

FOR IMMEDIATE RELEASE
February 17, 2012

MOEX Offshore Agrees to $90 Million Partial Settlement of Liability in Deepwater Horizon Oil Spill
$70 million penalty is largest under the Clean Water Act; MOEX also to perform Gulf conservation projects worth at least $20 million
 

WASHINGTON – MOEX Offshore 2007 LLC has agreed to settle its liability in the Deepwater Horizon oil spill in a settlement with the United States valued at $90 million, announced the Department of Justice, the U.S. Coast Guard and the U.S. Environmental Protection Agency (EPA) today.  Approximately $45 million of the $90 million settlement is going directly to the Gulf in the form of penalties or expedited environmental projects.

According to the terms of the settlement, MOEX will pay $70 million in civil penalties to resolve alleged violations of the Clean Water Act resulting from the spill and agreed to spend $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect in perpetuity habitat and resources important to water quality and other environmental features of the Gulf of Mexico region.  At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.

The terms of today’s settlement do not affect the potential liability of – or recoveries from – other parties involved in the Deepwater Horizon oil spill.

Beginning with a well blowout and explosion on April 20, 2010, the owners and operators of the Macondo Well and the drilling rig Deepwater Horizon allowed millions of barrels of oil to escape into the Gulf of Mexico, affecting the entire region.  Oil spills can cause both immediate and long-term harm to people’s health and the environment.  The Clean Water Act provides for civil penalties for such discharges.  This is the largest civil penalty ever recovered under the Clean Water Act.

“The Department of Justice has not wavered in its commitment to hold all responsible parties fully accountable for what stands as the largest oil spill in U.S. history,” said Attorney General Eric Holder.  “This landmark settlement is an important step – but only a first step – toward achieving accountability and protecting the future of the Gulf ecosystem by funding critical habitat preservation projects.”

“This will move the Gulf Coast along in its recovery as it continues to rebound from the largest spill in U.S. history,” said Coast Guard Commandant Adm. Bob Papp.  “The settlement demonstrates our firm commitment to hold accountable those who pollute our environment.”

“This is good news for the Gulf Coast communities that are continuing to rebuild their economy and restore their ecosystem. This administration is going to stand with the people here to ensure a full recovery from the Deepwater Horizon oil spill,” said EPA Administrator Lisa P. Jackson. “Dedicating funds to actions that restore the local waters is a vital part of restoring these communities.  As someone who grew up on the Gulf Coast, I know how important clean water is to the lives and livelihoods of the people here, and I know we need to take every possible action to get the ecosystem here on a path to long-term restoration.” 

As part of the settlement, MOEX Offshore has agreed to pay $70 million in civil penalties, of which, $45 million will go to the United States.  The money will go toward replenishing the Oil Spill Liability Trust Fund, where by law it will be available to pay for response actions, cleanup and damages caused by future spills.  The remaining penalty will go to Gulf states that participate in the settlement.  Those states will receive penalty payments as follows: $6.75 million to Louisiana, $5 million each to Alabama, Florida and Mississippi, and $3.25 million to Texas.

MOEX Offshore has also agreed to secure and protect properties of ecological significance for the Gulf habitats.  MOEX Offshore will ensure that properties within the states of Louisiana, Texas, Mississippi and Florida are transferred to – or acquired by – state governments, non-profit groups, land trusts or other appropriate entities, to protect those properties from development.  In all, these projects are expected to cost at least $20 million. The negotiation process with MOEX included numerous discussions with the Gulf states, who have been indispensible in reaching this important agreement.

This settlement does not affect the government’s claims against any other defendant in the Deepwater Horizon lawsuit that was filed on Dec. 15, 2010.  The trial of the first phase of the case is set to begin in federal district court in New Orleans on Feb. 27, 2012.

MOEX Offshore is a wholly-owned subsidiary of the MOEX USA Corporation.  Mitsui Oil Exploration Co. Ltd. is the corporate parent of MOEX USA, which in turn is owned by Mitsui & Co. Ltd. of Japan.

The proposed settlement, lodged in the U.S. District Court for the Eastern District of Louisiana, is subject to a 30-day comment period and final court approval. 

More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/moex.html

EPA Orders Louisiana Poultry Farms to Stop Discharging

News release from EPA Region 6:

EPA Orders Louisiana Poultry Farms to Stop Discharging

(DALLAS – February 10, 2012) The Environmental Protection Agency (EPA) has issued cease and desist administrative orders to two chicken broiler facilities in Lincoln Parish, Louisiana, for discharging chicken litter into a tributary of the Dugdemona River.

The Mike Reeves 1 and Beaver Creek Farm chicken broiler facilities are concentrated animal feeding operations located approximately four miles east of Arcadia on the south side of U.S. Highway 80, Lincoln Parish. The broiler facilities have been ordered to immediately stop all discharges of pollutants into waters of the United States.

“We expect poultry farms to put food on our tables, not waste into our rivers,” said EPA Regional Administrator Al Armendariz. “Owners and operators of animal feeding operations have a responsibility to comply with the law.”

On January 24 and 25, 2012, the EPA inspected the facilities and found unauthorized discharges of pollutants from chicken litter storage piles to an unnamed tributary of the Dugdemona River.

As a result of the inspection, the owners and operators of the Mike Reeves 1 and Beaver Creek Farm chicken broiler facilities have been ordered to immediately take action to stop all discharges of pollutants from their facilities’ chicken litter storage piles. Within 30 days they must submit to EPA and the Louisiana Department of Environmental Quality (LDEQ) a certified summary, including photographs, that document the unauthorized discharges have been stopped.

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

EPA audio file is available at http://www.epa.gov/region6/6xa/podcast/feb2012.html

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