Columbia N.H. Sand & Gravel Facility Faces Fine for Discharging Polluted Water

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News Release
U.S. Environmental Protection Agency
New England Regional Office
March 27, 2012

Contacts: David Deegan, (617) 918-1017

Columbia N.H. Sand and Gravel Facility Faces Fine for Discharging Polluted Water

(Boston, Mass. – March 27, 2012) – CSG Holdings, Inc. of Columbia, N.H. faces a possible fine of up to $532,500 from EPA for allowing polluted stormwater and process water from its Columbia facility to flow into nearby waters, in violation of the Clean Water Act.  CSG Holdings is the former operator of Columbia Sand and Gravel, a mining facility on the banks of the Connecticut River.

According to allegations in the complaint, CSG Holdings discharged process waste waters and stormwater from the facility without proper permits and violated the federal Oil Pollution Prevention Regulations by failing to prepare and implement a Spill Prevention, Control, and Countermeasure Plan. The recent complaint against CSG Holdings states that the violations were discovered by EPA’s New England office in 2010.

Stormwater monitoring by CSG Holdings confirmed that stormwater discharges from its sand and gravel mining and aggregate processing operations contain total suspended solids at levels that exceed permit benchmarks for their industrial sector.  When a facility's stormwater discharges exceed benchmark levels, the facility must review its stormwater control measures to determine if changes are necessary and make these changes as needed.

The Clean Water Act prohibits the discharge of process waste waters without a permit. The law also requires that industrial facilities, such as sand and gravel facilities, have controls in place to minimize pollutants from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants. Without on-site controls, runoff from sand and gravel facilities can flow directly to the nearest waterway and can cause water quality impairments such as siltation of rivers, beach closings, fishing restrictions, and habitat degradation. As stormwater flows over these sites, it can pick up pollutants, including sediment, used oil, and other debris. Polluted process water discharges or stormwater runoff can harm or kill fish and wildlife and can affect drinking water quality.

Every year, thousands of gallons of oil are spilled from oil storage facilities, polluting New England waters. Even the effects of smaller spills add up and damage aquatic life, as well as public and private property. Spill prevention plans are critical to prevent such spills or, if they do occur, adequately address them.

In May 2011, CSG Holdings sold its Columbia, N.H. facility to another owner/operator. The new owner maintains the facility’s stormwater management system and is authorized to discharge stormwater under a general permit covering discharges from industrial facilities.


More information: Stormwater control for Industrial facilities (http://cfpub.epa.gov/npdes/stormwater/indust.cfm)

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Union Pacific to Pay $1.5 Million for Clean Water Act Violations

News release from EPA Region 8:

Union Pacific Railroad Company to pay $1.5 million for Clean Water Act violations in Colorado, Utah and Wyoming

Company cited for oil and coal spills, inadequate prevention and planning
Contact Information: Donna Inman (303) 312-6201; Matthew Allen, (303) 312-6085
(Denver, Colo—February 9th, 2012) The U.S. Environmental Protection Agency today announced a settlement with Union Pacific Railroad Company regarding alleged violations of the Clean Water Act and the Oil Pollution Act.

This settlement resolves a Clean Water Act enforcement action against Union Pacific that involves continuing operations at 20 rail yards in Colorado, Utah, and Wyoming, as well as spills of oil and coal in 2003 and 2004 along railroad lines in all three states.

For the railyards, EPA alleges Union Pacific violated EPA’s Spill Prevention, Control, and Countermeasure (SPCC) and Facility Response Plan (FRP) regulations. These regulations are the first line of defense for preventing oil spills and providing immediate containment measures when an oil spill does occur.

“Today we have secured a settlement that will help prevent spills, protect water quality, and improve the safety of Union Pacific’s operations in 20 communities across Colorado, Utah, and Wyoming,” said Jim Martin, EPA regional administrator. “Union Pacific has already begun putting necessary measures in place and we will ensure they continue to do so.”

As part of the settlement, Union Pacific will pay a civil penalty of $1.5 million of which approximately $1.4 million will be deposited into the Oil Spill Liability Trust Fund, a fund used by federal agencies to respond to oil spills. The remaining $100,000 will be deposited in the U.S. Treasury for the coal spills and stormwater violations. In addition, the settlement requires the company to develop a management and reporting system to ensure compliance with SPCC regulations, FRP regulations, and storm water requirements at 20 rail yards in Colorado, Utah and Wyoming. Union Pacific must take further actions to control stormwater runoff at the Burnham Rail Yard in Denver, which are anticipated to prevent the discharge of approximately 2,500 pounds of chemical oxygen demand, 50 pounds of nitrate, 11,000 pounds of total suspended solids, and 30 pounds of zinc annually to waters in the Denver area.

This settlement will benefit many communities in Colorado, Utah, and Wyoming, many of which are disadvantaged, by requiring Union Pacific to install secondary containment to safely store oil and prevent oil spills from leaving its properties. Further, it will require the company to designate an environmental vice-president responsible for complying with oil spill prevention and stormwater control requirements at the 20 railyards. The majority of the 20 locations cited in the settlement are in disadvantaged areas with significant low-income and/ or minority populations.

The complaint alleges the following violations:

• ·         Six oil spills in Colorado, Utah, and Wyoming
• ·         Three coal spills in Colorado
• ·         Inadequate SPCC plans and/or inadequate SPCC plan implementation (e.g., inadequate secondary containment) at the following 20 rail yards:
  • o   Denver 36^th Street, Burnham, Denver North, East Portal Moffatt Tunnel, Grand Junction, Kremmling, Pueblo, and Rifle, all in Colorado
  • o   Helper, Ogden, Provo, Roper, Salt Lake City North, and Summit, all in Utah
    • §  Also for six rail yards in Utah, failure to provide certifications and reports for storm water pollution prevention plans (SWPPPs) as required by the Utah Multi-Sector General Permit.
• o   Bill, Buford, Cheyenne, Green River, Laramie, and Rawlins, all in Wyoming
  • §  Also for the Rawlins, Wyoming rail yard, an inadequate FRP and a failed Government Initiated Unannounced Exercise

For more information on the Clean Water Act, visit EPA's compliance web page: http://www.epa.gov/compliance/civil/cwa/index.html

For more information on Environmental Justice within EPA Region 8 please visit: http://www.epa.gov/region8/ej/index.html

Help EPA protect our nation's land, air and water by reporting violations: http://www.epa.gov/tips/