Knowing the type of enforcement actions initiated by the Maine Department of Environmental Protection and the US Environmental Protection Agency can help the regulated community better understand what pitfalls to avoid. Note that DEP and EPA have overlapping jurisdictions in Maine, so both agencies conduct inspections and address regulatory violations. As a service to St.Germain Collins clients and friends, we thought it would be useful to highlight some DEP and EPA enforcement activities during 2011 and the resulting penalties.
Excavation Company, Auburn
Violation: Displaced soil, filled and removed vegetation in a freshwater wetland and river without obtaining a Site Location Permit.
Penalty: $10,000, required to obtain an after-the-fact permit, and allow cleared areas to re vegetate.
Gravel Pit Operator, Franklin
Violation: Expanded a gravel pit by more than five acres since 1970 without DEP notification, failed to maintain a natural buffer strip, and excavated within five feet of the water table.
Penalty: $15,000, required to backfill and grade the area mined below the seasonal high water table, and re vegetate.
Wood Pellet Manufacturer, Athens
Violation: Violated provisions of its Department-issued air emission license by failing to properly operate air pollution systems, including not replacing filter bags, poor record-keeping, and particulate emissions violations.
AIR EMISSIONS AND OIL MANAGEMENT
Warehouse Owner, Auburn
Violation: New owner of large warehouse failed to transfer air emission license for boiler and did not complete oil UST inspections for the previous two years.
Penalty: $9,950, required to transfer air license, and either remove UST or complete inspection.
HAZARDOUS WASTE MANAGEMENT
Furniture Manufacturer, Brownfield
Violation: Burned and disposed of waste lacquer thinner that was classified as hazardous waste, improperly disposed of fluorescent light bulbs (universal waste), and did not properly store other hazardous waste.
Penalty: $8,000, required to obtain EPA ID for hazardous waste generation, implement a hazardous waste management program, and sample a nearby well for contaminants.
Used Car Dealer, Auburn
Violation: Failed to properly store and label hazardous waste containers, and did not keep logs regarding operation of paint distillation unit.
Penalty: $4,500 and required to adhere to requirements of their license to operate the distillation unit.
Steel Fabricator, South Portland
Violation: Failed to determine if waste paint was a hazardous waste, treated waste paint through evaporation and subsequent disposal as solid waste, failed to properly store and label hazardous waste, did not train employees nor comply with other hazardous waste generator requirements.
Penalty: $15,000 and required to upgrade all painting operations to comply with hazardous waste management rules.
Building Contractor, Skowhegan
Violation: Constructed a project that included one acre or more of disturbed area (site was 2.5 acres) without first obtaining a stormwater management permit from the Department.
Penalty: $3,600 and required to obtain an after-the-fact permit.
EPA ENFORCEMENT IN MAINE
Oil Company, Waterville
Violation: Failed to have an acceptable Oil Spill Prevention, Countermeasures, and Control (SPCC) Plan for bulk oil facilities.
Penalty: $50,180 and required to update Oil SPCC Plans for all facilities.
Aircraft Refinishing Company, Oxford
Violation: Failed to conduct appropriate waste determinations, maintain and label containers properly, conduct appropriate training and inspections, and other hazardous waste management violations.
Penalty: $5,000 and required to manage hazardous waste properly in the future.
Construction Company, Columbia Falls
Violation: Released 1,000 gallons of diesel fuel from broken fuel pump on tanker truck.
For information about these or other regulatory violations, contact Keith Taylor at St.Germain Collins.