FY2008 Annual Results Topics FY2008 Home Results Charts Numbers at a Glance Enforcement Highlights

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Air Compliance Water Compliance Land Compliance Cross-Media Compliance Results by Region You are here: EPA Home Region 2 2008 Year in Review 

# 2008 Region 2 Compliance and Enforcement Annual Results Regional Numbers at a Glance Federal Data presented State-by-State Federal Case Highlights Using a full range of compliance and enforcement st rategies and tools, EPA Region 2, which covers New Jersey, New York, Puerto Rico and the U.S. Vi rgin Islands, continued to bring more and more facilities into compliance with the laws that protec t the environment and public health environment in fiscal year 2008, which ran from October 1, 2007 to September 30, 2008. The results of our compliance and enforcement efforts are presented below.



## Compliance and Enforcement Annual Results Numbers at a Glance Results Obtained from EPA Civil Enforcement Actions Estimated Environmental Benefit Commitments: Direct Enviro nmental Benefits Pollution Reduced, Treated or Eliminated (Pounds) (1) 112,099,362 Hazardous Waste Treated, Minimi zed or Properly Disposed of (pounds) (1) (2) 511,493,181

Contaminated Soil to be Cleaned Up (Cubic Yards) 10,890,016 Contaminated Water to be Cleaned Up (Cubic Yards) 12,354 Stream Miles Protected (Linear Feet) 1,971 Wetlands Protected (Acres) 1,003 People Protected by Safe Drinki ng Water Act Enforcement (# of People) 64,314

Investments in Pollution Control and Clean-up (Injunctive Relief) $280,246,948 Investments in Environmentally Be neficial Projects (SEPs) $6,013,943 Civil Penalties Assessed Administrative Penalties Assessed $3,904,332 Judicial Penalt ies Assessed $3,289,399 Stipulated Penalties Assessed $2,599,953

EPA Civil Enforcement and Compliance Activities Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 32 Supplemental Referrals of Civil Ju dicial Enforcement Cases to DOJ 5 Civil Judicial Complaints Filed with Court 21 Civil Judicial Enforcem ent Case Conclusions 22 

## Region 2 Compliance

http://www.epa.gov/region02/capp/08results.htm Last updated on Wednesday, July 08, 2009 

## Pa g e 1 of 7 Compliance | Re g ion 2 | US EPA

7/22/2010 htt p ://www.e p a. g ov/re g ion02/ca pp /08results.htmAdministrative Penalty Order Complaints 248 Final Administrative Penalty Orders 267 Administrative Compliance Orders 245 Cases with SEPs 21

EPA Compliance Monitoring Activities Inspections/Evaluations 2,780 Civil Investigations 19 Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations 155 Number of Regulated Entities Re ceiving Assistan ce during EPA Inspections/Evaluations 1,955 Inspections Conducted by Tribal In spectors Using Federal Credentials (3) 0

EPA Superfund Cleanup Enforcement % of non-Federal Superfund Sites wi th Viable, Liable Parties where an Enforcement Action was taken Prior to the Start of the Remedial Action 100% Private Party Commitments for Site Study an d Cleanup (including cash outs) $225,600,000 Private Party Commitments for Cost Recovery $26,101,956 % of Cost Recovery Cases Greater than or Equal to $200,000 that were Addressed before the Statute of Limitations Expired 100%

EPA Voluntary Disclosure Program Estimated Pollution Reduction Commitments Obtained as a Result of Voluntary Disclosures (Pounds) 66,000 Voluntary Disclosures Initiated (Facilities) 134 Voluntary Disclosures Resolved (Facilities) 92 Voluntary Disclosures Initiated (Companies) 68 Voluntary Disclosures Resolved (Companies) 70 Notice of Determination (NODs) 61

EPA Compliance Assistance Total Entities Reached by Compliance Assistance 63,600 Sources for Data displayed for Numbers at a Glance: Integrated Compliance Information System (ICIS), Criminal Case Reporting System, Comprehensive Environmental Response, Compensation & Liability In formation System (CERCLIS), Resource Conservation and Recovery Act Information (RCR AInfo), Air Facility System (AFS), and Permit Compliance System (PCS) October 11, 2008. 

## Federal Data Presented State-by-state EPA works in partnership with states in targeting federal en forcement where it produces the most environmental benefit. T he data below shows EPA's activi ties and achievements. Caveat - A single enforcem ent case that addresses facilities located in more than one state w ill be counted in the total for ea ch state with a facility. The results achieved from this enforcemen t action will also be counted in each state with a facility. New Jersey New York Puerto Rico U.S. Virgin Islands 

### New Jersey Results Obtained from EPA Civil Enforcement Actions 

## Pa g e 2 of 7 Compliance | Re g ion 2 | US EPA

7/22/2010 htt p ://www.e p a. g ov/re g ion02/ca pp /08results.htmDirect Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)): Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1) 30,992,781 Hazardous Waste Treated, Minimized or Properly Disposed of (pounds) (1) (2) 11,888 Contaminated Soil to be Cleaned Up (Cubic Yards) 250,628 Contaminated Water to be Cleaned Up (Cubic Yards) 0 Investments in Pollution Control and Clean-up (Injunctive Relief) $115,078,338 Investments in Environmentally Be neficial Projects (SEPs) $849,879 Civil Penalties Assesssed $1,041,498 Counts of EPA Civil Enforcement Actions Civil Judicial Conclusions 6 Final Administrative Penalty Orders 40 Administrative Compliance Orders 26



### New York Results Obtained from EPA Civil Enforcement Actions Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)): Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1) 2,449,620 Hazardous Waste Treated, Minimized or Properly Disposed of (pounds) (1) (2) 175,371 Contaminated Soil to be Cleaned Up (Cubic Yards) 134,315 Contaminated Water to be Cleaned Up (Cubic Yards) 12,344 Investments in Pollution Control and Clean-up (Injunctive Relief) $69,133,594 Investments in Environmentally Be neficial Projects (SEPs) $1,769,815 Civil Penalties Assesssed $3,365,601 Counts of EPA Civil Enforcement Actions Civil Judicial Conclusions 14 Final Administrative Penalty Orders 161 Administrative Compliance Orders 64



### Puerto Rico Results Obtained from EPA Civil Enforcement Actions Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)): Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1) 78,656,691 Hazardous Waste Treated, Minimized or Properly Disposed of (pounds) (1) (2) 511,191,353 Contaminated Soil to be Cleaned Up (Cubic Yards) 10,401,530 Contaminated Water to be Cleaned Up (Cubic Yards) 0 Investments in Pollution Control and Clean-up (Injunctive Relief) $92,604,319 Investments in Environmentally Be neficial Projects (SEPs) $3,244,249 Civil Penalties Assesssed $2,544,800 Counts of EPA Civil Enforcement Actions 

## Pa g e 3 of 7 Compliance | Re g ion 2 | US EPA

7/22/2010 htt p ://www.e p a. g ov/re g ion02/ca pp /08results.htmCivil Judicial Conclusions 1 Final Administrative Penalty Orders 56 Administrative Compliance Orders 101



### U.S. Virgin Islands Results Obtained from EPA Civil Enforcement Actions Direct Environmental Benefits (Including benefi ts from Environmentally Beneficial Projects (SEPs)): Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1) 271 Hazardous Waste Treated, Minimized or Properly Disposed of (pounds) (1) (2) 114,569 Contaminated Soil to be Cleaned Up (Cubic Yards) 103,543 Contaminated Water to be Cleaned Up (Cubic Yards) 10 Investments in Pollution Control and Clean-up (Injunctive Relief) $3,079,911 Investments in Environmentally Be neficial Projects (SEPs) $150,000 Civil Penalties Assesssed $165,511 Counts of EPA Civil Enforcement Actions Civil Judicial Conclusions 1 Final Administrative Penalty Orders 10 Administrative Compliance Orders 54 Sources for Data displayed for Federal Data Presented State- by-State: Integrated Complian ce Information System (ICIS) (1) Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed. (2) In FY 2008, for the first time, OECA is pi loting a new Environmental Be nefits outcome reporting category to count pounds of “Hazardous Waste Treated, Minimized or Properly Disposed Of “ fr om enforcement cases. OECA ha s determined that none of the previously established outcome categories are appropriate for co unting the environmental benefits obtained from EPA’s hazardous waste cases. For FY 2008, this new pilot category includes only results from RCRA cases, but, in the future, similar results obtained from enforcement actions under other statutes, particularly CERCLA, may also be included. (3) In FY 2008, for the first time, OECA is creating a separate reportin g category to count the numb er of tribal inspections conducted by tribal inspections using federal credentials. Insp ections conducted by tribal insp ectors using federal credential s are done "on behalf' of the Agency , but are not an EPA activity. 

## Federal Case Highlights Pr esented State-by-state New Jersey New York Puerto Rico U.S. Virgin Islands 

### New Jersey Occidental Chemical Corporation and Tierra Solutions (Diamond Alkali Superfund Site) EPA, Occidental Chemical and Tierra Solu tions entered into a settlement agreement on June 23, 2008 requirin g the two companies to remove 200,000 cubic yards of dioxin-laden material near the Diamond Alkali Superfund site in Ne wark, N.J., some 3.5 miles from the mouth of the Passaic River. This is the most significant removal of contamin ated material from the Passaic River to da te, removing nearly half of the dioxin in the river’s sediment.
The removal will cost an estimated $80 million. EPA will review and approve all work plans, which will contain specific details of the work, and will oversee the entire operation. EPA developed this ag reement in close cooperation with the New Jersey Department o f Environmental Protection. 

## Pa g e 4 of 7 Compliance | Re g ion 2 | US EPA

7/22/2010 htt p ://www.e p a. g ov/re g ion02/ca pp /08results.htmThe cleanup will be conducted in two phases. In both phases, sediment will be removed from the river in a semi-dry state, which will ensure that sediment is not stirred up and dispersed into the river. Clean fill w ill be placed over excavated areas. All a spects of the work, including monitoring requirements, engineering controls, and oversight, will be spelled out in the work plans to ensu re the work is done safely, effectively and with minimal impacts to surrounding communities. EPA w ill work closely with stakeholde rs throughout the design and co nstruction of the project. Lonza, Inc. In March 2007, EPA charged Lonza, Inc., the na tion’s largest manufacturer of hospital di sinfectants, with ma king inaccurate cla ims about the effectiveness of certain products against microbial pest s. As a result, Lonza agreed on June 27, 2008, as part of its settlement with EPA, to develop and implem ent an unprecedented, nationwide quality a ssurance program to ensure the quality and efficacy of the disinfectant products sold to hospitals. Before any pesticide is sold in the country, it must go throug h EPA’s rigorous registration proc ess and its producer must ensur e that its product lives up to its claims. Some of the hospital disinfec tant products that Lonza sold with inaccurate labeling include d Formula 158 Lemon Disinfectant, Fresh and Cl ean, and REV. Formula 158 Lemon Disinfec tant and Fresh and Clean did not kill Pseudomonas Aeruginosa, and REV killed neither the Pseudomona s Aeruginosa nor Staphylococcu s aureus, as claimed on the labels. Both pathogens can cause infections that can be serious, but are often treatable with antibiotics. As part of its quality assurance program, Lonza will evaluate wh ether the companies formulating it s products are doing so safel y and legally, inspect production plants, interview key personnel an d review required documentation. Only companies meeting the criteria of regulatory, quality assurance and manufacturing compliance will continue to formulate Lonza’s products. Lonza has u ntil December 2009 to develop and fully implemen t this program. The establishment of th e national quality assurance program is considered a supplemental environmental project under the se ttlement agreement. 

### New York City of Middletown The U.S. government and the City of Middl etown, N.Y. reached a settlement on Sept. 3, 2008 regarding violations of the Safe Drinking Water Act relating to the City’s public drinking water system, which distri butes water drawn from a surface water sour ce to some 26,200 people. The city agreed to construct a water tr eatment facility by April 30, 2010 to filter the drinking water it d raws from surface water sources. During construction, the city must implem ent measures to protect the quality of it s drinking water such as monitoring for contaminants of the water from surface water sources and monthl y reporting of monitoring data to EPA, New York State and Orange County. The city also agreed to pay a $50,000 civil monetary penalty to the federal government, and to spend an additional $490,000 on a supplemental environmental project to collect the backwash water from the proposed water treatment plant for recycling. Town of Newburgh The U.S. government filed and se ttled a civil lawsuit against the Town of Newbur gh, N.Y. on June 30, 2008, involving violations of the Safe Drinking Water Act regarding the to wn’s drinking water system, which distributes unfiltered drinking water to some 23, 000 people. The town agreed to construct a wate r treatment facility by May 1, 2013 to filt er the drinking water it draws from the Delaware Aqueduct, the Tow n’s principal water source. During construction, the town must implemen t measures to protect the quality of its dr inking water. They include monitoring for contaminants of the water from the Delaware Aqueduct, monthly re porting of monitoring data to EPA, New York State and Orange County, and meeting water quality standards applicable to water systems that are not required to install treatment facilities. The settlement requires the town to pay $100, 000 in civil penalties, and to undertake three supplemental en vironmental projects , valued at approximately $912,000, to improve the water quality in and arou nd the town. Specifically, th e town will purchase and maintain vacant undeveloped properties around the Chadwick Lake Reservoir, an alternate drinking water source for the town, in order to protect the watershed. The town also agreed to connect residential and commercial prop erties along North Carpenter Ave nue and West Stone Street to Newburgh’s sanitary sewer system. This proj ect will prevent waste in septic systems fr om discharging directly into the ground a nd running into to other water bodies in the ar ea, such as Orange Lake and tributaries of the Hudson River. In addition, the town agreed to replace existing catch basins connected to pipes that discharge into Orange Lake with basins equipped to prevent sediment and trash from flowing into the lake. The federal government ch arged in the lawsuit that betw een 2005 and 2007, the town’s drinki ng water repeatedly exceeded maximum contaminant levels for certain disinfectant byproducts, na mely haloacetic acids. The government further contended that the town failed to comply with an EPA administrative order requ iring the town to monitor drinki ng water quality and report the monitoring results to the Orange County De partment of Health. The lawsuit also char ged that the town had failed to provide required public notice when the town’s drinking water exceeded the maximum contam inant levels for disinfectant byproducts. 

## Pa g e 5 of 7 Compliance | Re g ion 2 | US EPA

7/22/2010 htt p ://www.e p a. g ov/re g ion02/ca pp /08results.htmLi Tungsten Superfund Site U.S. District Court for the Eastern District of New York approv ed and entered three consent judg ments on Oct. 29, 2007, which a re expected to be the final settlements relating to the Li Tungsten Superfund Site in Glen Cove, N.Y. The settlements include one between EPA and 24 potentially responsible parties (PRPs), one be tween EPA and the City of Glen Cove, and a third between EPA and Wah Chang Smelting and Refini ng Company of America (WCSRCA). Four of the PRPs are federal agencies: the General Services Administration and the departments of Commerce, Defense, and Treasury. The settlement with 24 PRPs has four compon ents. First, the federal PRPs will pay $26 million, a $25 million reimbursement to E PA for response costs and $1 million for future cleanup work at the site. The second comp onent requires two PRPs, TDY Industries a nd TDY Holdings, to continue performing the re mainder of the remedial work at the site, estimated at $10.7 million at the time of the consent judgment’s signing. The third comp onent requires the remaining 18 non-federal parties to reimburse EPA $3.61 million, with Nassau County, contributing an additional $125,000 for future work. EPA will receive $28.61 million towards its past costs, and PRPs will be performing response ac tions estimated to cost $10.7 mi llion. All but one of the 20 non-federal parties has agreed to pay a $1.5 million civil penalty for non-compliance with an earlier EPA administrative order under the Superfund law. In its settlement, the City of Glen Cove will pay EPA $1.6 milli on for past costs, and the settl ement with WCSRCA requires the company to pay us $700,000 for past costs. The city’s payment is in addition to $3.4 million that it previously paid to finance work and satisfy its liability at the site. 

### Puerto Rico Toa Baja Municipal Solid Waste Landfill On Sept. 19, 2008, EPA, the municipality of Toa Baja, P.R., and Landfill Technologies, Inc. entered into an administrative orde r on consent that outlines a plan to stop receiving solid waste at the main part of the Toa Baja landfill by June 2010, with steps t o close the landfill to follow. This is the fifth order issued by EPA re quiring a landfill in Puerto Rico to close since 2007; the othe r landfills are in Vega Baja, Florida, Aguadilla and Santa Isabel.
EPA also issued a unil ateral order to the Puerto Rico Land Authority requir ing it to share in the required work at the Toa Baja landfill. The land authority had de clined to sign a consent order. The 105-acre Toa Baja landfill was created in 1994 when landfills operated by the muni cipalities of Toa Baja and Bayamón merged

. Toa Baja has owned the la ndfill since 2005, and Landfill Tech nologies, Inc. manages the landf ill. The Puerto Rico Solid Waste Management Authority estimated that in 2003 the Toa Baja landfill accepted approximately 500,000 tons of waste, mostly household and commercial solid waste. Ongoing inspections of the landfill found it lacking operating controls, sufficient security, le achate and stormwater discharge controls, and groundwater and explosive gas monitoring systems. The landfill also lacked a lan dfill gas control and collection system. The agreement to close the landfill is governed by the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act. Bacardi Corporation EPA and the Bacardi Corporation reached an agreement resolving Clean Water Act violatio ns at Bacardi’s rum manufacturing facili ty in Cataño, P.R., on Sept. 12, 2008. Under the agreement, a consent decree approved by the U.S. District Court for Puerto Rico, Bacardi paid a $550,000 penalty, and will dona te and preserve land valued at $1 million. EPA alleged in its complaint that from March 2002 to July 2008, Baca rdi failed to comply with cert ain pollutant limits in its p ermit and, in some instances, failed to report monitoring results for dischar ges into the Atlantic Ocean. EPA cited Bacardi for failu re to meet pollutant limits for cadmium, lead, copper, oil and gr ease, selenium, zinc and two types of organic compounds. In addition to the penalty, Bacardi will do nate a two-acre parcel of land in the Cienega Las Cucharillas watershed, which was appraised for $1 million and abuts the San Ju an Estuary, to Universidad Metropolitana, a private univ ersity in Cupey. The land comprises wetlands and upland area s, and is bordered by tidal black mangroves, trees that are vital to preserving Puerto Rico’s unique ecosystem. The land transfer is considered a supplemental environmental project under the agreement. Additionally, Bacardi will be given two year s to address stringent bacteria limits and will be required to meet interim limits fo r bacteria during that period. Bacardi also agreed to undertake e nhanced monitoring of its discharges should it have operational problems at its treatment facilities in the future. 

## Pa g e 6 of 7 Compliance | Re g ion 2 | US EPA

7/22/2010 htt p ://www.e p a. g ov/re g ion02/ca pp /08results.htm

### U.S. Virgin Islands Government of Virgin Islands In 2008, the government of the U. S. Virgin Islands entered into a settlement agreement with EP A to come into compliance with hazardous waste regulations and to set up facilities where the public can bring hous ehold hazardous waste. EPA had cited the Vi rgin Islands for improperly handling used comput ers that contained lead and spent mercury- containing fluorescent light bulbs at many facilities throughout its three islands. In April 2005, EPA conducted inspections at tw o locations in the Vi rgin Islands and found a number of potential violations of t he federal hazardous waste law, the Resource Conservation and Recovery Act. After the inspections, EPA requested that the Virgin Islands government describe and do cument its practices at other fa cilities where light bulbs and co mputer components were throw n away. The government’s response indicated widespread violations of hazardous wa ste requirements. Before the inspections, the Virgin Islands government discarded light bulbs and computers with regular trash with out determining whether these wastes were hazardous and without taking steps to prevent releases of hazardous contents such as mercury and lead. The Virgin Islands government was fined $37,195, and agreed to spend at least $150,000 to develop and implement a campaign to raise public awareness of proper household waste management and disposal practices. Under this supplemental environmental project, the Virgin Islands government will construct and op erate several hazardous waste collection centers, purchase two collection trucks and four storag e sheds and advertise the program. The government will operate and maintain the collection centers for at least two ye ars and arrange for appropriate off-island disposal or treatment of the collected hazardous waste. 

## Pa g e 7 of 7 Compliance | Re g ion 2 | US EPA

7/22/2010 htt p ://www.e p a. g ov/re g ion02/ca pp /08results.htm