Enforcement

Civil Cases and Settlements by Date

Currently available civil cases are listed below. Each case has a brief description and a link to detailed information about the case.

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Definitions: Air: CAA | Water: CWA , MPRSA , OPA , SDWA | Waste & Chemical: AHERA , CERCLA , EPCRA , FIFRA , RCRA , TSCA

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2009 Civil Cases and Settlements by Date

Respondent Description Type of Order Date
Scranton Sewer Authority For Clean Water Act Settlement (PHILADELPHIA – September 29, 2009) The U.S. Department of Justice on behalf of the U.S. Environmental Protection Agency has filed a complaint asking a federal court to order the Scranton Sewer Authority to stop discharges of untreated sewage into the Lackawanna River.   Complaint   9/29/2009
Duke Energy Gallagher Plant Settlement WASHINGTON – Duke Energy, one of the largest electric power companies in the nation, will spend approximately $85 million to significantly reduce harmful air pollution at an Indiana power plant and pay a $1.75 million civil penalty, under a settlement to resolve violations of federal clean air laws, the Justice Department and the U.S. Environmental Protection Agency (EPA) announced today. The settlement also requires Duke to spend $6.25 million on environmental mitigation projects.   Consent Decree   12/22/2009
City of Akron Clean Water Act Settlement (WASHINGTON, D.C. - November 13, 2009) The city of Akron, Ohio, has agreed to make extensive improvements to its sewer system to reduce or eliminate sewage overflows that have long polluted the Cuyahoga River and its tributaries, the Justice Department, U.S. Environmental Protection Agency (EPA) and state of Ohio announced today.   Consent Decree   11/13/2009
City and County of San Francisco Clean Water Act Settlement SAN FRANCISCO (November 2, 2009) – The U.S. Environmental Protection Agency is taking action against the San Francisco Municipal Transportation Agency following federal violations of the Clean Water Act and Resource Conservation and Recovery Act.   Consent Decree   11/2/2009
Mosaic Fertilizer, LLC Clean Air Act Settlement (WASHINGTON, DC - October 5, 2009) Mosaic Fertilizer will spend approximately $30 million on air pollution controls that are expected to eliminate harmful emissions from sulfuric acid production plants in Uncle Sam, La., and Mulberry, Fla., the Justice Department and U.S. Environmental Protection Agency announced. The company will also pay a civil penalty of $2.4 million to resolve alleged Clean Air Act violations.   Consent Decree   10/5/2009
Hampton Roads Sanitiation Clean Water Act Settlement (WASHINGTON, DC - Sept. 29, 2009) Hampton Roads Sanitation District (HRSD), based in Virginia Beach, Va., has agreed to pay a $900,000 civil penalty and to take corrective actions to reduce alleged sanitary sewer overflows from its collection system and nine sewage treatment plants that have polluted the Chesapeake Bay and its tributaries, the Justice Department, U.S. Environmental Protection Agency (EPA), and the Commonwealth of Virginia announced today.   Consent Decree   9/29/2009
City of Jeffersonville, Indiana, Clean Water Act Settlement The city of Jeffersonville, Ind., has agreed to make extensive improvements to its sewer systems that will significantly reduce the city's longstanding sewage overflows into the Ohio River in a comprehensive Clean Water Act settlement with federal and state government, the Justice Department, the U.S. Environmental Protection Agency (EPA) and the state of Indiana announced today.   Consent Decree   9/17/2009
Magellan Ammonia Pipeline, Enterprise Products Operating, L.P., and Mid-America Pipeline, L.P. Clean Water Act Settlement (Kansas City, Kansas - August 14, 2009) - A pipeline company and two of its former operating firms will jointly pay a civil penalty of $3.65 million to resolve violations of the Clean Water Act resulting from anhydrous ammonia spills in Nebraska and Kansas, the Justice Department and U.S. Environmental Protection Agency announced today. The spills which occurred in 2004 resulted in significant fish kills in surrounding waterways. Magellan Ammonia Pipeline, of Tulsa, Okla.; Enterprise Products Operating, of Houston, Texas; and Mid-America Pipeline Company, also known as MAPCO, also of Houston, agreed to the settlement in the form of a consent decree filed today in U.S. District Court in Kansas City, Kansas.   Consent Decree   8/14/2009
Ohio Edison Company, W.H. Sammis Power Station, (WASHINGTON, D.C. - August 11, 2009) Ohio Edison Company, a subsidiary of FirstEnergy Corp., has agreed in a consent decree to repower one of its coal-fired power plants using primarily renewable biomass fuels, the Justice Department and U.S. Environmental Protection Agency announced today. In the agreement, filed in federal court in Columbus, Ohio and joined by the states of New York, New Jersey and Connecticut, Ohio Edison will repower the R.E. Burger Units 4 and 5 near Shadyside, Ohio with biomass fuel. The consent decree modifies a 2005 consent decree requiring Ohio Edison to reduce emissions of sulfur dioxide (SO2 ) and nitrogen oxide (NOx) at several of its coal-fired plants.   Consent Decree   8/11/2009
Union Pacific Railroad Company Clean Water Act Settlement WASHINGTON, D.C. - August 6, 2009) Union Pacific Railroad Company (UP) has agreed to settle alleged violations of the Clean Water Act in Nevada by restoring 122 acres of mountain-desert streams and wetlands, implementing stormwater controls at its construction sites, and paying a civil penalty, the Justice Department and U.S. Environmental Protection Agency announced today.   Consent Decree   8/6/2009
Aggregate Industries Clean Water Act Settlement (Boston, Mass. – August 6, 2009) – Aggregate Industries - Northeast Region Inc., will pay a $2.75 million civil penalty and implement a regional evaluation and compliance program to resolve numerous violations of the Clean Water Act at 23 facilities in Massachusetts and New Hampshire, the Justice Department and U.S. Environmental Protection Agency announced today. The penalty is the largest ever assessed to a nationwide ready-mix concrete company for storm water violations under the Clean Water Act. The settlement is the latest in a series of federal enforcement actions to address storm water violations from industrial facilities and construction sites around the country.   Consent Decree   8/6/2009
Aleris International Clean Air Act Settlement (WASHINGTON, D.C. - August 4, 2009) Aleris International Inc., one of the nation’s largest aluminum recyclers, and 13 of its subsidiaries have committed to implementing environmental improvements and controls projected to cost $4.2 million at 15 plants located in 11 states, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today. The company also agreed to a $4.6 million civil penalty to resolve violations of the Clean Air Act, which will be allowed as an unsecured claim in Aleris’s bankruptcy proceeding pending in Delaware. Aleris uses recycled beverage cans, scrap, and other materials to produce aluminum in liquid or ingot form. Part of the aluminum production process causes emissions of pollutants such as dioxins and furans, hydrogen chloride, and particulate matter.   Consent Decree   8/4/2009
Ineos ABS USA/Lanxess (WASHINGTON, D.C. - July 31, 2009) The former and current owners and operators of a chemical facility in Addyston, Ohio, LANXESS Corp. and INEOS ABS USA Corp., have agreed to pay a $3.1 million civil penalty and INEOS will spend up to $2 million to install environmental controls and modify operating procedures to resolve violations of multiple environmental laws, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today. The settlement resolves a complaint filed by the United States and the state of Ohio alleging violations of the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act and the Emergency Planning and Community Right-to-Know Act.   Consent Decree   7/31/2009
Lebanon, New Hampshire Clean Water Act Settlement (Boston, Mass. – May 28, 2009) – A settlement involving federal and state regulators and the City of Lebanon, N.H. will lead to improvements in the operation and maintenance of the City’s wastewater collection and transmission system – preventing discharges of untreated sewage to the Connecticut and Mascoma Rivers. The agreement is between the U.S. Environmental Protection Agency, the U.S. Department of Justice, the New Hampshire Department of Environmental Services, the New Hampshire Attorney General’s Office, and the City of Lebanon, New Hampshire.   Consent Decree   5/28/2009
Anadarko Petroleum Company Clean Water Act Settlement (May 7, 2009 -- Denver, Colo.) Anadarko Petroleum Co., and two related oil production companies have agreed to pay a civil penalty of more than $1 million and implement injunctive relief, develop facility response plans, and revise spill prevention as well as containment plans at a cost of more than $8 million during the term of the settlement in order to resolve violations of the Clean Water Act, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today.   Consent Decree   5/7/2009
DuPont/Lucite Clean Air Act Settlement (WASHINGTON, DC - Apr. 20, 2009) DuPont and Lucite International Inc. have agreed to pay a $2 million civil penalty to settle Clean Air Act violations at a sulfuric acid plant in Belle, W. Va., the Justice Department, U.S. Environmental Protection Agency (EPA), and the state of West Virginia announced today. The sulfuric acid plant is located on a 100-acre chemical manufacturing complex along the Kanawha River. The plant is owned by Lucite and operated by DuPont. The companies will pay $1 million to the United States and $1 million to the state of West Virginia. Further, the companies chose on their own to shut down the sulfuric-acid manufacturing unit of a larger chemical facility at the site and the settlement confirms this agreement. Under the settlement, the sulfuric acid unit is scheduled to shut down by April 1, 2010.   Consent Decree   4/20/2009
INVISTA Audit Settlement (Washington, D.C. – April 13, 2009) Invista will pay a $1.7 million civil penalty and spend up to an estimated $500 million to correct self-reported environmental violations discovered at facilities in seven states, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today. The company disclosed more than 680 violations of water, air, hazardous waste, emergency planning and preparedness, and pesticide regulations to EPA after auditing 12 facilities it acquired from DuPont in 2004.   Consent Decree   4/13/2009
Independence, Missouri Clean Water Act Settlement (Kansas City, Kan., March 31, 2009) - The City of Independence, Mo., has reached an agreement with EPA Region 7 and the U.S. Department of Justice to make a series of improvements to its sanitary sewer system aimed at keeping millions of gallons of untreated sewage from flowing into local urban streams, including Mill and Rock creeks, and the Missouri River watershed each year. Under terms of a consent decree lodged today in Kansas City, Mo., Independence will pay a settlement penalty of $255,000 to the United States. The city will spend an additional $450,000 on a Supplemental Environmental Project involving soil and bank stabilization and the use of native grasses and flowers to replace fescue grass at three of its water detention basins.   Consent Decree   3/31/2009
City of Ironton Clean Water Act Settlement On March 17, 2009, the United States District Court entered the Consent Decree that resolves the federal government's claims under the Clean Water Act. The Consent Decree requires the City of Ironton to pay a total civil penalty of $98,000, divided equally between the United States and the State of Ohio.   Consent Decree   3/17/2009
BP Texas City Clean Air Act Settlement (Washington, D.C. – Feb. 19, 2009) BP Products North America Inc. has agreed to spend more than $161 million on pollution controls, enhanced maintenance and monitoring, and improved internal management practices to resolve Clean Air Act violations at its Texas City, Texas refinery, the U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department announced today. The company will also pay a $12 million civil penalty and spend $6 million on a supplemental project to reduce air pollution in Texas City. Today’s settlement addresses the company’s noncompliance with a 2001 consent decree and Clean Air Act regulations requiring strict controls on benzene and benzene-containing wastes generated during petroleum refining operations. The company is required to upgrade control equipment and processes used to handle these materials and conduct in-depth audits to ensure compliance and minimize the amount of benzene-containing wastes generated at the refinery. It is estimated that these actions will reduce emissions of benzene and other volatile organic compounds by approximately 6,000 pounds annually.   Consent Decree   2/19/2009
Frontier Refining Clean Air Act Settlement (Washington, D.C. – Feb. 10, 2009) Two petroleum refiners have agreed in separate settlements to spend a total of more than $141 million in new air pollution controls at three refineries in Kansas and Wyoming the U.S. Environmental Protection Agency and the Justice Department announced today. The settlements are expected to reduce harmful emissions by 7,000 tons per year.   Consent Decree   2/10/2009
Wyoming Refining Clean Air Act Settlement (Washington, D.C. – Feb. 10, 2009) Two petroleum refiners have agreed in separate settlements to spend a total of more than $141 million in new air pollution controls at three refineries in Kansas and Wyoming the U.S. Environmental Protection Agency and the Justice Department announced today. The settlements are expected to reduce harmful emissions by 7,000 tons per year.   Consent Decree   2/10/2009
Patriot Coal Corporation Clean Water Act Settlement (Washington, D.C. – Feb. 5, 2009) - Patriot Coal Corporation, one of the largest coal mining companies in the United States, has agreed to pay a $6.5 million civil penalty to settle violations of the Clean Water Act, the Justice Department and U.S. Environmental Protection Agency (EPA), and the state of West Virginia announced today. The settlement includes the third largest penalty ever paid in a federal Clean Water Act case for discharge permit violations. In addition, Patriot has agreed to extensive measures designed to ensure Clean Water Act compliance at its mines in West Virginia. The consent decree includes innovative and heightened operating standards which should serve as a model for the coal mining industry in Central Appalachia.   Consent Decree   2/5/2009
Kentucky Utilities Company Clean Air Act Settlement (Washington, D.C. – Feb. 3, 2009) Kentucky Utilities (KU), a coal-fired electric utility, has agreed to pay a $1.4 million civil penalty and spend approximately $135 million on pollution controls to resolve violations of the Clean Air Act, the Department of Justice and the U.S. Environmental Protection Agency announced today.   Consent Decree   2/3/2009
Cemex California Cement Clean Air Act Settlement (LOS ANGELES - Jan. 15, 2009) In the largest settlement yet in the U.S. Environmental Protection Agency’s ongoing cement kiln enforcement initiative, the U.S. Department of Justice, on behalf of the EPA, today lodged a consent decree with the U.S. District Court for the Central District of California, resolving Clean Air Act claims against CEMEX California Cement LLC with respect to the company’s Victorville, Calif., Portland cement plant.   Consent Decree   1/15/2009
Chemtrade/Marsulex Clean Air Act Settlement (Washington, D.C. – Jan. 12, 2009) Three manufacturers of sulfuric acid have agreed to spend at least $12 million on air pollution controls that are expected to eliminate more than 3,000 tons of harmful emissions annually from six production plants in Louisiana, Ohio, Oklahoma, Texas, and the Wind River Reservation in Wyoming, the U.S. Environmental Protection Agency and the U.S. Justice Department announced today. Chemtrade Logistics, Chemtrade Refinery Services, and Marsulex also will pay a civil penalty of $700,000 under the Clean Air Act settlement.   Consent Decree   1/12/2009
Explorer Pipeline Company Clean Water Act Settlement (WASHINGTON— January 8, 2009) The Explorer Pipeline Company has agreed to pay a $3.3 million civil penalty in order to resolve an alleged violation of the Clean Water Act stemming from a July 14, 2007, spill of over 6,500 barrels (approximately 275,000 gallons) of jet fuel from its interstate pipeline at a location near Huntsville, Texas, the Justice Department and U.S. Environmental Protection Agency (EPA) announced today.   Consent Decree   1/8/2009
Citation Oil and Gas Corporation Clean Water Act Settlement (Denver, Colo. -- January 8, 2009) Citation Oil and Gas Corp. will invest approximately $580,000 on new and upgraded spill prevention controls at its Cellers Ranch production field in Johnson County, Wyo., and pay a $280,000 penalty to resolve the government’s claims for violations of the Clean Water Act. The U.S. Environmental Protection Agency and U.S. Department of Justice announced the agreement on January 7 under a consent decree lodged in the United States District Court for the District of Wyoming.   Consent Decree   1/8/2009
Savoy Senior Housing Corporation Clean Water Act Settlement Washington, D.C. - Jan. 7, 2009) Five defendants associated with the construction of the Liberty Village housing development in Lynchburg, Va., will pay a $300,000 penalty and fund more than $1 million in stream and wetlands restoration work for alleged violations of the Clean Water Act and permit restrictions during construction, the Justice Department and U.S. Environmental Protection Agency (EPA) announced.   Consent Decree   1/7/2009
Dupont Safe Drinking Water Act Consent Order (Chicago, Ill. - March 12, 2009) U.S. Environmental Protection Agency has issued a consent order to E.I. du Pont de Nemours and Co. that sets a new action level for PFOA - also known as perfluorooctanoic acid, or C-8 - in drinking water for communities surrounding the company's Washington Works facility in Parkersburg, W. Va. The order was prompted by a recent EPA Provisional Health Advisory for PFOA.   Consent Order   3/12/2009
American Smelting and Refining Company (ASARCO) Bankruptcy Settlement Bankruptcy settlement with American Smelting and Refining Company (ASARCO). EPA, along with other federal and state agencies pursued and received $1.79 billion to fund environmental cleanup and restoration under the bankruptcy reorganization.   Settlement Agreement   12/10/2009
Burlington Northern v. United States On May 4, 2009 the Supreme Court overturned the 9th Circuit Court of Appeals ruling and held that Shell Oil Company was not liable under Superfund. The decision, along with the transcript of the oral arguments before the Supreme Court, the Ninth Circuit denial of rehearing en banc, and a speech by the Department of Justice's John Cruden are available.     5/4/2009

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