EPA v. BANGOR CITY OF

Case summary

THE ADMINISTRATIVE COMPLAINT IS BASED ON AN INSPECTION OF FOUR CITY FACILITIES: THE DEPARTMENT OF PUBLIC WORKS AT 530 MAINE AVENUE; THE MOTOR POOL AT 481 MAINE AVENUE; THE BANGOR INTERNATIONAL AIRPORT AT 287 GODFREY BOULEVARD; AND THE AVIATION FUEL FACILITY ON MAINE AVENUE. THE EPA INSPECTORS FOUND THAT THE CITY WAS NOT COMPLYING WITH MOST HAZARDOUS WASTE LAWS AT THESE FACILITIES. THE COMPLAINT ALLEGES THIRTY-SEVEN VIOLATIONS OF HAZARDOUS WASTE STANDARDS AT THE FOUR FACILITIES. IN 2000, EPA NEW ENGLAND SENT LETTERS TO TOWN MANAGERS WARNING THEM THAT PUBLIC AGENCIES ARE RESPONSIBLE FOR COMPLYING WITH THE SAME ENVIRONMENTAL STANDARDS AS COMPANIES AND OFFERING ASSISTANCE IN COMPLYING WITH ENVIRONMENTAL LAWS. DURING THE INSPECTION IN BANGOR, EPA FOUND THE CITY GENERATES HAZARDOUS WASTES; INCLUDING AEROSOLE WASTES, SOLVENT AND HEAVY-METAL BASED WASTE PAINTS, WASTE THINNERS, WASTE FUELS AND FUEL FILTERS, LEAD AND SILVER SOLDERS, ELECTRONIC WASTES, WASTE SOLVENTS, WASTE OILS, IGNITABLE RAGS, WASTE ANTIFREEZE, AND WASTE SANDBLAST GRIT. SPECIFICALLY, EPA ALLEGES THAT AMONG OTHER VIOLATIONS, BANGOR: - TREATED HAZARDOUS WASTE WITHOUT A LICENSE AND IMPROPERLY TREATED THE WASTE BY EVAPORATION. - FAILED TO NOTIFY AND OBTAIN HAZARDOUS WASTE IDENTIFICATION #S FOR THE DPW AND THE AIRPORT. - FAILED TO CONDUCT HAZARDOUS WASTE TRAINING OF EMPLOYEES WITH HAZARDOUS WASTE RESPONSIBILITIES BETWEEN 1999 AND 2001. - FAILED TO MAINTAIN EMPLOYEE TRAINING PROGRAMS. - FAILED TO MAINTAIN CONTINGENCY PLANS FOR CHEMICAL EMERGENCIES. - FAILED TO MAKE WASTE DETERMINATIONS TO IDENTIFY WHICH CITY WASTES ARE HAZARDOUS. - FAILED TO OPERATE ITS FACILITIES IN A MANNER THAT MINIMIZED THE POTENTIAL FOR A RELEASE OF HAZARDOUS WASTES INTO THE ENVIRONMENT. EPA'S COMPLAINT ORDERS BANGOR TO: HALT TREATMENT OF WASTES BY EVAPORATION; PROPERLY TRAIN EMPLOYEES; IDENTIFY ALL HAZARDOUS WASTES GENERATED AT THE FOUR FACILITIES; ESTABLISH CONTINGENCY PLANS; AND PROPERLY HANDLE, STORE, AND MANAGE HAZARDOUS WASTES. THE CITY APPLLIED FOR AND RECEIVED ID #s FOR ITS DPW AND AIRPORT IN 2001 AFTER THE EPA INSPECTIONS OCCURRED

Defendants (1)

• BANGOR CITY OFNamed in complaintNamed in settlement

Facilities (5)

• BANGOR DPW MOTOR POOL

  481 MAINE AVE, BANGOR, ME, 04401

  Registry ID: 110039671254

• BANGOR INTERNATIONAL AIRPORT FUEL DEPT

  MAINE AVE, BANGOR, ME, 04401

  Registry ID: 110014350870

• BANGOR CITY OF DPW

  530 MAINE AVE, BANGOR, ME, 04401

  Registry ID: 110010786541

• BANGOR INTERNATIONAL AIRPORT

  287 GODFREY BLVD, BANGOR, ME, 04401

  Registry ID: 110041432170

• BANGOR INTERNATIONAL AIRPORT

  287 GODFREY BLVD, BANGOR, ME, 04401

  Registry ID: 110041432170

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• BANGOR CITY OFentered 2004-11-19

  Primary law: RCRA

  Federal penalty: $59,557 · SEP: $180,097

Timeline (5 milestones)

• 2003-09-30Complaint Filed/Proposed Order
• 2003-10-01Enforcement Action Data Entered
• 2004-11-19Final Order Issued
• 2012-06-05Demand for Stipulated Penalties
• 2012-08-31Enforcement Action Closed