New e-Stewards Certification and Standard, held by the Basel Action Network (BAN), is seen as essential to stem the tide of hazardous old computers, TVs, monitors and other electronic waste currently flooding African and Asian countries such as Ghana, Nigeria, India, Pakistan and China. The Natural Resources Defense Council (NRDC) announced its endorsement of the first-ever certification program for electronics recycling created jointly by the environmental community and business leaders.
NRDC and BAN called on all electronics recyclers to become e-Steward Certified recyclers, and at the same time is asking all businesses to become designated e-Steward Enterprises by agreeing to give priority to e-Steward recyclers for their old electronic assets.
“This initiative is sorely needed,” said NRDC Senior Scientist Dr. Allen Hershkowitz. “Many e-waste recyclers claim to be green, but in reality they rely on unsafe and ecologically damaging methods like dumping millions of tons of toxic waste each year in China, India and Africa. E-Stewards provide businesses and consumers with a first-of-a-kind seal to identify the truly responsible recyclers.”
In 2008, the Government Accountability Office (GAO) released a report roundly criticizing the EPA for not doing more to promulgate and enforce rules to control the e-waste trade. According to the NRDC, to date little has changed and a market-based solution is seen as more necessary than ever.
It is awarded to companies that recycle electronics without using practices that far too many in U.S. electronics recycling industry rely upon—the use of municipal landfills and incinerators, the export to developing countries, or U.S. prison labor for disposing of toxic old electronics.
Businesses that agree to make best efforts to use e-Steward recyclers will be rewarded as designated e-Stewards Enterprises. The first global companies to receive these e-Steward Enterprise designations as well as the first Certified e-Steward recyclers will be announced in March. Already there are about 50 North American recyclers that are considered “Pledged e-Stewards” which have been vetted by BAN and are licensed and committed to becoming certified in the next 18 months. These companies include some of the largest electronics recyclers in North America. Due to the widespread fraudulent or unscrupulous exportation and irresponsible practices now plaguing the electronics recycling industry, consumers are urged to use only these Pledged e-Steward recyclers.
“NRDC recognized that we have finally created a principled yet practical solution to e-waste recycling that environmentalists, businesses and consumers can all embrace,” said Jim Puckett, Executive Director of the Basel Action Network. “We are thrilled to receive NRDC’s coveted endorsement in the lead-up to our global launch.”
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California Gives Relief to Off-road Construction Equipment Owners
California Air Resources Board Executive Officer, James N. Goldstene, announced a temporary cessation in enforcement of emission control rules that would require installation of equipment upgrades for off-road construction equip. Goldstene issued the following statement:
Over the last several years, the construction industry has felt the sting of the faltering economy with reduced activity and idled off-road equipment. This has made it difficult for contractors to pay for required clean-air upgrades to their fleets. Along with this reduced construction activity has been a corresponding reduction in construction emissions.
Because of this, ahead of a March 1, 2010, compliance deadline, ARB will issue an enforcement advisory to notify all stakeholders affected by the off-road equipment regulation that effective immediately, and until further notice, no enforcement action will be taken for noncompliance. In addition, on March 11 an Executive Officer hearing will be held where stakeholders may testify on the question of whether the off-road regulations should be further modified to account for the down economy and subsequent emissions reductions. That information will be included in an already-scheduled update to the full Board at its April meeting.
ARB will continue to evaluate the impact of the recession on emissions from all sources and make adjustments to our regulations as needed. However, the health of all Californians requires that all industries continue to use the cleanest, most efficient equipment possible. Clean air is not a luxury—it is a right. We need to continue to work toward goals that save us all money in healthcare costs, lost work and school days, and contribute to our quality of life.
New Portal to Government Climate Change Information
This climate portal will provide information about the impacts of climate on nearly every aspect of our lives from agriculture and energy to transportation.
“More and more individuals—community planners, farmers, public health officials and small business owners—are seeking reliable, user-friendly climate data and information,” said Lubchenco. “We envision this climate portal as the first step toward making the wealth of climate information at NOAA available in one easy-to-use resource.”
The site is designed to be adaptable and to respond to changes in users’ needs. Users are encouraged to offer comments and feedback; web designers will continue to update the site based on that feedback.
Known as the NOAA Climate Service Portal, the site is designed to address the needs of five broadly-defined user groups: decision makers and policy leaders, scientists and applications-oriented data users, educators, business users, and the public.
Highlights of the site include:
- An interactive climate dashboard that lets users see a range of constantly updating climate datasets (e.g., temperature, carbon dioxide concentration, and sea level) over adjustable time scales;
- A new Web-based climate science magazine called ClimateWatch, featuring videos and articles of scientists discussing their recent climate research and topics that cannot be relayed in charts and graphs;
- Explanations and exploration of data products available from NOAA and partner agencies, with direct links to the sources of the comprehensive datasets;
- Educational resources for students and teachers, including lesson plans for the classroom and laboratory, educational games and interactive media; and
- Easy-to-understand fact sheets and presentations for professionals and the public about climate science, research and climate impacts.
“This site presents climate issues in an exciting way. Storytelling is an ideal approach to convey scientific information, and NOAA has lots of great climate stories to tell,” said Lubchenco. “NOAA scientists are helping to solve the mysteries of how Earth’s climate system works and they are engaging with resource managers and business leaders across the nation and around the world to share their knowledge and benefit society.”
NOAA is one of the leading government agencies monitoring the state of the climate system worldwide, conducting climate science research, producing models to better understand and predict future climate scenarios, and assessing the impacts of climate variability and climate change on global, national and regional scales. In recent years the agency has seen more visitors to its Websites seeking information, asking questions and expressing concerns about climate change. In addition, the users of climate data and services are expanding to include business, local governments and many sectors concerned about the economic and societal impacts of climate change.
NOAA understands and predicts changes in the Earth’s environment, from the depths of the ocean to the surface of the sun, and conserves and manages our coastal and marine resources.
Chemical Transfer Company Fined $6,500 for Emissions Violations
The California Air Resources Board (ARB) has fined Chemical Transfer Company $6,500 for diesel emissions violations. An ARB investigation showed Chemical Transfer Company, based in Stockton, California, failed to properly inspect their diesel vehicles during 2008 and 2009. The law requires owners of California-registered truck fleets to regularly inspect their vehicles to ensure that their engine emissions meet state air quality standards.
“All trucking companies must properly inspect and maintain their diesel vehicles to ensure that California’s emissions goals are achieved,” said ARB Enforcement Chief, James Ryden. “The emissions from diesel trucks are very detrimental to the public’s health.”
Chemical Transfer is required to:
- Guarantee employees responsible for conducting the inspections attend a training class on diesel emissions compliance testing and provide certificates of completion within one year;
- Provide documentation to ARB that the inspections are being carried out for the next four years;
- Ensure all heavy-duty diesel vehicles have their software updated with the latest low-NOx (oxides of nitrogen emissions) programming;
- Instruct vehicle operators to comply with the state’s idling regulations; and,
- Ensure all diesel trucks are up to federal emissions standards for the vehicle model year and are properly labeled with an emission control label.
Chemical Transfer paid $6,500 in penalties: $4,875 went to the California Air Pollution Control Fund for projects and research to improve California’s air quality. The Peralta Community College District received $1,625 to fund emissions education classes conducted by participating California community colleges.
According to the ARB, diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
Unilever's Parent Company Pays $1.3 Million for Air Violations
California’s ARB has penalized Unilever/Conopco $1.3 million for illegal consumer products sales between 2006 and 2008. Conopco, Unilever’s parent company, sold, supplied, and offered for sale in California more than 2.8 million units of deodorant body spray that failed to meet clean air standards for aerosol deodorants.
“Consumer products, because of their pervasive use, contribute a growing portion of VOC emissions throughout California. Therefore, it’s important that every can and bottle of product be compliant with ARB’s standards,” said ARB Enforcement Chief, James Ryden. “The good news for California is that Unilever, after being made aware of the violation, took the steps necessary to correct the violation, mitigate the impacts, and ultimately reduce the emissions from this product.”
The violations resulted in significant excess emissions from volatile organic compounds. These emissions contribute to ground-level ozone, or smog. Exposure to ozone can cause lung inflammation, impaired breathing, coughing, chest tightness, shortness of breath, and worsening of asthma symptoms. Over 90% of Californians still breathe unhealthy air at some time during the year.
Conopco cooperated in the investigation and will make two equal payments of $650,000 into the California Air Pollution Control Fund for projects and research to improve California’s air quality.
The California Clean Air Act adopted in 1988 required ARB to reduce VOC emissions from consumer products as a means to reach health-based state and federal ambient air quality standards. Deodorants, hair spray, cleaning products, spray paint, and insecticides are examples of common consumer products that are made with VOCs. Since 1988 ARB regulations have curbed these emissions by 44%, nearly 200 tons per day, and cut toxic air contaminants by 13 tons per day.
New Forms Help Missouri Hazardous Waste Generators
The Missouri Department of Natural Resources (MDNR) has two new forms to help hazardous waste generators in Missouri.
The second new form is for businesses that recycle electronics. This exemption allows computer monitors and televisions with CRTs to be recycled easier, so long as certain requirements are met. If you are currently sending your electronics to a recycler in Missouri, it is a good idea for you to be familiar with the requirements to assure your electronics are being properly recycled.
EPCRA Tier II Reporting
Emergency Planning and Community Right to Know Act () Tier II forms are due March 1, 2010. Facilities covered by EPCRA must submit an emergency and hazardous chemical inventory form covering the previous year to the Local Emergency Planning Committee, the State Emergency Response Commission, and their local fire department. Tier II reporting is required for facilities with reportable quantities of chemicals and hazardous substances.
Maryland Department of Environment Reports Second Straight Year of Increased Enforcement Activity
For the second straight year, the Maryland Department of the Environment (MDE) issued more enforcement actions than in any previous year, an agency report shows. The agency also increased the number of sites inspected.
MDE’s 13th annual Enforcement and Compliance Report shows that the number of enforcement actions in the fiscal year that began in July 2008 increased by more than 7% compared to the prior fiscal year—when the Agency issued what was then the highest number of actions since reporting began. The number of enforcement actions has increased by 44% since Fiscal Year 2007. In early 2007, MDE launched an initiative to improve enforcement.
“Restoring a baseline of enforcement activity has been a top priority for the Department of the Environment, so I am pleased to report that our actions in this area continue to become stronger. This benefits all Marylanders—and the regulated entities that comply with regulations,” MDE Secretary Shari T. Wilson said. “Steady and consistent enforcement is critical to ensuring compliance with the state laws, regulations, and permits and ensures a level playing field for Maryland’s regulated community.”
The newly released Enforcement and Compliance Report for Fiscal Year 2009 shows:
- 2,901 enforcement actions by MDE, an increase of 7.48% over the year before and an increase of 44% over FY 2007.
- $6,516,601 in penalties collected, including the largest state environmental penalty ever levied by MDE, a $4 million settlement with ExxonMobil Corporation for the release of more than 25,000 gallons of gasoline at a service station in the Jacksonville area of Baltimore County.
- 51,587 regulated sites inspected, a 17% increase from the prior year.
- 14,412 instances of compliance assistance being rendered, up by nearly 3,000 from the year before. This approach is often the most efficient way to correct a minor violation and ensure compliance.
MDE began an initiative in 2007 to prioritize resources to enhance enforcement. This included a review of ongoing enforcement actions to determine timeliness, development of a department-wide internal operating procedure, and the use of the “MDEStat” management process. MDE regulates approximately 117,000 entities.
The annual report released today includes data from MDE’s enforcement and compliance programs in the Air and Radiation Management, Land Management (formerly Waste Management), and Water Management administrations, along with the Environmental Crimes Unit of the Office of the Attorney General. The report includes a general description of each program’s responsibilities, successes, and challenges, along with a table detailing the number of inspections, violations, enforcement actions, and penalties collected. Environment Article §1-301(d), enacted in 1997, requires MDE to report annual performance results for 15 regulatory programs and the penalty dollars collected and deposited into several specific funds.
To maximize the deterrence value of every enforcement action, each month MDE releases a list of the most significant environmental enforcement actions to the media and posts the information on the agency’s Website.
Rapid Harvest Company Fined $16,500 for Emissions Violations
The California Air Resources Board (ARB) recently fined Rapid Harvest Company $16,500 for diesel emissions violations. An ARB investigation showed Rapid Harvest, based in Salinas, California, failed to properly inspect their diesel vehicles in 2005.
“There are instances where companies are not aware of ARB’s requirements,” said ARB Enforcement Chief James Ryden. “And while this doesn’t excuse them from complying, any company found in violation that cooperates to bring its equipment quickly into compliance scores a victory for public health.”
The law requires owners of California-registered truck fleets to regularly inspect their vehicles to ensure that their engine emissions meet state air quality standards.
Rapid Harvest is required to:
- Guarantee employees responsible for conducting the inspections attend a training class on diesel emissions compliance testing and provide certificates of completion within one year;
- Provide documentation to ARB that the inspections are being carried out for the next four years;
- Ensure all heavy-duty diesel vehicles have their software updated with the latest low-NOx (oxides of nitrogen emissions) programming;
- Instruct vehicle operators to comply with the state’s idling regulations; and,
- Ensure all diesel truck engines are up to federal emissions standards for the vehicle model year and are properly labeled with an emission control certification label.
Rapid Harvest agreed to pay $16,500 in penalties. Of this total penalty, $12,375 will go to the California Air Pollution Control Fund for projects and research to improve California’s air quality. The remaining $4,125 will go to the Peralta Community College District to fund emissions education classes conducted by participating California community colleges.
2010 Missouri Compliance Calendar
This will help you avoid missing important deadlines such as the EPCRA Tier II reporting deadline or hazardous waste reporting deadlines.
Hops Facility Fined for History of Mismanaging Dangerous Waste
The Washington Department of Ecology (Ecology) issued a $30,000 penalty to John I. Haas Inc., of Yakima for violating the state’s Dangerous Waste Regulations. The regulations are designed to assure dangerous materials are properly managed to protect human health and the environment. Ecology routinely inspects and regulates businesses that generate dangerous waste.
Between 2004 and 2009, Haas was cited numerous times for mismanaging highly flammable and corrosive chemicals used in laboratory and cleaning processes. Failing to provide necessary safety equipment has also been a repeat issue. Ecology has also found that the number of problems increased with each inspection. A citizen complaint raising concerns about hazardous waste management prompted an October 2009 inspection, when 17 violations were found.
Open containers and inadequately labeled containers have been a major concern at the site. Open containers increase the likelihood of spills and evaporation of chemicals that can harm human health and the environment. Also, Haas and other hazardous waste handlers are required to properly label containers of dangerous waste so that staff and emergency responders, such as firefighters or paramedics, are aware of the risks associated with the chemicals they are working around. Emergency equipment like fire extinguishers, eye-wash stations, and telephones or radio, must be provided for those who work with dangerous wastes. Inspectors also found that Haas did not safely manage lamps containing mercury, a highly toxic substance.
“Over the years, Ecology has spent a significant amount of money and time to help bring the company into compliance,” said Brian Dick, a manager in Ecology’s hazardous waste and toxics reduction program in Yakima. “What Ecology wants is voluntary compliance, and we work hard to help companies get there. Penalties really are a last resort.”
John I. Haas has 30 days to pay the penalty or may file an appeal of the penalty with the state Pollution Control Hearings Board.
Contractor Fined for Bellevue Chemical Spill; Warning Issued to Transportation Agency
The Department of Ecology (Ecology) has fined Michel’s Pipe Services (Michel’s) of Salem, Oregon, $9,000 for two chemical spills in July, 2009, during work under I-405 near Southeast Eighth Street in Bellevue. Ecology also has issued a formal warning letter to the Washington State Department of Transportation (WSDOT) concerning the incident.
The spills occurred during a project to install a plastic lining in a 24-inch culvert that carries Trail Creek under the freeway. Michel’s, a sub-contractor for WSDOT’s prime contractor, Atkinson Construction, used a process known as “cure in place.” On each of two nights, workers snaked a 200-foot sheath coated with softened plastic resin into the existing pipe, using air pressure and steam to press the sheath against the culvert and harden the plastic.
During this process, Atkinson diverted incoming creek flow to provide dry conditions needed for the re-lining operation. The work occurred at night when cool conditions protected the plastic from hardening prematurely.
On the night of July 15, 2009, an unexpected flow of groundwater interfered with the process. Michel’s blocked the flow with an inflatable plug that later failed, allowing water to flow along the re-lining project and wash out some of the resin, which entered Trail Creek. The chemical release was not reported.
The next morning, citizens using city park trails along the creek reported chemical odors to the City of Bellevue, which alerted Ecology. Ecology investigators found resin in the creek and observed a rainbow sheen on the water surface in some areas, white milky water in others, and putty-like chunks in the water. They also noted dead crayfish and other organisms in the creek. Trail Creek flows to Mercer Slough, which empties into Lake Washington.
Ecology determined that the resin contained a mixture of substances including mineral oil and styrene, which is toxic to crayfish and other aquatic crustaceans.
Michel’s and Atkinson hired environmental firms to perform cleanup work along the creek. The next evening, Michel’s inserted a second 200-foot lining. The sheath became snagged during installation, and the company used water to free it. The water forced open plugs meant to contain it, thus discharging into the creek. The release occurred at 7:30 a.m. July 17, and was reported to Ecology by WSDOT at 8:06 a.m.
The City of Bellevue Parks Department closed trails around the spill as a precaution to prevent citizen exposure to toxic compounds. Styrene odor remained in the area until at least July 24. An Ecology water sample, taken that day, detected styrene in creek water.
“WSDOT and the contractors cooperated fully with Ecology after becoming aware of the human health and environmental threat posed by these spills,” said David Byers, who supervises Ecology’s spill response team. “However, the damage to the creek could have been minimized if workers had taken precautions to intercept any releases that might occur. Given the toxicity of substances involved, this should have been standard practice.”
Ecology’s penalty issued to Michel’s addresses the two releases and the failure to report the first incident. In a separate warning, Ecology has informed WSDOT that it failed to ensure that Atkinson and Michel’s provide safeguards to keep possible releases from entering the creek, as required in WSDOT’s construction stormwater general permit.
“Michel’s takes environmental stewardship very seriously on every job and has a solid environmental record,” said David Stegeman, Vice President of Michel’s Corporation. “We have completed projects of this type for over 20 years in Washington and across North America, and have never had a similar release. Some unusual circumstances appear to have come together to cause this incident. Regardless, we have put in place new procedures to insure that this type of incident will be prevented in the future.”
“We take these environmental violations very seriously,” said Denise Cieri, I-405 Deputy Project Director. “We’ve implemented new best management practices to ensure this won’t happen again.”
Michel’s may file an application for relief with Ecology or appeal the fine directly to the Washington State Pollution Control Hearings Board within 30 days. The company has indicated it plans to pursue one of these options.
Ecology’s spill response and water quality programs investigated these incidents as part of the department’s ongoing commitment to protect the public and the environment from toxic threats.
N.Y. Hospitals Agree to Stop Discharging Pharmaceutical Waste to Watershed
Attorney General Andrew M. Cuomo has announced groundbreaking settlements with five health care facilities located in the New York City Watershed to immediately end the practice of disposing of pharmaceutical waste into the watershed. The recently announced agreements are the first-ever settlements requiring sources of pharmaceutical releases to end this risky disposal practice.
The five facilities are located in Delaware and Putnam Counties and within the New York City Watershed, an almost 2000 square mile area that drains into reservoirs and lakes providing drinking water to eight million residents of New York City and one million people living in Westchester, Putnam, Ulster, and Orange Counties. The practice of flushing unused pharmaceuticals allows for the release of painkillers, antibiotics, anti-depressants, hormones, and other waste drugs into the watershed which is the drinking water supply for almost half the state’s residents. To date, only trace amounts of pharmaceuticals have been found in the New York City drinking water supply.
“The 9 million people who get their water from the New York City Watershed enjoy some of the cleanest, safest and best water in the world,” said Attorney General Cuomo. “We need to make sure it stays that way. These ground breaking settlements provide a new model to implement immediate and sensible precautions to keep waste drugs out of the drinking water supply.”
The settlements arise from a broad, ongoing investigation by Cuomo’s office into the pharmaceutical waste management practices of hospitals, nursing homes, and assisted living facilities located within the New York City watershed. The settlements include: O’Connor Hospital, located in Delhi, Delaware County; Margaretville Memorial Hospital, located in Margaretville, Delaware County; Mountainside Residential Care Center, a nursing home located in Margaretville, Delaware County; Countryside Care Center, a nursing home located in Delhi, Delaware County; and Putnam Nursing and Rehabilitation Center, a nursing home located in Holmes, Putnam County. All of these facilities cooperated with the investigation.
The settlements require each of the five healthcare facilities to immediately cease all discharges of pharmaceutical wastes into waterways within New York City’s watershed and, instead, direct them to waste management facilities capable of safely treating pharmaceuticals. In addition, each facility is required to take other specific steps to ensure safe disposal of pharmaceutical and other wastes in the watershed, including:
- Ensuring that waste management practices, including those related to pharmaceutical waste, comply fully with all New York and federal laws and regulations related to waste management and clean water;
- Paying civil penalties for past violations of law and costs incurred by the state in the investigation; and
- Implementing pharmaceutical “take back programs” to ensure the collection and proper disposal of pharmaceutical wastes generated by area households.
In addition to identifying that the five facilities flushed pharmaceutical wastes down sinks and toilets, Cuomo’s investigation found that the facilities’ handling of pharmaceutical wastes and other wastes violated various provisions of the federal RCRA waste management, State regulations implementing RCRA, and, in some instances, the federal Clean Water Act. Violations included the failure to properly identify, track, and dispose of pharmaceutical and other wastes defined as “hazardous waste” under RCRA.
The announcement is a preventative step toward stemming an emerging threat to New York’s safe and high quality drinking water supply.
Pharmaceuticals enter waterways and drinking water from a number of sources, including from private homes and healthcare facilities. When waste pharmaceuticals are flushed down toilets or sinks, they are conveyed to sewage treatment plants or septic systems—neither of which are designed to treat such wastes and do not remove some pharmaceuticals. Further, drinking water treatment plants, including those that chlorinate drinking water, do not consistently remove pharmaceuticals.
Studies suggest that low levels of pharmaceuticals in waterways are harming fish and other aquatic wildlife. There are no long-term studies to evaluate the affect on humans of trace amounts of pharmaceuticals in drinking water nor is there any documented evidence of harm to date. However, concerns have been raised about the public health consequences of low-level exposures to synthetic hormones, psychoactive drugs, and other waste pharmaceuticals.
Pharmaceuticals have been identified as contaminants of emerging concern by EPA. Pharmaceuticals were first detected in U.S. waters about 10 years ago and, since that time, pharmaceuticals have been found in waterways across the nation—including a 2002 study by the U.S. Geological Survey and a 2008 study by the New York State Department of Health and School of Public Health, SUNY Albany which found low levels of antibiotics, heart medications, pain killers, mood stabilizers, and hormones in wastewaters and waterways within the New York City Watershed.
David O. Carpenter, M.D., Director of the Institute for Health and the Environment, University at Albany, said, “Preventing health care facilities from flushing waste pharmaceuticals is extremely important to both the environment and to human health. I applaud Attorney General Cuomo for his actions to prevent pharmaceutical wastes from entering drinking water supplies.”
Private citizens should check whether their community organizes collection events (e.g., “take-back” programs) that will accept most common household pharmaceutical wastes and ensure their safe disposal. People should contact their local pharmacy, recycling coordinator, or municipality for more information about household pharmaceutical waste collection events in their area. If no local collection events exist, people should follow federal guidelines established for the proper disposal of household pharmaceuticals wastes.
The Office of the Attorney General, through the New York City Watershed Inspector General (WIG), plays a key role in protecting New York City’s watershed and drinking water supplies. The position of Watershed Inspector General, which was established in 1998 by Executive Order, is tasked with enhancing current efforts to protect the New York City drinking water supply from activities that could harm the New York City watershed reservoirs and tributaries. The WIG is responsible for conducting and supervising investigations of alleged violations of law within the Watershed and prosecuting such violations, and for recommending legislative, regulatory, and management practice changes to protect the watershed.
This matter is being handled by Assistant Attorney General and New York City Watershed Inspector General Philip Bein and Watershed Inspector General Scientist Charles Silver, under the supervision of Special Deputy Attorney General for Environmental Protection, Katherine Kennedy.
Project Foreman Charged for Diesel Spill Coverup
A project foreman for the Wind Sun Construction, Inc., has been charged by the New York Department of Environmental Conservation (DEC) with five felonies related to a diesel spill at a bridge construction project in Canandaigua.
Ali Dadali was arraigned in Canandaigua Town Court on charges of endangering the public health, safety, or the environment in connection to a spill of diesel fuel and an attempt to cover up the spill at a construction site on Deuel Road on July 29, 2009.
“The protection of public drinking water supplies is one of DEC’s highest priorities. The Environmental Conservation Police and DEC spill responders work diligently to protect these fragile public resources and ensure that those who endanger them are held accountable for their actions,” DEC Division of Law Enforcement Captain Michael VanDurme said.
Dadali was the foreman for a bridge construction project when an accident occurred that caused approximately 250 gallons of diesel fuel to be released into an excavation pit at the worksite. Dadali attempted to hide the spill by filling the excavation pit with soil. Two days later, fuel from the spill began to leak from the bridge project into Menteth Creek which flows into Canandaigua Lake, the primary water supply for the City of Canandaigua and the villages of Rushville, Shortsville, Manchester, and Newark.
The leak was discovered during a routine inspection of the project by the Ontario County Highway Department. DEC was notified of the spill and a cleanup effort was started. Approximately 720 tons of contaminated soil were excavated from the site and removed for proper disposal. State law requires that spills of petroleum products be reported to the DEC within two hours of the occurrence.
Dadali was released on his own recognizance, pending further court action on March 11, 2010. The felony counts carry penalties of four to seven years in prison and fines of $150,000 to $225,000.
Contractors Fined for Asbestos Violations
In a settlement with Ohio EPA and Ohio Attorney General Richard Cordray’s Office, two Northeast Ohio contractors will pay a combined $39,500 in penalties to resolve air pollution control violations associated with unauthorized demolition projects.
Mark Mirich, doing business as All Demolition of Struthers and Tinkler Construction of Warren, violated Ohio’s air pollution control laws by failing to follow notification requirements prior to demolishing two Trumbull County structures. All Demolition demolished a commercial building in Niles, and Tinkler Construction demolished the former Jamestown Village Community Center in Warren.
Each company failed to have its structure thoroughly inspected for the presence of asbestos prior to demolition and submit notices of intention to demolish at least 10 days in advance. In addition, Mirich was found burning demolition waste materials in the open in violation of Ohio’s open burning regulations.
The violations were documented by the Mahoning-Trumbull Air Pollution Control Agency, Ohio EPA’s contractual representative for air pollution issues in Trumbull County. Pre-notification and a thorough inspection of sites targeted for demolition are required to allow the local air agency or Ohio EPA to check for the presence of asbestos and ensure that any regulated asbestos is properly removed and disposed.
When in a dry state and disturbed, asbestos breaks up into small fibers that can be released to the air if not properly controlled during removal and disposal activities. If inhaled, airborne asbestos can pose health risks including respiratory diseases.
All Demolition’s $25,000 penalty and Tinkler Construction’s $14,500 penalty will help fund state and local air pollution control programs, the Ohio Environmental Education Fund, and Ohio EPA’s clean diesel school bus program. In addition, Mirich was required to attend an asbestos training program certified by the Ohio Department of Health.
Brian Karnofsky Jailed for Muscular Dystrophy
Brian has been arrested and will be put in jail for the Muscular Dystrophy Association (MDA) lock-up. We need to collect $2,000 for the MDA to help bail him out. Your tax deductible donation will help MDA continue research into the causes and cures for 43 neuromuscular diseases.
If you enjoy reading the Environmental Tip of the Week™, now is the time to help us give hope to kids and families that need our help.
Brian is the President of Environmental Resource Center. Many of you helped bail him out in 2007, 2008, and 2009, but he’s on his way back to jail this year. Don’t bother asking what crimes he’s committed—just know that we need your help bailing him out.
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Trivia Question of the Week
Which of the following hazardous waste codes applies to waste calcium hypochlorite:
a. U032
b. D001
c. D002
d. D003