Environmental Law

Is A Shut-Down Order The New Hammer?

By Walter James

On February 6, 2009, the USEPA, in coordination with the LDEQ, ordered Global Environmental Methods LLC to cease all operations at its waste oil and industrial process waste management and treatment facility in New Iberia, Louisiana.  The order entered as a result of violations of the discharge permit issued by the LDEQ.  On February 4, 2009, the USEPA and LDEQ conducted an inspection at the Global facility and observed numerous deficiencies and discrepancies which rose to violations of Global?s permit.

The noted deficiencies and discrepancies included inadequate treatment of wastewater and waste oil.  The facility also discharged significantly more wastewater than the total available treatment and storage capacity of the facility.  Additionally, the treatment process in use was not the treatment process described in the discharge permit application submitted to LDEQ.  The inspection also noted twenty-seven (27) fifty-five (55) gallon drums in poor condition; some were leaking and inconsistent drum labeling.  Soil staining was also noted in several areas throughout the facility.  The staining also apparently formed a path that led directly to a channel that discharged to Vermilion Bay.

Peggy Hatch, LDEQ Assistant Secretary of the Office of Environmental Compliance, was quoted as saying: ?This is an example of how state and federal government working together can improve compliance, and therefore the quality of our environment, within the state of Louisiana.  We hope that other facilities that are willfully disobeying the environmental regulations take notice.  There are so many businesses that operate within the rules.  Those who don?t should expect to face the stiffest enforcement action possible.?

The USEPA order requires Global to cease all operations at the facility; cease all discharges of wastes or any process water; stop accepting any waste material for storage or treatment; notify the USEPA and LDEQ of the details and efforts conducted to cease and desist all operations at the facility; and within thirty (30) days submit a report to the USEPA and LDEQ detailing all actions to comply with the order.

The shut down order is very draconian; it should be a significant warning to other entities operating within Region VI.

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on February 24, 2009 (boomark / email).