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EPA FINES MASSACHUSETTS MILITARY RESERVATION AGENCIES $221,059 FOR HAZARDOUS WASTE VIOLATIONS

Release Date: 07/15/1996
Contact Information: Johanna Hunter, EPA Community Involvement; (617) 918-1041 Jim Gaffey, EPA Enforcement Engineer; (617) 918-1753 Tim Conway, EPA Senior Enforcement Counsel; (617) 918-1721

BOSTON -- The United States Environmental Protection Agency today announced three enforcement actions against the Air National Guard ($93,710), the Army National Guard ($88,600) and the Marines ($38,749) for violations pertaining to improper hazardous waste handling practices at the Massachusetts Military Reservation on Cape Cod. In addition to issuing these penalties, EPA is demanding immediate compliance with Federal and State hazardous waste management requirements.

The violations include multiple failures by the Army National Guard, the Air National Guard or Marines to properly characterize their wastes. These failures resulted in improper waste determinations and potential mishandling of wastes, including problems with the notification to receiving facilities of shipments of wastes generated at MMR. Additionally, EPA inspectors noted that in some instances personnel were not trained, emergency plans were not adequate, and hazardous waste containers were improperly managed.

"The citizens of the Upper Cape know all too well what happens when hazardous waste is mismanaged," said John P. DeVillars, administrator for EPA's New England office. "EPA is committed to ensuring that the existing contamination at Otis is cleaned up as quickly, efficiently and thoroughly as possible. Just as important, we're dedicated to making sure that DoD prevents the problem from getting any worse. This site, more than any other in New England, must be handled with great care. These enforcement actions underscore EPA's absolute commitment to a cleaner, safer, healthier Upper Cape."

EPA identified the toxic waste handling problems during an August 1995 inspection as well as subsequent reviews of facility records. The comprehensive, or "multi-media," inspection involved ten EPA and State of Massachusetts investigators looking at hazardous waste compliance, Clean Air, Spill Prevention, Toxic Substances Control, Wetlands and Underground Injection programs.

"EPA's goal is to work cooperatively to address pollution whenever possible," DeVillars added. "And we will continue to do so with the DoD at this site -- bringing a vast number of resources to bear on the cleanup of this critical site. But at a certain point, it takes law enforcement to make people pay attention. EPA will not hesitate to use that authority."

The hazardous waste handling violations by the DoD facilities have not contributed to the ongoing groundwater contamination emanating from the base. Instead, these enforcement actions put the DoD agencies on notice of corrective measures they need to undertake to properly handle hazardous wastes.

Additionally, in August 1995 the National Guard Bureau committed to pay $555,000 for failure to meet established deadlines for submittal of project documents under the Federal Facilities Agreement. The National Guard Bureau agreed with EPA-New England to spend $500,00 on development of a groundwater model to aid in cleanup of groundwater plumes and an additional $55,000 fine for not meeting deadlines. Recent Congressional Appropriations language in defense spending bills include the $555,000 MMR penalty and should be appropriated later this year as promised by DoD.

EPA is also overseeing the Department of Defense's (DoD) Installation Restoration Program cleanup activities for pollution problems at the base that have contaminated nearby communities' (Bourne and Falmouth) local water supplies. Recently, the Air Force Center for Environmental Excellence, the Air Force's national center in San Antonio, Texas for hazardous waste cleanups took over the cleanup program at the request of senior officials in DoD.