A freight carrier with more than 200 transportation facilities in 47 states and Puerto Rico has agreed to a proposed settlement with the U.S. Environmental Protection Agency (EPA) over allegations it violated the Clean Water Act at multiple sites.
ABF Freight System Inc. will pay a $535,000 civil penalty and implement an improved, comprehensive and corporate-wide stormwater compliance programs at all transportation facilities, "except those located in the state of Washington," the EPA reported March 20. A portion of the $535,000 will go to the Louisiana Department of Environmental Quality, the State of Maryland, and the State of Nevada, the news release reports.
“Companies must comply with Clean Water Act provisions to prevent waterways from being contaminated by industrial pollutants,” Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division said in the news release. “This consent decree ensures that measures will be implemented at hundreds of transportation facilities across the nation to protect nearby waterways and the communities that live along them.”
The complaint alleged that ABF failed to comply with certain conditions of its CWA permits at nine transportation facilities, including failing to implement spill prevention measures and monitor stormwater discharges, according to the release. The proposed consent decree requires the company to conduct tiered management oversight inspections at permitted and No Exposure Certification facilities throughout the three-year implementation of the decree. ABF voluntarily disclosed its non-compliance to the EPA in 2015 and uncovered additional areas of noncompliance through its own audits in 2013 and 2014.
Pollutants in stormwater runoff can harm water quality and cause habitat modification, loss of aquatic biological diversity and increased erosion, according to the release. The proposed settlement is designed to ensure effective stormwater management at ABF facilities, including those carrying out vehicle maintenance and equipment cleaning. The consent decree is subject to a 30-day public comment period and approval by a federal court.
"This settlement exemplifies EPA’s commitment to working with companies like ABF," EPA Acting Assistant Administrator Larry Starfield said in the release, “who notify EPA of noncompliance and then work to improve compliance with the Clean Water Act to help ensure the protection of local water resources.”
