DOJ, EPA Settle with Freight Company Over Clean Water Act Violations
The Department of Justice (DOJ) and the Environmental Protection Agency (EPA) reached a deal with a national trucking company, accused of violating the Clean Water Act (CWA).
ABF Freight System Inc., a subsidiary of Fort Smith, Arkansas-based ArcBest, resolved allegations that it violated requirements of the CWA relating to industrial stormwater at some of its 200 transportation facilities across the country. Some of the violations were self-reported through ABF’s own inspections.
Under the settlement, ABF will pay a civil penalty of $535,000, with a portion directed to the State of Maryland, the State of Nevada, and the Louisiana Department of Environmental Quality, who all joined in the settlement.
“This agreement ensures that ABF will take significant steps towards ensuring that water quality is not negatively affected by its operations,” said U.S. Attorney Clay Fowlkes of the Western District of Arkansas.
ABF will also implement a comprehensive, corporate-wide stormwater compliance program at all its transportation facilities, except those in Washington State.
In the complaint, ABF was accused of failing to comply with certain conditions of their CWA permits at various transportation facilities.
At those facilities, ABF loads and unloads goods and performs vehicle maintenance and equipment cleaning, among other activities.
In 2015, ABF voluntarily disclosed to EPA that it failed to obtain industrial stormwater permit coverage at multiple facilities and had discovered additional areas of CWA noncompliance, through its own audits.
Between 2016 and 2019, Maryland, Nevada, and the Louisiana Department of Environmental Quality conducted 15 inspections of ABF’s facilities and observed noncompliance with applicable stormwater laws.
The inspections uncovered issues at both permitted facilities and facilities that filed for No Exposure Certificates (NEC).
The issues included:
· Improper outdoor storage of chemicals, oil/grease, and vehicle fluids
· Improper storage of road salt
· Uncontained stockpiles
· Outdated stormwater pollution prevention plans (SWPPPs)
· Inadequate inspections
· Insufficient employee training
Under the proposed consent decree, ABF must implement and enhance its corporate-wide stormwater compliance program. That includes training employees, implementing standard operation procedures, memorialization of stormwater roles and responsibilities, and tracking corrective actions.
The settlement also requires ABF to conduct oversight inspections at both permitted and NEC facilities.
Stormwater runoff from industrial facilities can pick up pollutants that can cause a number of issues for water systems, including changes in water quality, increased flooding, decreased aquatic biological diversity, and increased.
DOJ says it is “critical that all facilities requiring permit coverage appropriately apply for permit coverage and adhere to applicable stormwater regulations to ensure environmental impacts are effectively minimized.”
The injunctive measures are designed to result in effective stormwater runoff management at ABF’s facilities.
The consent decree is subject to a 30-day comment period and federal court approval.