State of Washington Fines Philip Services

The U.S. Environmental Protection Agency and Washington Department of Ecology (Ecology) levied more than $1 million in total penalties against Philip Services Corp. for repeatedly mismanaging dangerous wastes at its four Puget Sound-area facilities. The agency announced the penalty last week.

Under the name Burlington Environmental, the company operates plants in Kent, Tacoma and Seattle that store, transfer and treat hazardous wastes.

The firm also runs a laboratory in Renton, Wash., that analyze the waste being handled in its operations.

EPA determined that Philip Services failed to fulfill the conditions of its "corrective action" permit, which requires the company to undertake cleanup actions at its Seattle-Georgetown plant. The company is investigating the extent of benzene and solvent contamination resulting from past activities at the Georgetown facility.

Contamination under the community has reached an underground aquifer that drains to the Lower Duwamish waterway. EPA is overseeing the investigation and cleanup of the contaminant plume.

Philip Services' failure to comply with stipulated cleanup requirements dates back several years, and EPA's $774,000 penalty takes into account the length of time the company was out of compliance.

The Department of Ecology's actions are based on other repeated violations at the company's Kent, Renton and Tacoma facilities. Ecology found:

Incompatible wastes stored too close together, increasing the possibility of a chemical reaction.

Waste materials improperly stored in areas not allowed under the company's permit.

Waste stored longer than legally allowed.

Some employees were not properly trained to handle dangerous waste.

Emergency response plans were inadequate or not being followed.

Ecology fined the Kent facility $114,000 and the Tacoma plant $66,000 for the violations. The agency also levied $50,000 in penalties for problems at Philip's Renton laboratory.

Under EPA rules, Albright said Philip Services risks having its facilities barred from receiving wastes. The goal is to avoid creating new Superfund cleanup sites by sending dangerous wastes only to facilities that are environmentally sound.

The Washington Department of Ecology and EPA have met with company representatives to discuss the recurring compliance problems.

Under federal law, Philip Services has 30 days to file a written answer to EPA's complaint. Under state law, the company has 30 days to appeal Ecology's action to the state Pollution Control Hearings Board.