Ecology issues initial determinations of environmental violations following Nippon Dynawave tank failure

Today, the Washington Department of Ecology issued an administrative notice to Nippon Dynawave Packaging documenting environmental violations stemming from the May 26 storage tank failure at the pulp and paper mill. The tank collapse released 900,000 gallons of highly caustic white liquor that flooded the industrial site and led to the deaths of 11 employees.

Ecology is the primary environmental regulator for the Nippon Dynawave mill, overseeing the facility's air and water quality permits, and ensuring that it complies with dangerous waste laws. Ecology regulates the facility's spill prevention and stormwater pollution prevention plans, but does not regulate the structural integrity of the white liquor storage tank that failed. Separate investigations are underway by state and federal regulators regarding other aspects of the disaster.

What is a notice of violation?

A notice of violation is an initial determination that a facility has violated an environmental regulation or exceeded a permit limit. Such a notice may follow a spill, be found during an inspection, or result from a review of monitoring data or reports from the facility. The notice establishes the facts that inform a potential enforcement action, which can include a monetary penalty or a compliance order directing the facility to take corrective action. After a notice is issued, Ecology gives the facility 30 days to provide additional information or respond before any enforcement action occurs. Not every notice of violation results in a penalty or compliance order, but the violation establishes a record that informs future compliance efforts.

In the weeks since the May 26 disaster, Ecology's industrial compliance staff have conducted inspections, reviewed reports and records, and interviewed Nippon Dynawave staff to understand whether the incident violated the facility's permit requirements, or violated state or federal environmental regulations.

The notice issued to Nippon Dynawave documents the agency's initial determination identifying 35 violations. Following the notice of violation, Nippon Dynawave has 30 days to respond or provide additional information before Ecology issues a penalty or takes other enforcement action. Ecology has up to two years to issue an enforcement action.

Not every violation cited will result in an enforcement action - some of the company's efforts to manage the spill may be exempted by emergency provisions.

Under state law, Ecology has the ability to issue fines of up to $10,000 per violation per day; about a quarter of the violations cited extended for multiple days. The agency could also issue a compliance order directing the mill to take corrective actions, or cite a violation in a future enforcement.

Most of the violations cited by Ecology track the impacts of the white liquor as it spread across the industrial site after the tank's collapse. The liquid reached storm drains and the company's sanitary wastewater treatment system, with some bypassing treatment before discharging to the Columbia River. Larger volumes reached a nearby ditch before workers were able to close an outfall, leading to widespread fish die-offs and the city posting signs warning local residents to stay away. Impacts continued for up to eight days.

Other violations stem from deficiencies in plans and training required by dangerous waste regulations.

In addition to any enforcement action, Ecology will also seek to recover the state's costs incurred during the emergency response following the tank failure. The company may also be issued a Natural Resource Damage Assessment based on the impacts of the white liquor release to the environment.

"This event was devastating for the Longview community, and the release of chemicals reached nearby waterways and the Columbia River," said Casey Sixkiller, Ecology's director. "Issuing these environmental violations is an initial step toward accounting for the impacts of this tragedy."

Other investigations

The Washington State Department of Labor and Industries and the federal Chemical Safety Board are conducting independent investigations of the tank failure. The Washington Attorney General's Office was granted concurrent jurisdiction to investigate any potential criminal activity that contributed to the tank failure.

If those investigations reveal additional environmental violations, Ecology could pursue additional enforcement actions.