DOI, courtesy of taxpayers, will pay a civil penalty of $234,844, with immunity from further actions.
The U.S. Environmental Protection Agency (EPA) today announced what it calls a “comprehensive settlement” with the Department of Interior (DOI) to address “alleged violations of waste, water, air, toxics and community right-to-know laws at schools and public water systems” in Indian Country owned, operated, or the legal responsibility of DOI’s Indian Affairs Office, which has a $2.7 billion taxpayer funded budget.
The settlement, which basically grants DOI immunity from further prosecution for its illegal actions, is the latest example of the federal bureaucracy protecting itself from itself. If a private corporation were involved in this matter huge punitive fines would have been levied and the prosecution of executives would have been a distinct possibility.
“The settlement anticipates compliance with the terms of the consent degree. If DOI fails to comply, EPA may take additional enforcement actions. This was a civil administrative action. No, individuals were named in the action, EPA told AutoInformed.
The Department of Interior did not immediately respond to an AutoInformed question: “What, if any, actions will be taken against the parties responsible for the illegal actions and taxpayer financed fines announced today?”
Under the settlement, the DOI’s Indian Affairs Office, comprised of the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE), will correct all of the “alleged” violations at 72 schools and 27 water systems. DOI will pay a taxpayer financed civil penalty of only $234,844, which it must spend to correct violations of the Asbestos Hazard Emergency Response Act (AHERA) at its schools.
DOI will also implement an environmental compliance auditing program and an environmental management system (EMS), designed to “improve environmental practices” at all of its BIE schools and BIA public water systems serving these schools.
DOI has also agreed to install a solar energy system which will serve a school located in the Grand Canyon. The solar energy project will help ensure a more reliable source of electricity for the school and local community.
EPA conducted compliance inspections and data reviews at more than 100 BIE/BIA schools and public water systems. The settlement addresses all alleged violations under the Resource Conservation and Recovery Act, the Safe Drinking Water Act, the Clean Air Act, the Clean Water Act, the Emergency Planning and Community-Right-to-Know Act, the Toxic Substances Control Act’s PCB provisions, and AHERA.
The settlement affects 60 tribes throughout the U.S. which have DOI Office of Indian Affairs schools or public water systems on or near their tribal lands.
“Children are more vulnerable to environmental exposures than adults, which is why ensuring that schools provide safe, healthy learning environments for our children, particularly in tribal communities, is a top priority for EPA,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. More information on the settlement: http://www.epa.gov/compliance/resources/cases/federal/bia-settlement.html
Here was the simple query to the Department of Interior: What if any actions will be taken against the parties responsible for the illegal actions and taxpayer financed fines?
Here is the non-response about the accountability of the parties responsible. The response from DOI ducks the issue. Apparently, non one will be held accountable because they and/or their departments consistently violated U.S. law. However, it appears that a strong enforcement plan has been put in place to ensure the violations do not happen again. Probably the bet outcome under the circumstances? And cynics might argue that it’s amazing anything was done here. – editor
“The Settlement Agreement entered into by DOI, Indian Affairs and the U.S. EPA requires the Schools and the public water systems servicing those school to come into compliance and maintain compliance. The schools and the public water systems servicing those schools must: undergo independent third party compliance audits on a scheduled basis; correct all findings; implement a compliance-focused environmental management system; and undergo an independent third party management system audit to determine conformance to standards.” – Judith Wilson, Chief, Div. of Environmental & Cultural Resources Management Indian Affairs, Judith.Wilson@bia.gov