Environmental Compliance and Ethics: A Case Study at a Facility of the US Army Corps of Engineers in Oregon

Abstract

In November 1994, the US Army Corps of Engineers (USACE) conducted an environmental audit of the North Pacific Division Laboratory in Troutdale, Oregon. The North Pacific Division Laboratory performed geotechnical and chemical testing of materials for government agencies for the period 1948–1997. The audit results revealed serious deficiencies in environmental management and compliance that posed threats to human health, safety, and the environment. Specifically, the North Pacific Division Laboratory had nine “Major Findings” and one “Significant Finding.” Major Findings require action, but not necessarily immediate action, whereas Significant Findings require immediate attention. Types of deficiencies at the facility included unlabeled and improperly stored hazardous waste in storage sheds, an improperly abandoned and contaminated water supply well, illegal discharge of chemical wastewater into a local drainage ditch, and a non-permitted landfill containing buried 55-gallon drums of unknown substances. Chemicals commonly used at the North Pacific Division Laboratory included petroleum products, heavy metals, organic solvents, and chemical reagents. Following unsuccessful attempts to communicate the North Pacific Division Laboratory's noncompliance issues through normal USACE channels, one author (Jeffrey A. Hepler) exercised provisions afforded under the Whistleblower Protection Act and contacted the United States Environmental Protection Agency and the Oregon Department of Environmental Quality. This paper discusses the sequence of events that led to the eventual closure of the North Pacific Division Laboratory and provides recommendations for environmental professionals involved in environmental auditing and compliance. These recommendations include examining the efficacy of existing environmental management plans, utilizing professional and independent auditors, changing audit frequencies from five to three years, and reporting audit results directly to senior management.