EPA v. CUMBERLAND FARMS INC

Case summary

STAGE 1 AND STAGE II VIOLATIONS --FILL VIOLATIONS ******** THE AIR ENFORCEMENT OFFICE REVIEWED TESTING RECORDS AND CONDUCTED INSPECTIONS AT 81 CUMBERLAND FARMS GAS STATIONS BETWEEN 1995 AND 2000. THESE GAS STATIONS ARE SPREAD OUT IN THREE STATES: MASSACHUSETTS(68), CONNECTICUT(8), AND RHODE ISLAND(5). THIS INVESTIGATION REVEALED THAT THE COMPANY FAILED TO COMPLY WITH SEVERAL SIP REGULATIONS. EVEN WITH A NOTICE OF VIOLATION IN 1998, THE COMPANY CONTINUED TO HAVE SIGNIFICANT VIOLATIONS. IN ADDITION TO THE 10 TONS OF EXCESS EMISSIONS OF GASOLINE THAT OCCURRED DUE TO THE VIOLATIONS, CUMBERLAND FAILED TO PERFORM EQUIPMENT CERTIFICATION TESTING, AND FAILED TO TRAIN WORKERS, AMONG OTHER VIOLATIONS. ALTHOUGH THE ENFORCEMENT ACTION WAS AN ADMINISTRATIVE PENALTY COMPLAINT, THE DETERMINATION OF THE PENALTY AMOUNT WAS COMPLEX AND LABORIOUS GIVEN THE NUMBER OF FACILITIES INVOLVED AND THE VARYING DEGREES OF VIOLATIONS. WE HAD TO EVALUATE EACH FACILITY SEPARATELY AGAINST ALL OF THE APPLICABLE CAA STANDARDS FOR THIS TYPE OF OPERATION. THOUGH THEY HAD SIMILAR VIOLATIONS, IT WAS NOT POSSIBLE TO AGGREGATE ANY OF THE GAS STATIONS FOR ASSESSMENT OR EVALUATE THEM IN ANY COLLECTIVE MANNER.NO GAS STATION WAS ALIKE.

Defendants (1)

• CUMBERLAND FARMS INCNamed in complaintNamed in settlement

Facilities (1)

• CUMBERLAND FARMS INCORPORATED

  777 DEDHAM ST., CANTON, MA, 020219118

  Registry ID: 110000310495

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• CUMBERLAND FARMS INCentered 2002-06-20

  Primary law: CAA

  Federal penalty: $90,000 · SEP: $2,023,370

Timeline (4 milestones)

• 2001-09-28Complaint Filed/Proposed Order
• 2001-10-01Enforcement Action Data Entered
• 2002-06-20Final Order Issued
• 2004-05-24Enforcement Action Closed