EPA v. MOUNT MANSFIELD COMPANY

Case summary

ON MARCH 31, 2003 PRESUMED OPERATOR ERROR CAUSED A RELEASE OF DIESEL FUEL FROM A 6,000 GALLON ABOVE GROUND STORAGE TANK. THE RELEASE WHICH RESULTED IN APPROXIMATELY 1,605 TO 1655 GALLONS OF FUEL BEING DISCHARGED INTO THE WEST BRANCH OF THE LITTLE RIVER/NOTCH BROOK, DUE TO THE TANK HAVING INSUFFICIENT SECONDARY CONTAINMENT. EPA AND THE STATE OF VERMONT WERE NOTIFIED OF THE RELEASE ON APRIL 1, 2003, AND EPA's EMERGENCY RESPONSE OFFICE TRAVELED TO THE SPILL SITE AND ASSESSED RESPONDENT's CLEANUP OF CONTAMINATED SOILS AND SURFACE WATERS. THE STATE OF VERMONT TOOK THE LEAD IN RESPONDING TO THE RELEASE AND OVERSAW THE CLEANUP EFFORTS. THE STATE ALSO PURSUED A JUDICIAL ACTION AGAINST RESPONDENT AS A RESULT OF THE RELEASE AND OTHER STATE ENVIRONMENTAL VIOLATIONS AT THE FACILTY. RESPONDENT INFORMED EPA, AMONG OTHER THINGS, THAT RESPONDENT FAILED TO PREPARE AND FULLY IMPLEMENT AN SPCC PLAN FOR THE FACILITY UNTIL JULY 2001, IN VIOLATION OF THE REGULATION'S REQUIREMENTS THAT THE FACILITY HAVE AN SPCC PLAN SINCE THE INITIAL IMPLEMENTATION OF THE SPCC REQUIREMENTS UNDER CWA. ALTHOUGH AT THE TIME OF THE MARCH 31, 2003 FUEL RELEASE, RESPONDENT DID HAVE AN SPCC PLAN, THE PLAN WAS INADEQUATE. THE PLAN FAILED TO ADDRESS THE FACILITY'S INSUFFICIENT SECONDARY CONTAINMENT FOR THE 6,000 GALLON TANK, WHICH WAS REQUIRED TO CONTAIN THE RELEASED FUEL AND PREVENT THE FUEL DISCHARGE INTO THE WEST BRANCH OF THE LITTLE RIVER/NOTCH BROOK. FINALLY, RESPONDENT FAILED TO MEET SPCC REQUIREMENTS FOR SUBMITTING TO THE REGIONAL ADMINISTRATOR AN AMENDMENT TO RESPONDENT's SPCC PLAN WITHIN SIXTY DAYS AFTER THE MARCH 31, 2003 FUEL RELEASE. EPA AND RESPONDENT PRENEGOTIATED A SETTLEMENT WHEREBY THE PARTIES HAVE AGREED TO SETTLE THIS MATTER THROUGH A CONSENT AGREEMENT AND FINAL ORDER, WITHOUT THE FILING OF AN ADMINISTRATIVE COMPLAINT FIRST.

Defendants (1)

• MOUNT MANSFIELD COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MOUNT MANSFIELD COMPANY

  5781 MOUNTAIN ROAD, STOWE, VT, 05672

  Registry ID: 110001915839

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• MOUNT MANSFIELD COMPANYentered 2005-08-09

  Primary law: CWA

  Federal penalty: $50,000

Timeline (4 milestones)

• 2004-10-20Enforcement Action Data Entered
• 2005-08-09Complaint Filed/Proposed Order
• 2005-08-09Final Order Issued
• 2005-08-12Enforcement Action Closed