EPA v. New England Boatworks

Case summary

THE ALLEDGED VIOLATIONS ARE BASED ON OBSERVATIONS MADE BY INSPECTORS FROM EPA DURING AN UNANNOUNCED, COMPLIANCE EVALUATION INSPECTION (CEI) CONDUCTED ON AUGUST 26, 2003, AND UNANNOUNCED, MULTIMEDIA INSPECTION [RCRA COMPLIANCE SAMPLING INSPECTION (CSI) AND CWA [STORMWATER AND SPCC CEI] CONDUCTED ON DECEMBER 2, 2003. THE MOST ENVIRONMENTALLY SIGNIFICANT RCRA COUNTS ARE BASED ON NEB's COMPLETE FAILURE TO MAKE HAZARDOUS WASTE DETERMINATION. IN FACT, MOST OF THE CONTIANERS OF WASTE OBSERVED BY EPA DURING THE INSPECTIONS HAD NOT UNDERGONE ANY WASTE DETERMINATIONS. UNDER CWA, NEB FAILED TO DEVELOP AND IMPLEMENT A STORMWATER POLLUTION PREVENTION PLAN (SWPPP) THAT COMPLIED WITH THE REQUIREMENTS OF THE RHODE ISLAND GENERAL PERMIT FOR STORMWATER DISCHARGE. SPECIFICALLY, NEB FAILED TO CONDUCT REQUIRED INSPECTONS, TAKE APPROPRIATE FOLLOW-UP ACTIONS IN RESPONSE TO THOSE INSPECTIONS, AND/OR FAILED TO MAINTAIN RECORDS OF INSPECTIONS. SIGNIFICANTLY, EPA INSPECTORS FOUND EVIDENCE OF A RELEASE OF HAZARDOUS CONSTITUENTS (LEAD) TO SOILS AT THE FACILITY. THUS, NEB's FAILUE TO MANAGE ITS STORMWATER DICHARGES PROPERLY COULD HAVE POSE (AND MAY BE POSING) A POTENTIAL THREAT TO HUMAN HEALTH AND THE ENVIRONMENT. NEB HAD NO SPCC PLAN IN PLACE UNTIL JULY 27, 2005; A PERIOD OF TIME COVERING APPROXIMATELY SEVEN YEARS OF OPERATION. NEB STORES APPROXIMATELY 13,500 GALLONS OF GASOLINE AND DIESEL FUEL IN ITS ABOVE-GROUND STORAGE TANKS. FURTHER, THE NEB FACILITY IS LOCATED ON NARRAGANSETT BAY. THE POTENTIAL FOR A FUEL SPILL TO A MAJOR WATER BODY IS SIGNIFICANT, AND THERE IS A SIGNIFICANT POTENTIAL FOR ENVIRONMENTAL HARM SHOULD IT OCCUR.

Defendants (1)

• New England BoatworksNamed in complaintNamed in settlement

Facilities (1)

• NEW ENGLAND BOATWORKS EASTERN PASSAGE YACHTING CTR

  1 LAGOON ROAD, PORTSMOUTH, RI, 02871-6142

  Registry ID: 110009442503

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• New England Boatworksentered 2006-07-19

  Primary law: CWA

  Federal penalty: $52,300

Timeline (3 milestones)

• 2005-09-02Enforcement Action Data Entered
• 2005-09-27Complaint Filed/Proposed Order
• 2006-07-19Final Order Issued