EPA v. R M PACKER COMPANY

Case summary

RM Packer, Inc. operates a petroleum storage and distribution facility located on Vineyard Haven, Massachusetts. An October 28, 2004 EPA inspection revealed that the facility did not have a compliant SPCC plan nor adequate containment for its tanks and loading rack, and was located directly adjacent to Vineyard Sound Harbor, thereby presenting a threat of spill into a navigable water. RM Packer submitted a schedule of upgrades to achieve compliance, but has consistently lagged behind its project time-line. Despite of an administrative order, as well as numerous written correspondence, and telephone calls to RM Packer representatives, the facility remains behind in upgrading noncompliant oil storage systems or alternatively removing off-site or permanently securing on-site its oil storage tanks so that no threat of future oil discharge exists. EPA has filed an administrative penalty action seeking penalties of up to the statutory maximum of $157,500 for the violation.

Defendants (1)

• R M PACKER COMPANY (SB)Named in complaint

Facilities (3)

• RM PACKER COMPANY INC

  191 C BEACH RD, VINEYARD HAVEN, MA, 02568

  Registry ID: 110003484104

• RM PACKER COMPANY INC

  191 C BEACH RD, VINEYARD HAVEN, MA, 02568

  Registry ID: 110003484104

• RM PACKER COMPANY INC

  191 C BEACH RD, VINEYARD HAVEN, MA, 02568

  Registry ID: 110003484104

Statutes cited

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

Enforcement conclusions (1)

• R M PACKER COMPANYentered 2008-01-31

  Primary law: CWA

  Federal penalty: $78,000

Timeline (3 milestones)

• 2007-06-06Enforcement Action Data Entered
• 2007-09-26Complaint Filed/Proposed Order
• 2008-01-31Final Order Issued