EPA v. ATLANTIC UNION COLLEGE

Case summary

AS PART OF AN ONGOING EFFORT TO PREVENT ILLEGAL OIL SPILLS TO NEW ENGLAND WATERS, THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS STEPPED UP ITS ENFORCEMENT AGAINST FACILITIES WITH OIL STORAGE CAPACITY THAT FAIL TO ADEQUATELY PREPARE AND FULLY IMPLEMENT SPILL PREVENTION PLANS AS REQUIRED BY THE FEDERAL CLEAN WATER ACT, AND FAIL TO FILE HAZARDOUS CHEMICAL INVENTORY FORMS WITH THE PROPER AUTHORITIES, AS REQUIRED BY THE FEDERAL EMERGENCY PLANNING AND RIGHT-TO-KNOW ACT. EPA IS CURRENTLY SEEKING PENALTIES FOR SUCH VIOLATIONS AGAINST TWO EDUCATIONAL INSTITUTIONS: ATLANTIC UNION COLLEGE (LANCASTER, MA) AND PHILLIPS ACADEMY (ANDOVER, MA). ATLANTIC UNION COLLEGE ALSO HAD AN ILLEGAL SPILL, RESULTING IN A DISCHARGE OF OIL TO BROOK THAT MAY HAVE BEEN PREVENTABLE IF A SPILL PREVENTION CONTROL & COUNTERMEASURE (or SPCC) PLAN HAD BEEN IMPLEMENTED AT THE FACILITY. BOTH EDUCATIONAL INSTITUTIONS HAD BEEN FOUND, UPON INSPECTION BY EPA, TO NOT HAVE AN SPCC PLAN AS REQUIRED BY THE CLEAN WATER ACT'S OIL POLLUTION PREVENTION REGULATIONS, NOT TO HAVE FILED THE REQUIRED TIER II HAZARDOUS CHEMICAL INVENTORY FORMS WITH THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC), STATE EMERGENCY RESPONSE COMMISSION AND LOCAL FIRE DEPARTMENT, AS REQUIRED BY EPCRA. PHILLIPS ACADEMY HAS SINCE PREPARED AN SPCC PLAN AND FILED THE REQUISITE TIER II FORM.

Defendants (1)

• ATLANTIC UNION COLLEGENamed in complaintNamed in settlement

Facilities (1)

• ATLANTIC UNION COLLEGE

  338 MAIN ST, SOUTH LANCASTER, MA, 015610000

  Registry ID: 110045676933

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• ATLANTIC UNION COLLEGEentered 2009-07-09

  Primary law: CWA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2008-10-22Enforcement Action Data Entered
• 2009-03-03Complaint Filed/Proposed Order
• 2009-07-09Final Order Issued