EPA v. MUNCE'S OIL

Case summary

06/18/2012Received Default Order from Regional Judicial Offices. Munce’s Superior, Inc. (“Munce’s Superior”) and Munce’s Superior Petroleum Products, Inc. (“Munce’s Superior Petroleum Products”) own four bulk storage facilities (“Facilities”) in Gorham, NH, with operations principally consisting of the storage, distribution, consumption and use of oil products. EPA has determined that three of the Facilities have failed to fully maintain and implement a Spill Prevention, Control, and Countermeasure (“SPCC”) plan in violation of the Oil Pollution Protection regulations promulgated at 40 C.F.R. part 112 under Section 311(j) of the CWA. Additionally, EPA has determined that the fourth Facility has failed to create an SPCC plan at all. Due to the location of the Facilities with respect to the Androscoggin River and the topography of the area, the Facilities could reasonably be expected to discharge oil into the Androscoggin River and the downstream bodies of water. In addition, Munce’s Superior has failed to respond to an EPA information request issued pursuant to Section 308 of the CWA, despite repeated attempts to get it to reply. Received Default Order from Regional Judicial Officer.

Defendants (1)

• MUNCE'S OILNamed in complaintNamed in settlement

Facilities (1)

• MUNCES SUPERIOR INC

  620 MAIN STREET, GORHAM, NH, 03581

  Registry ID: 110023045284

Statutes cited

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

Enforcement conclusions (1)

• MUNCE'S OILentered 2012-06-18

  Primary law: CWA

  Federal penalty: $46,403

Timeline (3 milestones)

• 2010-06-01Enforcement Action Data Entered
• 2010-06-21Complaint Filed/Proposed Order
• 2012-06-18Final Order Issued