EPA v. MMR-CAMP EDWARDS/MASSACHUSETTS NATIONAL GUARD

Case summary

On August 31, 2012, EPA issued a Consent Agreement and Final Order ( CAFO ) to address alleged violations by the Massachusetts National Guard (“MANG”) of administrative orders issued by EPA under the Safe Drinking Water Act (“SDWA”) regarding the Massachusetts Military Reservation (“MMR”). The CAFO initiated and concluded the enforcement action. The violations alleged by EPA included the following: 1) failure to remove and dispose of contaminated water that accumulated in the bullet capture systems at three firing ranges according to the approved Operation Maintenance and Monitoring Plans, and 2) failure to notify EPA of this noncompliance as required by the Administrative Order. These potential violations occurred after EPA had notified MANG of earlier instances of MANG failing to conduct the required monitoring. The CAFO includes payment by MANG of a cash penalty of $27,500, and performance of a Supplemental Environmental Project (“SEP”) valued at $103,125. The SEP consists of removal of impervious surfaces on at least 14 acres of MMR land. The SEP will increase groundwater recharge in the area and benefit threatened and endangered species and their habitat. Background: Response actions are taking place throughout MMR to address past groundwater and soil contamination. Part of MMR is being addressed under the National Priorities List pursuant to a CERCLA Federal Facility Agreement; other portions are being addressed under a series of SDWA administrative orders issued in 1997 and 2000, to protect the sole source Cape Cod Aquifer. The firing ranges at issue in the CAFO are being addressed under the SDWA orders.

Defendants (1)

• MASSACHUSETTS NATIONAL GUARDNamed in complaintNamed in settlement

Facilities (1)

• MASSACHUSETTS MILITARY RESERVATION

  TRAINING & IMPACT AREA, BOURNE, MA, 02532

  Registry ID: 110046288101

Statutes cited

• SDWA 1431-PWS — Emergency Powers/PWS

Enforcement conclusions (1)

• MMR-CAMP EDWARDS/MASSACHUSETTS NATIONAL GUARDentered 2012-08-31

  Primary law: SDWA

  Federal penalty: $27,500 · SEP: $103,125

Timeline (3 milestones)

• 2012-08-31Complaint Filed/Proposed Order
• 2012-08-31Final Order Issued
• 2012-09-06Enforcement Action Data Entered