EPA v. MIRABITO HOLDINGS INC d/b/a D J OIL EXPRESS

Case summary

On March 25, 2015, Region 1 entered into an expedited settlement agreement with Mirabito Holdings, Inc., d/b/a D.J. Oil Express (facility) of Lenox Dale, Massachusetts that addresses violations of the Oil Pollution Prevention regulations at 40 C.F.R. Part 112, promulgated under Section 311(j) of the Clean Water Act. During an EPA Spill Prevention Control and Countermeasure (SPCC) inspection at the facility, facility personnel were unable to produce the facility?s most recent SPCC Plan for review. In addition, the inspector observed that tank and piping inspections were not in accordance with written procedures, employee training records were not being maintained, annual spill prevention trainings/briefings were not being conducted, and tank and piping inspection records were being copied from month to month. Pursuant to the agreement, the facility will pay a $3,000 penalty. The facility will also submit an amended SPCC Plan and institute new inspection and employee training procedures.

Defendants (2)

• MIRABITO HOLDINGS d/b/a D J OIL EXPRESSNamed in complaintNamed in settlement
• JOSEPH P MIRABITONamed in complaintNamed in settlement

Facilities (1)

• MIRABITO HOLDINGS INC D/B/A D J OIL EXPRESS

  18 CRYSTAL STREET, LENOX DALE, MA, 01242

  Registry ID: 110063866115

Statutes cited

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

Enforcement conclusions (1)

• MIRABITO HOLDINGS INC d/b/a D J OIL EXPRESSentered 2015-03-16

  Primary law: CWA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2015-03-16Complaint Filed/Proposed Order
• 2015-03-16Final Order Issued
• 2015-03-25Enforcement Action Closed
• 2015-03-26Enforcement Action Data Entered