EPA v. JOHN T CYR & SONS INC (CYR BUS LINE)

Case summary

John T. Cyr & Sons, Inc. (the company or Respondent) operates a school bus and bus charter business from several facilities in Maine, including Bangor and Old Town, Maine. The Bangor facility stores more than 16,500 gallons of oil (diesel, gasoline, #2 heating oil, motor oil, waste oil, and hydraulic oil) in aboveground and underground tanks. The Old Town facility stores more than 2,700 gallons of oil in aboveground tanks. On December 12, 2014, an authorized representative of EPA conducted an SPCC inspection at the Bangor facility and observed that the facility did not have an SPCC plan. The inspector also observed that the facility had inadequate secondary containment. On January 30, 2015, EPA sent John T. Cyr & Sons, Inc. an information request regarding its facility located in Old Town, Maine. In response, the company acknowledged that the Old Town facility did not have an SPCC plan. Although John T. Cyr & Sons, Inc. has historically stored oil in amounts above the thresholds requiring the preparation and implementation of a SPCC plan under 40 C.F.R. Part 112, it did not have an adequate SPCC plan at either facility. In the event of an oil spill at the Bangor facility there is a probability of oil discharging to the City?s stormwater collection system and to the Kenduskeag Stream. In the event of an oil spill at the Old Town facility there is a probability of oil discharging to the Penobscot River. Since EPA?s inspection, the company has submitted a revised SPCC Plan (dated December 16, 2014) and implemented various on-the-ground improvements at the Bangor facility. The company is in the process of developing an SPCC Plan for the Old Town facility. EPA has approved Respondent?s schedule for completing the SPCC Plan for the Old Town facility. The ESAs will both initiate and conclude the actions. The ESAs provide for the payment of a $4,500 penalty for the Old Town facility and $6,000 for the Bangor facility and the development and implementation of an SPCC plan at each facility.

Defendants (2)

• JOHN T CYR & SONS INCNamed in complaintNamed in settlement
• RICHARD J SOULESNamed in complaintNamed in settlement

Facilities (1)

• JOHN T CYR & SONS INC

  153 GILMAN FALLS AVE, OLD TOWN, ME, 04468

  Registry ID: 110039670111

Statutes cited

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

Enforcement conclusions (1)

• JOHN T CYR & SONS INC (CYR BUS LINE)entered 2015-08-25

  Primary law: CWA

  Federal penalty: $10,500

Timeline (3 milestones)

• 2015-08-25Final Order Issued
• 2015-08-25Complaint Filed/Proposed Order
• 2015-09-10Enforcement Action Data Entered