EPA v. R A CUMMINGS INC d/b/a AUBURN CONCRETE

Case summary

On March 24, 2016, Region 1 entered into expedited settlement agreements with R.A. Cummings, Inc., d/b/a Auburn Concrete, Auburn, Maine, addressing violations of the Oil Pollution Prevention regulations at 40 C.F.R. Part 112 (commonly known as the Spill Prevention Control and Countermeasure or SPCC regulations) at its facilities in Augusta, Westbrook, West Bath, and Topsham, Maine. Based on information supplied by the Maine Department of Environmental Protection, EPA sent the company a formal request for information on its compliance with SPCC requirements at all of its facilities. The company provided a response to the information request indicating that it did not have SPCC plans for the Augusta, Westbrook, West Bath, and Topsham facilities. Pursuant to the agreements, the company will pay a $3,000 penalty and submit final SPCC plans for each facility ($12,000 total penalty). R.A. Cummings, Inc., d/b/a Auburn Concrete (the company ) owns five facilities in Maine that provide ready-mix concrete products and four of which have oil storage capacity in excess of the Oil Pollution Prevention regulations threshold (1,320 gal. of aboveground storage). Based on information provided by the company, the amount of aboveground storage capacity for the Auburn Concrete facilities is as follows: Westbrook (3,330 gal.); West Bath (3,000 gal.); Augusta (10,165 gal.); and Topsham (8,330 gal.).

Defendants (1)

• R A CUMMINGS INC (SB)Named in complaintNamed in settlement

Facilities (1)

• AUBURN CONCRETE - WESTBROOK BATCH PLANT

  93 SCOTT DR, WESTBROOK, ME, 04092

  Registry ID: 110039676222

Statutes cited

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

Enforcement conclusions (1)

• R A CUMMINGS INC d/b/a AUBURN CONCRETEentered 2016-03-24

  Primary law: CWA

  Federal penalty: $3,000

Timeline (3 milestones)

• 2016-02-12Complaint Filed/Proposed Order
• 2016-03-24Final Order Issued
• 2016-03-31Enforcement Action Data Entered