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

Case summary

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.). Based on a stormwater inspection performed at one of the company?s facilities by the ME DEP in April 2015, EPA was informed by the state agency of possible SPCC noncompliance. EPA followed-up by sending Auburn Concrete an information request on November 3, 2015, requesting information on the company?s compliance with SPCC requirements at all its facilities, to which the company provided a response on December 8, 2015. In its response, the company admitted to noncompliance at five facilities, those noted above and a fifth in Auburn. EPA subsequently received and reviewed the SPCC plans for all five facilities and found that the four noted above were still not fully compliant with the regulatory requirements. (Based on the information in the SPCC plan for the Auburn facility, it does not appear that the facility has oil storage capacity above SPCC thresholds and therefore is not regulated). Based on the information provided by Auburn Concrete, EPA has determined that the company had been, and continues to be, in noncompliance with the federal SPCC requirements at its facilities located in Augusta, Topsham, Westbrook and West Bath. The company is taking steps to comply and, in the enclosed pre-negotiation letter, EPA is requiring full compliance by June 15th of this year. Under the terms of the ESAs, the facility will pay a reduced penalty of $3,000 per facility ($12,000 total penalty).

Defendants (1)

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

Facilities (1)

• AUBURN CONCRETE - TOPSHAM PLANT

  26 MEADOW ROAD EXT, TOPSHAM, ME, 04086

  Registry ID: 110064472315

Statutes cited

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

Enforcement conclusions (1)

• R A CUMMINGS INC d/b/a AUBURN CONCRETEentered 2016-02-12

  Primary law: CWA

  Federal penalty: $3,000

Timeline (3 milestones)

• 2016-02-12Complaint Filed/Proposed Order
• 2016-02-12Final Order Issued
• 2016-04-13Enforcement Action Data Entered