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01-2016-2011Administrative - FormalFinal Order IssuedFY 2016· Region 01

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

Final Order With Penalty

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).

Defendants (1)

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

Facilities (1)

  • AUBURN CONCRETE - AUGUSTA PLANT

    2 HARD ROCK RD, AUGUSTA, ME, 04333

    Registry ID: 110064777166

Statutes cited

  • CWA 311JSPCC 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
  • 2016-04-13Enforcement Action Data Entered

Case metadata

EPA activity ID
3600693785
Case number
01-2016-2011
Lead agency
EPA
EPA region
01
Voluntary self-disclosure
No
Primary statute
SPCC and/or Federal Response Plan Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 01-2016-2011 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.