EPA v. REF TRUCKING INC

Case summary

REF Trucking, Inc. operates a fuel oil distribution company. The company?s headquarters is located in Methuen, Massachusetts. REF Trucking, Inc. supplies diesel fuel to the City of Lowell for use in its school bus fleet. The buses are stored and refueled at a bus parking lot located at 3 Pevey Street, Lowell, Massachusetts. Settlement Agreement that commences and resolves claims against REF Trucking, Inc. for violations of the Oil Pollution Prevention regulations at 40 C.F.R. Part 112 (�SPCC� regulations), promulgated under Section 311(j) of the Clean Water Act, 33 U.S.C. � 1321. REF Trucking, Inc. operates a fuel oil distribution company. The company�s headquarters is located in Methuen, Massachusetts. REF Trucking, Inc. supplies diesel fuel to the City of Lowell for use in its school bus fleet. The buses are stored and refueled at a bus parking lot located at 3 Pevey Street, Lowell, Massachusetts. On April 11, 2017, a diesel fuel spill occurred while a REF Trucking, Inc. mobile fuel oil tanker truck was filling a school bus at the bus parking lot. Approximately 700 gallons of gasoline spilled to the ground when a coupling to the truck�s hose line ruptured and separated from the housing during the fuel transfer activity. As a result of the rupture and separation, diesel fuel spilled to the ground and flowed approximately four feet to the edge of a retaining wall and then down the wall and into the Pawtucket Canal, which is a tributary to the Merrimack River. It is estimated that approximately 680 gallons of the diesel fuel oil was recovered from the Pawtucket Canal. The ESA program is designed to resolve relatively small spills in instances where there was little environmental harm. Under the terms of the ESA, the facility must certify that it has cleaned up the spill and taken measures to prevent future spills. The facility also must pay a penalty of $1,600. The ESA penalty is consistent with the CWA 311 settlement penalty policy.

Defendants (2)

• REF Trucking, Inc.Named in complaintNamed in settlement
• John McCarthy, PresidentNamed in complaintNamed in settlement

Facilities (1)

• LOWELL SCHOOL BUS

  3 PEVEY STREET, LOWELL, MA, 01851

  Registry ID: 110045944323

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• REF TRUCKING INCentered 2017-09-06

  Primary law: CWA

  Federal penalty: $1,600

Timeline (3 milestones)

• 2017-09-06Complaint Filed/Proposed Order
• 2017-09-06Final Order Issued
• 2017-09-08Enforcement Action Data Entered