EPA v. ADVANCED EXCAVATING & PAVING INC

Case summary

The purpose of the Spill Prevention Control and Countermeasure (SPCC) program is to prevent oil spills before they happen; thus a properly prepared and implemented SPCC plan is critical to the success of the program. This settlement will ensure that the Respondent is implementing necessary precautions to reduce the occurrence and severity of oil spills at its facility. The SPCC program is a direct implementation program. On April 3, 2017, EPA-Region 1 entered into an expedited settlement agreement with Advanced Excavating and Paving, Inc., addressing violations of the Oil Pollution Prevention regulations at 40 C.F.R. Part 112, promulgated under Section 311(j) of the Clean Water Act at its facility located at 166 Granite Street, Allenstown, New Hampshire. On October 27, 2016, EPA conducted an SPCC inspection and observed that the facility did not have a fully implemented SPCC plan. Advanced Excavating and Paving, Inc. submitted a revised SPCC plan on October 28, 2016, which identified the current site conditions. Pursuant to the agreement, Advanced Excavating and Paving, Inc. will pay a $3,700 penalty

Defendants (2)

• Advanced Excavating & Paving IncNamed in complaintNamed in settlement
• Sharib GelinasNamed in complaintNamed in settlement

Facilities (1)

• ADVANCED EXCAVATING AND PAVING

  166 GRANITE STREET, SUNCOOK, NH, 03275

  Registry ID: 110069994052

Statutes cited

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

Enforcement conclusions (1)

• ADVANCED EXCAVATING & PAVING INCentered 2017-04-03

  Primary law: CWA

  Federal penalty: $3,700

Timeline (4 milestones)

• 2017-04-03Final Order Issued
• 2017-04-03Enforcement Action Closed
• 2017-04-03Enforcement Action Data Entered
• 2017-04-03Complaint Filed/Proposed Order