EPA v. GOGUEN TRANSPORTATION

Case summary

On August 9, 2022, the Region entered into a consent agreement and final order with Goguen Transportation, Inc. located in Gardner, Massachusetts resolving violations of Section 311(b)(3) of the Clean Water Act. On two separate occasions, fuel oil was discharged from tank trailer trucks owned and operated by the company into waters of the United Sates in violation of Section 311(b)(3). The first violation occurred on October 13, 2021, when a Goguen tank trailer truck rolled over while navigating a traffic circle in Revere, Massachusetts, an environmental justice community of concern, and released approximately 3,000 to 5,000 gallons of fuel oil into Rumney Marsh and associated tributaries. The second incident occurred on December 22, 2021, when a Goguen tank trailer truck rolled over at an intersection in Athol, Massachusetts, releasing approximately 4,500 gallons of fuel into Mill Brook and the Millers River. The company responded promptly to both spills and took over cleanup responsibilities. Respondent has agreed to a $35,354 penalty for the two violations. The Massachusetts Department of Environmental Protection was supportive of EPA?s action in this matter.

Defendants (1)

• Goguen Transportation, Inc.Named in complaintNamed in settlement

Facilities (1)

• GOGUEN TRANSPORTATION

  100 BAKER STREET, GARDNER, MA, 01440

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• GOGUEN TRANSPORTATIONentered 2022-08-12

  Primary law: CWA

  Federal penalty: $35,354

Timeline (3 milestones)

• 2022-08-12Final Order Issued
• 2022-08-12Complaint Filed/Proposed Order
• 2022-08-18Enforcement Action Data Entered