EPA v. Allegany County Department of Public Works

Case summary

On November 19, 2011 the Respondent submitted to EPA Region 2 under the Audit Policy a self disclosure for Clean Water Act Section 311J Spill Prevention Control Countermeasure Plan (SPCC) violation for failure to prepare a SPCC for three district shops and failure to provide secondary containment for a 275 gallon tank and sixty one 55-gallon drums of oil; for Safe Drinking Water Act Section 1421 Underground Injection Control (UIC) failure to inventory 3 injection wells; for Resource Conservation Recovery Act Section 9003 Underground Storage Tank (UST) failure to upgrade a 1,000 gallon underground storage tank for diesel fuel. Pursuant to the Audit Policy and based on information provided, EPA has determined that the Respondent meets the conditions of the Audit Policy for 100% elimination of the total gravity-based penalties. The Respondent corrected the violations that were disclosed on the November 19, 2011 Audit Policy request.

Defendants (1)

• Allegany County Department of Public WorksNamed in settlement

Facilities (1)

• ALLEGANY COUNTY DPW

  31 SOUTH BRANCH ROAD, FRIENDSHIP, NY, 14739

  Registry ID: 110028203496

Statutes cited

• SDWA 1421 — UIC Regulations
• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• Allegany County Department of Public Worksentered 2012-02-09

  Primary law: CWA

Timeline (3 milestones)

• 2012-02-09Final Order Issued
• 2012-02-09Enforcement Action Closed
• 2012-03-20Enforcement Action Data Entered