EPA v. EPISOCAL MINISTRIES TO THE AGING/Fogle Oil Company

Case summary

THE AOC HAS BEEN NEGOTIATED WITH THE EPISCOPAL MINISTRIES FOR THE AGING, INC ( RESPONDENT ) FOR THE PURPOSE OF PROVIDING FOR ACCESS BY EPA AND ITS REPRESENTATIVES TO THE 300-ACRE PROPERTY OWNED BY RESPONDENT AND LOCATED AND ABOUT OBRECHT ROAD IN SYKESVILLE, CARROLL COUNTY, MARYLAND (THE SYKESVILLE OIL SITE OR SITE ). SPECIFICALLY, THE ORDER PROVIDES THAT EPA AND ITS EMPLOYEES, AGENTS, CONSULTANS, CONTRACTORS, AN OTHER AUTHORIZED AND/OR DESIGNATED REPRESENTATIVES, SHALL HAVE TO ACCESS THE SYKESVILLE OIL SITE IN ORDER TO ABATE, MITIGATE AND/OR ELIMINATE ANY THREAT TO PUBLIC HEALTH AND WELFARE AND THE ENVIRONMENT POSED BY A DISCHARGE AND/OR THREAT OF DISCHARGE OF OIL AT OR FROM THE SITE BY CONTAINING AND PREVENTING THE MIGRATION OF OIL FROM THE SITE TO ADJOINING SHORELINES AND NAVIGABLE WATERS, ASSESSING THE EXTENT OF THE OIL CONTAMINATION AT AND FROM THE SITE, RECOVERING OIL FROM THE SITE AND PROPERLY DISPOSING AND/OR ARRANGING FOR THE REUSE OR RECYCLING OF THE RECOVERED OIL OR OIL-CONTAMINATED MATERIALS. THE SITE INCLUDES A WOODED AREA AT THE BOTTOM OF A STEEP SLOPE. AN UNNAMED CREEK FEEDING PINEY RUN RUNS THROUGH THIS WOODED AREA. PINEY RUN IS A TRIBUTARY TO THE PATAPSCO RIVER. IN JANUARY, 2004, MARYLAND DEPARTMENT OF THE ENVIRONMENT ( MDE ) DISCOVERED # 2 DIESEL FUEL SURFACING FROM AN UNDERGROUND-FED SPRING AND DISCHARGING INTO THE UNNAMED CREEK. BEGINNING IN EARLY MARCH 2004, MDE PERSONNEL ENLISTED THE SERVICES OF AN ENVIRONMENTAL CLEANUP CONTRACTOR TO MITIGATE THE RELEASE BY PLACEMENT OF SORBENT PADS AND BOOMS AT THE SEEP LOCATION AND IN THE UNNAMED CREEK. ON MARCH 30, 2004, MDE REQUESTED ASSISTANCE FROM EPA REGION III'S REMOVAL RESPONSE SECTION. THE EPA ON-SCENE COORDINATOR ( OSC ) ASSIGNED TO THE SITE ISSUED A POLLUTION REMOVAL FUNDING AUTHORIZATION ( PRFA ) TO THE U.S. ARMY CORPS OF ENGINEERS (USACE), BALTIMORE DISTRICT, ON APRIL 8, 2004. THE USACE AND ITS CONTRACTOR INITIATED SEEP-MITIGATION ACTIVITIES (PLACEMENT OF SORBENTS SIMILAR TO MDE'S RESPONSE ACTIVITIES) ON SITE BASE ON A VERBAL ACCESS AGREEMENT FROM THE RESPONDNET. ON-SITE RESPONSE ACTIONS HAVE CONTINUED PENDING EXECUTION OF THIS CONSENT ORDER. ACTIONS TO TAKE PLACE PURSUANT TO THE AOC INCLUDE, BUT ARE NOT LIMITED TO: CREATING PATHWAYS THROUGH THE FACILITY BY CUTTING OF VEGETATIVE MATTER AS NECESSARY; DRILLING HOLES, DIGGING TRENCHES AND INSTALLING MONITORING WELLS FOR SUBSURFACE INVESTIGATION ALONG WITH OTHER ACTIONS RELATED TO THE INVESTIGATION OF SURFACE OR SUBSURFACE CONTAMINATION; TAKING SUCH SOIL, WATER, AND AIR SAMPLES AS MAY BE DETERMINED TO BE NECESSARY; PLACING SURFADCE CONEXT BOXES FOR STORAGE OF MATERIALS AND EQUIPMENT; TEMPORARY STORAGE OF EQUIPMENT, MATERIALS, CONTAINERS, SUPPLIES, TRAILERS, VEHICLES, ETC.; EXCAVATION OF TEMPORARY TRENCHES AND CONSTRUCTION OF TEMPORARY HYDRAULIC BARRIERS TO PREVENT MIGRATING FUEL OIL FROM REACHING SURFACE WATERS; OPERATION AND MAINTENANCE OF A TREATMENT SYSTEM, INCLUDING, INTER ALIA, MONITORIGN WELLS, RECOVERY WELLS AND TREATMENT SYSTEM PIPING, AT THE SITE; TAKING POST-CLEANUP VERIFICATION SOIL AND WATER SAMPLES; AND TRANSPORTING AND DISPOSING OF ALL WASTES AT AN APPROPRIATE OFF-SITE FACILITY. BY LETTER DATED JUNE 24, 2004, EPA ISSUEED A RESPONDENT A LEGAL NOTICE OF SUSPECTED DISCHARGER LETTER. ON JULY 21, 2004, YOU DETERMINED THAT THE CONTINUED RELEASE AND THREATENED RELEASE OF OIL FROM THE FACILITY CONSTITUTES AN IMMINENT AND SUBSTANTIAL THREAT TO THE PUBLIC HEALTH OR WELFARE OF THE UNITED STATES. THE OFFIC EOF REGIONAL COUNSEL HAS DETERMINED THAT ISSUANCE OF THE AOC IS AUTHORIZED PURSUANT TO SECTION 308(A) AND 311(C), (E) AND (M) OF THE CLEAN WATER ACT, AS AMENDED, ( CWA ), 33 U.S.C. SECTION 1318(A) AND 1321(C), (E) AND (M), AND THE AUTHORITY VESTED IN THE ADMINISTRATOR OF EPA BY EXECUTIVE ORDER 12777 (58 FED. REG. 54757 (OCTOBER 22, 1991)), BECAUSE ACCESS TO THE FACILITY, AND THE RESPONSE ACTION TO BE PERFORMED BY EPA, ARE NECESSARY TO PROTECT THE PUBLIC HEALTH AND WELFAR

Defendants (1)

• SYKESVILLE OIL SITENamed in complaintNamed in settlement

Facilities (1)

• SYKESVILLE OIL SITE

  580 OBRECKT ROAD, SYKESVILLE, MD, 21784

  Registry ID: 110018922610

Statutes cited

• CWA 311F — Oil Removal Cost Recovery
• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• SYKESVILLE OIL SITEentered 2004-09-23

  Primary law: CWA

Timeline (3 milestones)

• 2004-09-23Complaint Filed/Proposed Order
• 2004-09-23Final Order Issued
• 2004-09-23Enforcement Action Data Entered