EPA v. FOGLE'S SEPTIC CLEAN INC

Case summary

ON APRIL 27, 2005, EPA REGION III ISSUED AND ADMINISTRATIVE ORDER ON CONSENT ( AOC ) TO FOGLE'S SEPTIC CLEAN, INC. ( RESPONDENT ), TO ESTABLISH THE BASIS AND PARAMETERS FOR A PRP-LEAD CLEANUP OF THE ONGOING OIL SPILL OCCURRING ON A 300-ACRE PROPERTY OWNED BY EPISCOPAL MINITIRES TO THE AGING, INC. ( EMA ) AND CAUSED BY ACTIVITIES AND CONTAMINATION ORIGINATING ON RESPONDENT'S PROOPERTY AT 480 OBRECHT ROACD IN SYKESVILLE, CARROLL COUNTY, MARYLAND, (THE SYKESVILLE OIL SITE ) OR SITE ). SPECIFICALLY, THE ORDER PROVIDES THAT RESPONDENT WILL DEVELOP AND CARRY OUT A RESPONSE ACTION PLAN ( RAP ) TO BE REVIEWED AND APPROVED BY EPA. THE RAP WILL ADDRESS: SITE SECURITY; FIRE PROTECTION; AN EXTENT-TO-CONTAMINATION STUDY WHICH WILL CHARACTERIZE THE NATURE, CONCENTRATION, EXTENT AND DEPTH OF OIL CONTAMINATION AT THE SITE; A WORK PLAN/REMEDY FOR REMOVAL/MITIGATION OF CONTAMINATED SOILS WITH A TOTAL PETROLEUM HYDROCARBONS ( TPH ) CONCENTRATION GREATER THAN 5 PARTS PER MILLION ( PPM ); POST-EXCAVATION AND/OR TREATMENT SAMPLING TO ENSURE THAT SOIL TPH LEVELS AT THE SITE ARE BELOW 5 PPM AFTER COMPLETION OF WORK; TRANSPORTATION OF ALL CONTAMINATED SOILS AND OTHER MATERIALS DESIGNATED FOR OFF-SITE DISPOSAL TO AN EPA-APPROVED DISPOSAL FACILITY; RESTORATION OF THE EXCAVATED AREA TO ORIGINAL CONDITIONS BY PERFORMING SITE RESTORATION AND REVEGETATION; TREATMENT AND/OR REMOVAL AND PROPER DISPOSAL OFFSITE OF CONTAMINATED WATER GENERATED AS A RESULT OF THE ABOVE ITEMS (E.G. EQUIPMENT AND SAMPLING-RELATED FLUIDS) IN ACCORDANCE WITH PROMULGATED REQUIREMENTS AND STANDARDS; AND PROVISION OF SITE SPECIFIC HEALTH AND SAFETY MEASURES, INCLUDING PREPARATION AND IMPLEMENTATION OF A HEALTH AND SAFETY PLAN.

Defendants (1)

• FOGLE'S SEPTIC CLEAN INCNamed in complaintNamed in settlement

Facilities (1)

• SYKESVILLE OIL SITE

  580 OBRECKT ROAD, SYKESVILLE, MD, 21784

  Registry ID: 110018922610

Statutes cited

• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• FOGLE'S SEPTIC CLEAN INCentered 2005-04-27

  Primary law: CWA

Timeline (2 milestones)

• 2005-04-27Final Order Issued
• 2005-05-12Enforcement Action Data Entered