EPA v. MSHA - ELKTON MAINTENANCE SHOP

Case summary

IN A LETTER TO EPA, DATED SEPTEMBER 23, 2009, MSHA DISCLOSED POTENTIAL VIOLATIONS OF THE RESOURCE CONSERVATION AND RECOVERY ACT AND THE CLEAN WATER ACT. EPA EVALUATED ELKTON'S DISCLOSURE, DETERMINED THAT THE FACILITY MET ALL OF THE AUDIT POLICY'S CONDITIONS AND ISSUED A NOTICE OF DETERMINATION RESOLVING THE CASE. On December 17, 2010, EPA issued a Notice of Determination (ANOD@) pursuant its policy, “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations,” 60 FR 66706 (April 11, 2000) (the AAudit Policy@) and “Self Audit/Self Disclosure Agreement between the Maryland Aviation Administration and the U.S. Environmental Protection Agency Region III” (September 15, 2008). The NOD is based on a self-disclosure provided by the Maryland Aviation Administration’s (“MSHA”) Elkton Maintenance Shop Facility, located on 2024 E. Old Philadelphia Road, Elkton, MD. In a letter to EPA, dated September 23, 2009, MSHA disclosed potential violations of the Resource Conservation and Recovery Act and the Clean Water Act. EPA evaluated Elkton’s disclosure, determined that the Facility met all of the Audit Policy’s conditions and did not experience any economic benefit, and therefore qualified for the full penalty mitigation.

Defendants (1)

• MSHA - ELKTON MAINTENANCE SHOPNamed in settlement

Facilities (1)

• MSHA - ELKTON SHOP

  2024 EAST OLD PHILADELPHIA ROAD, ELKTON, MD, 21921

  Registry ID: 110006642008

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• MSHA - ELKTON MAINTENANCE SHOPentered 2010-12-28

  Primary law: RCRA

Timeline (2 milestones)

• 2010-12-28Final Order Issued
• 2011-01-31Enforcement Action Data Entered