EPA v. MARYLAND TRANSPORTATION AUTHORITY (JFK I)

Case summary

ON AUGUST 3, 2015, EPA ISSUED A NOTICE OF DETERMINATION (NOD) TO THE MARYLAND TRANSPORTATION AUTHORITY (AUTHORITY) FOR VIOLATION OF THE CLEAN AIR ACT, THE SPILL PREVENTION AND CONTROL AND THE NATIONAL POLLUTANT DISCHARGE ELIMIINATION SYSTEM REQUIREMENTS OF THE CLEAN WATER ACT, AS WELL AS SUBTITLE C AND SUBTITLE I OF THE RESOURCE CONSERVATION AND RECOVERY ACT, AT THE AUTHORITY'S JFK 1 MAINTENANCE FACILITY (JFK 1 FACILITY). THISI NOD WAS ISSUED PURSUANT TO EPA'S INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS. OTHERWISE KNOWN AS THE AUDIT POLICY, AND PURSUANT TO AN AUGUST 2008 SELF-AUDIT/SELF DISCLOSURE AGREEMENT (AGREEMENT) BETWEEN THE AUTHORITY AND EPA. THE JFK 1 FACILITY IS LOCATED AT 2819 BELCAMP ROAD IN BEL AIR, MARYLAND. IN A LETTER TO EPA DATED SEPTEMBER 30, 2009, THE AUTHORITY DISCLOSED THE ABOVE-REFERENCED VIOLATIONS AS REQUIRED BY ITS AGREEMENT WITH EPA. BECAUSE THE AUTHORITY SATISFIED ALL OF THE CONDITIONS OF EPA'S SMALL BUSINESS COMPLIANCE POLICY AND THE AMOUNT OF ECEONOMIC BENEFIT GAINED BY THE AUTHORITY AS A RESULT OF THE VIOLATIONS WA SINSIGNIFICANT. EPA HAS WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.

Defendants (1)

• JFK 1 MAINTENANCENamed in settlement

Facilities (1)

• MDTA JOHN F. KENNEDY HIGHWAY MAINTENANCE 1 FACILITY

  2819 BELCAMP ROAD, BEL AIR, MD, 21015

  Registry ID: 110037394753

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations
• CAA 112 — Hazardous Air Pollutants
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• MARYLAND TRANSPORTATION AUTHORITY (JFK I)entered 2015-08-03

  Primary law: RCRA

Timeline (3 milestones)

• 2015-08-03Enforcement Action Closed
• 2015-08-03Final Order Issued
• 2015-10-02Enforcement Action Data Entered