EPA v. BITUMAR USA, INC

Case summary

On June 27, 2017, EPA Region III filed a signed Consent Agreement and Final Order ( CAFO ) resolving an action against Bitumar USA, Inc. for alleged violations of Section 311(j) of the Clean Water Act, as implemented by 40 C.F.R. Part 112, in connection with its asphalt storage facility in Baltimore, Maryland. The Part 112 Oil Pollution Prevention Program is not delegated to the state of Maryland. Hilary Miller, Director, Land Management Administration, Maryland Department of the Environment ( MDE ) and Kaley Laleker, Acting Deputy Director, Land Management Administration, MDE, were notified of this action. Specifically, EPA alleged that Respondent was not adequately implementing the regulations to prevent a spill because Respondent's facility response plan and spill prevention, control and countermeasure ( SPCC ) plan were not updated to account for changes at the facility and did not contain correct and complete diagrams; the SPCC plan did not include adequate descriptions of oil storage containers and oil storage capacity, secondary containment or diversionary structures, and inspection protocols for exposed underground piping; the facility lacked adequate secondary containment for some oil containers; and Respondent did not retain records of container integrity testing and employee training. The CAFO requires Respondent to pay $69,846.00 in civil penalties to resolve the matter.

Defendants (1)

• BITUMAR USA, INCNamed in complaintNamed in settlement

Facilities (8)

• BITUMAR USA, INC

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226-1627

  Registry ID: 110009025508

• BITUMAR USA, INC

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226-1627

  Registry ID: 110009025508

• BITUMAR USA INC.

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226

  Registry ID: 110009025508

• BITUMAR USA INC.

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226

  Registry ID: 110009025508

• BITUMAR USA INC.

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226

  Registry ID: 110009025508

• BITUMAR USA INC.

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226

  Registry ID: 110009025508

• BITUMAR USA, INC

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226-1627

  Registry ID: 110009025508

• BITUMAR USA, INC

  6000 PENNINGTON AVENUE, BALTIMORE, MD, 21226-1627

  Registry ID: 110009025508

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• BITUMAR USA, INCentered 2017-06-27

  Primary law: CWA

  Federal penalty: $69,846

Timeline (4 milestones)

• 2017-06-27Enforcement Action Data Entered
• 2017-06-27Final Order Issued
• 2017-06-27Complaint Filed/Proposed Order
• 2017-07-31Enforcement Action Closed