EPA v. MIDLAND ASPHALT MATERIALS, INC. (CLEARFIELD EMULSION PLANT)

Case summary

On September 26, 2019, Region III's Regional Judicial Officer signed a Final Order ratifying a Consent Agreement between EPA and Midland Asphalt Materials, Inc., the owner and operator of an asphalt emulsion facility located at 88 Barrett Road, Woodland, PA 16881, that initiates and settles alleged violations of the CWA's SPCC requirements. EPA alleged that Midland had failed to (1) amend, within 6 months, its SPCC Plan following the installation of numerous oil storage tanks in 2016 and 2017; (2) have technical amendments of its SPCC Plan certified by a professional engineer; (3) completely describe the physical layout of the Facility and omitted certain aspects of the Facility from its Facility diagram; (4) address spill prevention requirements at the Facility's tank truck loading/unloading rack; (5) include certain requirements for bulk storage containers; and (6) include certain required information relating to portable oil storage containers. Midland agreed to pay a $48,803 penalty in the settlement. This case helps ensure compliance by Midland with spill prevention regulations and to mitigate potential discharge threats into nearby waterways and safeguard adjacent Pennsylvania communities. The Commonwealth of Pennsylvania was notified of the inspection and the alleged violations. The SPCC program is directly implemented by EPA and is not delegated to states.

Defendants (1)

• MIDLAND ASPHALT MATERIALS, INC.Named in complaintNamed in settlement

Facilities (3)

• CLEARFIELD EMULSION PLANT

  88 BARRETT ROAD, BRADFORD, TOWNSHIP OF, PA, 16881

  Registry ID: 110056965306

• CLEARFIELD EMULSION PLANT

  88 BARRETT ROAD, BRADFORD, TOWNSHIP OF, PA, 16881

  Registry ID: 110056965306

• MIDLAND ASPHALT MATERIALS

  88 BARRET ROAD, CLEARFIELD, PA, 16830

  Registry ID: 110067217041

Statutes cited

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

Enforcement conclusions (1)

• MIDLAND ASPHALT MATERIALS, INC. (CLEARFIELD EMULSION PLANT)entered 2019-09-26

  Primary law: CWA

  Federal penalty: $48,803

Timeline (4 milestones)

• 2019-09-26Final Order Issued
• 2019-09-26Complaint Filed/Proposed Order
• 2019-09-27Enforcement Action Data Entered
• 2019-11-08Enforcement Action Closed