The United States Environmental Protection Agency (“EPA”) and Frank W. Whitcomb Construction Corporation (“Whitcomb”) of Colchester, VT entered into a June 22nd addressing alleged violations of the Clean Water Act Oil Pollution Prevention regulations including:
- Plan not certified by a professional engineer;
- No management approval of plan;
- Plan not maintained on site or not available for review;
- No evidence of 5 year review of plan by owner/operator;
- No plan amendments if the facility has had a change in: design, construction, operation, or maintenance which affects the facility’s discharge potential;
- Plan does not follow sequence of the rule and/or cross reference not provided;
- Plan has inadequate or no facility diagram;
- Inadequate or no description of drainage controls;
- No inspection records available for review;
- Training records not maintained for 3 years;
- Dike water is not inspected prior to discharge and/or valves not open and resealed under responsible supervision;
- Causes of leaks resulting in accumulations of oil in dike areas are not promptly corrected;
- Vehicle traffic is not warned of aboveground piping or other oil transfer operations.
The Agreement assesses a civil penalty of $3,100.