Mitchell Williams Selig Gates & Woodyard PLLC

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.