MEDEP AND EPA ENFORCEMENT ACTIONS IN 2012

Knowing the type of enforcement actions initiated by the Maine Department of Environmental Protection and the US Environmental Protection Agency can help you better understand what pitfalls to avoid. As a service to St.Germain Collins’ clients and friends, we have disclosed some MEDEP and EPA enforcement activities during 2012 and the resulting penalties. 

We are also looking out for our clients by providing our online Environmental Sentry management service. Check it out on our website to see how it can help you avoid being on this list in the future. To schedule a demonstration or request more information, contact Patrick Coughlin at patrickc@stgermaincollins.com or 591 7000, ext. 12. 

LAND 

Real Estate Developer, Lowell, Maine 
Violation: Four lakeshore developments were constructed without obtaining Site Location of Development, Natural Resource Protection Act (i.e., wetland alterations), and Storm Water Management permits. 
Penalty: $75,000 fine of which $60,000 is directed to a Supplemental Environmental Project to permanently protect land on the lake. 

HAZARDOUS WASTE

Waste Oil Recycling Company, Vassalboro, Maine 
Violation: Operated a hazardous waste transfer facility without a license, released 1,500 gallons of hazardous matter without reporting, and violated hazardous waste manifest rules. 
Penalty: $54,090 fine. Company will no longer operate waste oil storage facility. 

Drycleaner, Kittery, Maine 
Violation: Failed to properly operate perchloroethylene (PERC) vapor loss system, did not label hazardous waste containers, failed to conduct daily inspections, and treated hazardous waste without a license. 
Penalty: $22,210. Company subsequently removed dry cleaning equipment and replaced it with system that does not use PERC. 

OIL STORAGE AND MANAGEMENT

Carnival Operator, Yarmouth, Oxford, Brunswick, Maine 
Violation: Discharged oil to the ground at multiple locations, released 20 gallons of diesel fuel onto a parking lot, and failed to report or clean up the oil spills. 
Penalty: $25,000 fine.

Auto Parts Company, Freeport, Maine 
Violation: Discharged oil to the ground and failed to remove it, stored hazardous waste gasoline without proper labeling or containers, failed to conduct daily inspections, and stored hazardous waste gasoline on the ground without appropriate containment. 
Penalty: $17,760 fine.

AIR

Paper Mill, Baileyville, Maine
Violation: Exceeded total reduced sulfur emissions, failed to meet various air emission operational requirements, and exceeded license limits for sulfur dioxide, nitrogen oxide, and carbon monoxide. 
Penalty: $11,850 fine.

Oil Terminal, South Portland, Maine
Violation: Violated a provision of its air emission license by exceeding the facility’s license limit for VOC emissions. 
Penalty: $4,425 fine. 

Paper Mill, Old Town, Maine 
Violation: exceeding the facility’s license limit for opacity and carbon monoxide on numerous occasions. 
Penalty: $250,000 fine. $200,000 will be offset by a Supplemental Environmental Project in the form of conducting an evaluation of the operational and environmental performance of an industrial biomass boiler using engineered composite pellets.

EPA ENFORCEMENT IN MAINE 

Bulk Chemical Supplier, South Portland, Maine
Violation: Failed to complete Tier II reporting, did not conduct hazardous waste determinations, and stored incompatible chemicals in close proximity. 
Penalty: $68,100 fine. It will also donate emergency response equipment for use by local emergency response teams and will invite those teams to the facility to participate in a training exercise, at a total cost of $32,975.

Ski Resort, Western Maine
Violation: Oil SPCC Plan did not meet EPA standards by failing to include all stored oil on-site, oil containers lacking secondary containment, facility map did not show all oil storage, and required inspections were not completed. 
Penalty: $7,500 fine and Oil SPCC Plan revisions. 

OTHER EPA ACTIONS IN MAINE

New Maine Superfund Site 
EPA finalized the addition of the Leeds Metal Site, in Leeds, Maine to the Superfund National Priorities List (NPL). Operations at the Leeds Metal site date back to the mid-to late 1800s, however little is known about specific site activities prior to 1969. Between 1969-1984 scrap metal recovery processes took place, performed by a series of site operators. Junk automobiles were shredded onsite, where non-recyclable material, known as auto fluff, was stockpiled. 

Gasoline and other fluids from junk cars were dumped directly onto the ground, and as many as 100 drums were staged along the tree line in the southern part of the site. The Leeds Fire Department has responded to numerous fires at the site. The site is currently inactive and unoccupied, and appears to have remained abandoned since operations ceased in 1984. 

For all NPL sites, EPA works to identify companies or people responsible for the contamination and to require them to conduct or pay for the investigation and cleanup. For newly listed sites without viable potentially responsible parties, EPA will investigate the full extent of the contamination before starting significant cleanup at the site.