Emergency Response & Enforcement Assistance

Title:                 Service Station Gasoline Release, Enforcement Order to Out-of-State Bulk Carrier

Client:               Major Fuel Distributor

Location:          Chicopee, MA

 

 

·        Emergency response to release of gasoline

·        Enforcement resolution negotiated with MassDEP

·        Response Action Outcome and site closure with commingling from another release

 

 

A sudden release of gasoline to the surface resulted from accidental tank overfill during delivery by an out-of-state bulk fuel carrier. The surface release impacted pavement and migrated into a catch basin. A licensed spill response contractor responded to, and contained, the spill. MassDEP sent notification to the fuel carrier as the Potentially Responsible Party, but the Notice of Responsibility did not reach the appropriate party and caused a delay that exceeded regulatory filing deadlines for an RNF and IRA Plan.

 

MassDEP issued an enforcement order and penalty (ACOP) to the fuel carrier, who retained Wheatstone to address response actions in accordance with the MCP. Wheatstone’s LSP met with DEP and negotiated a minor penalty for the filing delay, and established new and acceptable timeline of regulatory deadlines. Wheatstone promptly prepared a Release Notification Form and IRA Plan.

 

A site assessment of the disposal site was conducted to evaluate the limits of release, and establish independence from a more significant historic release by another PRP, with no commingling. Wheatstone prepared and filed a Class A-2 RAO, successfully representing a Permanent Condition for site closure.