MassDEP received a telephone report from an environmental cleanup contractor on behalf of the building owner that a release estimated to be 260 gal of diesel fuel had occurred 6 days earlier during the transfer of oil from a basement tank to a rooftop generator when a pump had failed to cycle off. The oil had reportedly been released to the roof top, and had subsequently flowed into the rooftop drainage system, which discharged ultimately to the municipal storm sewer system. The caller stated that his company had been asked to provide a cost estimate to clean up the release, and upon seeing the evidence of spilled oil, had reported the release to MassDEP.
MassDEP, at that time, along with the City of Boston officials, had already been actively investigating a reported release of oil from an unknown source to the municipal storm sewer system in the vicinity of this location. The joint investigation began following the reports of fuel odors in a federal office building nearby.
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MassDEP subsequently learned that the property’s lead engineer had observed an oil release, and called a pump repair contractor on that same day to make necessary repairs. MassDEP obtained a copy of a report from the cleanup contractor that the entire 275 gal of fuel within the basement tank had been discharged to the roof of the building.
That inspection report was signed by both the pump repair company’s technician and owner’s lead engineer. Ultimately, the oil in the storm drain was determined to have resulted from the fuel release at the property.
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The owner has agreed to pay $20,000 of the penalty, and MassDEP has agreed to suspend the remaining $5,000 provided there are no additional violations over the next year. In addition, the company must develop and implement an oil and hazardous material reporting plan to train its employees.
MassDEP requires a facility to report to them any spill regardless of quantity as soon as possible but no later than 2 hours after discovery. But not all states have the same reporting requirements. Be sure to check your state’s oil spill-reporting requirements, just in case.