Enforcement and Inspection, Special Topics in Environmental Management

Multiple Ski Areas Learn SPCC Compliance Lesson

Multiple Ski Areas Learn SPCC Compliance Lesson

Over the past few years, the U.S. Environmental Protection Agency (EPA) has reached settlements with a number of ski areas in New England communities throughout Maine, New Hampshire, and Vermont. According to the EPA, the settlements “were reached under an expedited settlement program whereby EPA agreed to resolve these cases for reduced penalties with companies that were able to quickly correct violations of the Oil Pollution Prevention regulations and had certain minimum storage capacity.”

The EPA noted that the facilities’ locations in remote areas “with fragile ecological characteristics” highlighted the need for the ski industry as a whole to give “careful attention to preparing oil spill prevention plans in accordance with federal clean water regulations.” According to the EPA, the following alleged violations were cited and penalties paid:


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In 2014, a Pinkham Notch, New Hampshire, ski area paid a penalty of $2,700 for several alleged violations, including having an SPCC Plan that was not fully implemented; mobile storage containers were not stored in locations to prevent oil, if spilled, from reaching surface waters; failure to include a complete list of oil tanks present at the facility in the SPCC Plan; failure to include documentation for tank and piping inspections; and failure to include employee training records.

A Waterville Valley, New Hampshire, ski area paid a $3,000 penalty in 2013 for alleged violations that included having an SPCC Plan that was not fully implemented; failure to provide appropriate secondary containment for certain stationary oil tanks; having oil transfer equipment that was in need of immediate repair; failure to maintain oil tank containment drainage records; failure to document oil tank inspection; and failure to document annual oil-handling employee training.

In 2013, a Jay, Vermont, facility paid a penalty of $6,000 for alleged failure to have a written SPCC Plan.

An East Burke, Vermont, ski area paid a penalty of $2,000 in 2013 for allegations that included failure to have an SPCC Plan that had not been reviewed by management within 5 years from its previous review; failure to maintain employee training records; and failure to provide appropriate secondary containment for certain oil tanks.


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In 2012, a Lincoln, New Hampshire, facility paid a penalty of $7,500 to settle allegations, including having an SPCC Plan that was not fully implement, not kept updated, not certified and reviewed by an engineer within 5 years of its previous review, and not signed by facility management; failure to provide  records documenting oil tank inspections or employee training; storing oil in tanks that were not designed nor constructed to be used in the manner being used; and lack of appropriate secondary containment in an oil transfer area.

A Sunday River, Maine, ski area paid a penalty of $7,500 in 2012 for allegations that the facility had an SPCC Plan that was not fully implemented or updated; failure to include a facility site diagram showing the location and contents of each oil tank and the storage area where mobile and portable tanks are located; failure to display all oil transfer areas; failure to maintain records for tank inspections or employee training records; and failure to provide appropriate secondary containment and proper lighting for certain oil tanks and a transfer area.

In 2012, a Carrabassett, Maine, facility paid a $10,000 penalty for allegations that included having an SPCC Plan that was not fully implemented, not updated, not certified and reviewed by an engineer within 5 years from its previous review, and not signed by management; failure to show the location and contents of each oil tank or storage area where mobile and portable tanks are stored in the Plan diagram; and failure to maintain employee training records.

In 2011, a Killington, Vermont, facility paid an $8,500 penalty for allegations, including having an SPCC Plan that was not fully implemented, not updated, and not reviewed by management within 5 years from its previous review; failure to maintain tank inspection records or employee training records; and failure to provide appropriate secondary containment for certain oil tanks.

 

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