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EPA Brings Enforcement Actions Against Five New England Marina and Boatyard Facilities

Release Date: 07/26/2006
Contact Information: Sheryl Rosner, (617) 918-1865

(Boston, Mass. - July 26, 2006) – EPA is announcing five recent enforcement actions against marina and boatyard facilities in New England for environmental violations. The actions include the filing of a recent administrative complaint against a R.I. marina and boatyard and four settlements with facilities in Rhode Island and Connecticut. The actions come after EPA New England promoted a five-year initiative that focused on assistance to the marina sector on compliance and pollution prevention techniques.

“For years EPA New England has recognized that the boatyard and marina sectors play an important role in maintaining the health of our coastal waters and beaches, so we went out and worked with many in the marina industry – teaching best management practices and proper pollution prevention techniques,” stated Robert W. Varney, EPA New England’s regional administrator. “It is now time to check in and see how this sector is doing – and when we did, we found that some facilities are still falling short, despite our targeted compliance assistance efforts, and EPA’s commitment to continue this work.”

The recent enforcement actions involve the following:

- EPA filed an Administrative Complaint seeking penalties against Conanicut Marine Services (CMS), which operates five marine-related facilities in Jamestown, R.I. CMS facilities include a marina, boat repair and maintenance yards, and a paint and glass shop. EPA based its claims on information that it found during three inspections over three years, where the Agency found that the facility: failed to make adequate hazardous waste determinations and properly maintain and operate one of its facilities in a way that minimizes the possibility of a release of hazardous wastes; failed to have an adequate hazardous waste training program; transported hazardous waste without a permit; and discharged storm water without a permit. EPA samples around the paint and glass shop also showed elevated levels of barium, chromium and cadmium as well as hazardous levels of lead. The Complaint did not specify a penalty amount, but cited EPA’s authority to penalize CMS up to the statutory maximum allowed under the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA) (up to $32,500 per day for each RCRA violation and a maximum penalty of $157,500 for the CWA violations).

    - New England Boatworks, Inc., a Portsmouth R.I. marina and boatyard has agreed to pay a $52,300 fine to settle EPA claims that it violated regulations governing the storage and handling of hazardous materials, storm water discharges and oil pollution prevention requirements. The violations were discovered during two inspections in 2003, when EPA inspectors found that the facility violated hazardous waste disposal rules when they failed to identify some containers of waste as hazardous. Further, soil samples taken by EPA at the facility revealed a release of high concentrations of lead. The case also involved Clean Water Act (CWA) violations for the facility’s failure to develop and implement a Stormwater Pollution Prevention Plan and a Spill Prevention Control and Countermeasure Plan (SPCC). The facility is located on Narragansett Bay and stores over 13,500 gallons of gasoline and diesel fuel in its above-ground tanks, triggering requirements to maintain oil spill prevention plans. The facility’s location on Narragansett Bay poses a serious threat of environmental damage to the Bay, if a spill were to occur at the facility.
      - EPA settled three penalty actions against boat builders in New England for failing to prepare and implement required oil spill prevention plans. The settlements were reached with: Promet Marine Services in Providence, R.I.; Derecktor Shipyard in Bridgewater, Conn.; and Alden Yachts in Portsmouth, R.I. Each facility agreed to pay a penalty of $3000 to resolve EPA’s action. Under the CWA, facilities storing significant amounts of oil are required to create a SPCC plan to minimize environmental risks from oil spills from onsite tanks (due to tank failures or spills during filling). Because marina, boat and ship work facilities are generally located on waterways, the risks from oil spills are particularly high.
        Since it commenced its marina initiative in 2001, EPA New England has been involved in a number of strategic assistance projects for marinas. These efforts have involved: more than 30 training and demonstration workshops; over 150 marina on-site visits; establishment of a regional marina website and guidance materials on best management practices; fact sheets covering topics such as hazardous waste and storm water management; and an Environmental Management Plan Workbook to help marinas plan and track their environmental responsibilities. Many of these activities were done in partnership with state environmental agencies and state marine trades associations. EPA plans to conduct additional compliance assistance workshops for the marina and boatyard sector this year.

        More information: EPA New England’s marina website (

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