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United States v. Global Partners LP

United States District Court, D. Maine

December 19, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
GLOBAL PARTNERS LP, GLOBAL COMPANIES LLC, and CHELSEA SANDWICH, LLC Defendants.

          CONSENT DECREE

          D. BROCK HORNBY, UNITED STATES DISTRICT JUDGE

         TABLE OF CONTENTS

         I. JURISDICTION AND VENUE ........................................................................................ 2

         II. APPLICABILITY .............................................................................................................. 3

         III. DEFINITIONS ................................................................................................................... 4

         IV. CIVIL PENALTY .............................................................................................................. 5

         V. COMPLIANCE REQUIREMENTS ................................................................................ 6

         VI. SUPPLEMENTAL ENVIRONMENTAL PROJECT .................................................... 8

         VII. REPORTING REQUIREMENTS ................................................................................. 16

         VIII. STIPULATED PENALTIES .......................................................................................... 18

         IX. FORCE MAJEURE ......................................................................................................... 22

         X. DISPUTE RESOLUTION ............................................................................................... 24

         XI. INFORMATION COLLECTION AND RETENTION ............................................... 26

         XII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ................................... 28

         XIII. COSTS .............................................................................................................................. 30

         XIV. NOTICES .......................................................................................................................... 30

         XV. EFFECTIVE DATE ......................................................................................................... 32

         XVI. RETENTION OF JURISDICTION ............................................................................... 32

         XVII. MODIFICATION ............................................................................................................ 33

         XVIII. TERMINATION .............................................................................................................. 33

         XIX. PUBLIC PARTICIPATION ........................................................................................... 34

         XX. SIGNATORIES/SERVICE ............................................................................................. 34

         XXI. INTEGRATION ............................................................................................................... 35

         XXII. FINAL JUDGMENT ....................................................................................................... 35

         XXIII. 26 U.S.C. SECTION 162(F)(2)(A)(II) IDENTIFICATION. . ...................................... 35

         XXIV. APPENDIX ....................................................................................................................... 36

         Plaintiff United States of America, on behalf of the United States Environmental Protection Agency (“EPA”), has filed a complaint in this action concurrently with this Consent Decree, alleging that Defendants, Global Partners LP (“Global Partners”), Global Companies LLC (“Global Companies”), and Chelsea Sandwich LLC (collectively, “Defendants”), violated Sections 502(a) and 503(c), of the Clean Air Act (the “Act”), 42 U.S.C. § 7661a(a) and 42 U.S.C. § 7661b(c), 40 C.F.R. § 70.7(b), and the Maine state implementation plan (“ME SIP”), including federally approved portions of Maine's air pollution control regulations, 06-096 Code of Maine Rules, Chapters 100-165, promulgated by the Maine Department of Environmental Protection (“ME DEP”).

         The Complaint alleges that Defendants violated the Act and the Maine SIP by failing to obtain an emission license that addresses volatile organic compounds (“VOCs”) from heated asphalt and No. 6 oil storage tanks, by exceeding total VOC emission limits under an existing state license, by failing to take appropriate VOC emission control measures, and by failing to apply for an operating permit under Title V of the Act, in connection with the Defendants' ownership and operation of a petroleum storage and distribution facility known as “Global Portland, ” located at 1 Clark Road, South Portland, Cumberland County, Maine 04106 (the “Facility”).

         Defendants do not admit any liability to the United States arising out of the transactions or occurrences alleged in the Complaint.

         The Parties recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation between and among the Parties, and that this Consent Decree is fair, reasonable, and in the public interest.

         NOW, THEREFORE, before the taking of any testimony, without the adjudication or admission of any issue of fact or law except as provided in Section I, with the consent of the Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows:

         I. JURISDICTION AND VENUE

         1. This Court has jurisdiction over the subject matter of this action, under 28 U.S.C. §§ 1331, 1345, and 1355, and Sections 113(a)(1), (a)(3), and (b) of the Act, 42 U.S.C. §§ 7413(a)(1), (a)(3) and (b), and over the Parties. Venue lies in this judicial District under Sections 113(a)(1), (a)(3), and (b) of the Act, 42 U.S.C. §§ 7413(a)(1), (a)(3) and (b), and 28 U.S.C. §§ 1391(b)-(c) and 1395(a), because all or a substantial part of the events or omissions giving rise to the claims in this Complaint occurred within this District, all or a substantial part of the property that is the subject of this action is situated in this District, the Defendants are subject to the Court's personal jurisdiction, and the civil penalties sought in this action have accrued in this District. For purposes of this Decree, or any action to enforce this Decree, Defendants consent to the Court's jurisdiction over this Decree and any such action and over Defendants, and consent to venue in this District.

         2. For purposes of this Consent Decree, Defendants agree that the Complaint states claims upon which relief may be granted under Sections 502(a), 503(c), and 113(a) of the Act, 42 U.S.C. § 7661a(a), 42 U.S.C. § 7661b(c), 42 U.S.C. § 7413(a), 40 C.F.R. § 70.7(b), and the ME SIP.

         II. APPLICABILITY

         3. The obligations of this Consent Decree apply to and are binding upon the United States, Defendants and any of their successors or assigns, and any other entities or persons otherwise bound by law.

         4. No transfer of ownership or operation of the Facility, whether in compliance with the procedures of this Paragraph or otherwise, shall relieve Defendants of their obligation to ensure that the terms of the Decree are implemented. Subject to the foregoing sentence, no later than the date of transfer of ownership or operation of the Facility, Defendants shall provide notice to the EPA in accordance with Section XIV (Notices) of the transfer and an agreement executed by the Defendants and the transferee indicating that (1) the transferee has received a copy of this Consent Decree and (2) the transferee shall comply with the Defendants' obligations of the Consent Decree. Upon written request, Defendants shall provide EPA a copy of the final written sales agreement for the Facility, which request and response shall be subject to 40 C.F.R. § 2.203 and related case law. Any attempt to transfer ownership or operation of the Facility during the term of this Consent Decree without complying with this Paragraph constitutes a violation of this Decree.

         5. Defendants shall provide a copy of this Consent Decree to all officers, employees, contractors, and agents whose duties might reasonably include overseeing compliance with any provision of this Decree. Defendants shall condition any such contract upon performance of the work in conformity with the terms of this Consent Decree.

         6. In any action to enforce this Consent Decree, Defendants shall not raise as a defense the failure by any of their officers, directors, employees, agents, or contractors to take any actions necessary to comply with the provisions of this Consent Decree.

         III. DEFINITIONS

         7. Terms used in this Consent Decree that are defined in the Act, the ME SIP, or other federal or state regulations shall have the meanings assigned to them in the Act, the ME SIP, or such regulations, unless otherwise provided in this Decree. Whenever the terms set forth below are used in this Consent Decree, the following definitions shall apply:

“Complaint” shall mean the complaint filed by the United States in this action.
“Consent Decree” or “Decree” shall mean this Decree.
“Day” shall mean a calendar day unless expressly stated to be a business day. In computing any period of time under this Consent Decree, where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next business day.
“Defendants” shall mean Global Partners LP, Global Companies LLC, and Chelsea Sandwich LLC.
“EPA” shall mean the United States Environmental Protection Agency and any of its successor departments or agencies.
“Effective Date” shall have the definition provided in Section XV (Effective Date).
“Heated Bulk Storage Tank” shall mean a bulk storage tank with a shell capacity of greater than 30, 000 gallons containing either No. 6 oil or asphalt.
“Open Federal Financial Assistance Transaction” shall mean a grant, cooperative agreement, loan, federally guaranteed loan guarantee, or other mechanism for providing federal financial assistance for which the performance period has not yet expired.
“Paragraph” shall mean a portion of this Decree identified by an arabic numeral.
“Parties” shall mean the United States and Defendants.
“Project Dollars” shall mean Defendants' expenditures, excluding administrative costs, incurred or made in carrying out the environmental project, as provided in Section VI (Supplemental Environmental Project) of this Consent Decree.
“Section” shall mean a portion of this Decree identified by a roman numeral.
“State” shall mean the State of Maine.
“United States” shall mean the United States of America, acting on behalf of EPA.

         IV. CIVIL PENALTY

         8. Within 30 Days after the Effective Date, Defendants shall pay the sum of $40, 000.00 as a civil penalty, together with interest accruing from the date on which the Consent Decree is lodged with the Court, at the rate specified in 28 U.S.C. ¶ 1961 as of the date of lodging.

         9. Defendants shall pay the civil penalty due by FedWire Electronic Funds Transfer to the U.S. Department of Justice account, in accordance with instructions provided to Defendants by the Financial Litigation Unit (“FLU”) of the United States Attorney's Office for the District of Maine after the Effective Date. The payment instructions provided by the FLU will include a Consolidated Debt Collection System (“CDCS”) number, which Defendants shall use to identify all payments required to be made under this Consent Decree. The FLU will provide the payment instructions to:

Global Partners LP
800 South Street, Suite 500
Waltham, MA 02453
Attn: Philip E. Segaloff
Tel: 781-398-4436
Email: psegaloff@globalp.com
on behalf of Defendants. Defendants may change the individual to receive payment instructions on its behalf by providing written notice of such change to the United States and EPA in accordance with Section XIV (Notices).

         At the time of payment, Defendants shall send notice that payment has been made: (i) to EPA via email at cinwdacctsreceivable@epa.gov or via regular mail at EPA Cincinnati Finance Office, 26 W. Martin Luther King Drive, Cincinnati, Ohio 45268; (ii) to the United States via email or regular mail in accordance with Section XIV (Notices); and (iii) to EPA in accordance with Section XIV (Notices). Such notice shall state that the payment is for the civil penalty owed under the Consent Decree in U ...


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