Press Release  MassDEP Fines ZQHW Corp. and Fabian Oil, Inc. for Failure to Notify of Gasoline Release at Northampton Convenience Store

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) has issued a $15,625 fine to Fabian Oil, Inc., based in Oakland, Maine, and a $12,500 fine to ZQHW Corp. of West Springfield, for violating Massachusetts’ spill reporting regulations. The violations occurred following a gasoline spill at King Street Convenience, 60 King Street in Northampton.

On June 26, 2023, Fabian Oil, a gasoline delivery company, notified MassDEP of a release of approximately 30 gallons of gasoline at the store property. The release occurred two days prior while Fabian was delivering gasoline to underground storage tanks (USTs). Fabian's driver was immediately aware of the release and took steps to contain the gasoline. The cause of the release is unknown but is potentially related to pressure buildup or blockage of the vapor recovery for the UST system.

Gasoline was released onto the pavement in the vicinity of the UST. Initial cleanup actions were completed by Fabian, ZQHW personnel, and the Northampton Fire Department, including the deployment of absorbent materials to contain and clean up the release. However, both Fabian and ZQHW failed to notify MassDEP within two hours of a release of oil or hazardous materials exceeding 10 gallons, as required by Massachusetts regulation. Fabian subsequently arranged for the completion of the cleanup and submittal of the required paperwork. 

To resolve the violation, ZQHW will pay $9,000 of the assessed penalty, and MassDEP has agreed to suspend the remaining amount pending ZQHWs compliance with the consent order. The company must train its employees on response to, and notification of, releases of oil and hazardous materials.

Fabian has paid $8,000 of the assessed penalty, and MassDEP agreed to suspend the remaining amount pending Fabian’s compliance with the consent order. Prior to meeting with MassDEP to discuss the violation, Fabian retrained its personnel on response to releases and provided documentation of the training to MassDEP in compliance with the order. 

"Timely notification of environmental releases is more than a regulatory requirement. It’s a critical responsibility that ensures swift action to protect our communities and restore impacted properties effectively," said Michael Gorski, Director of MassDEP's Western Regional Office in Springfield. "When companies fulfill this obligation, they help safeguard public health and the environment while supporting an effective and efficient cleanup process."

MassDEP's mission is to protect and enhance the Commonwealth’s natural resources – air, water and land – to provide for the health, safety and welfare of all people, and to ensure a clean and safe environment for future generations. In carrying out this mission, MassDEP commits to address and advance environmental justice and equity for all people of the Commonwealth; to provide meaningful, inclusive opportunities for people to participate in agency decisions that affect their lives; and to ensure a diverse workforce that reflects the communities we serve.

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