With gas pumps locked and no fuel for sale on the Edgartown harbor, there is growing concern and confusion among boaters as a busy summer on the water begins to ramp up.
The reason is gas pumps that are out of compliance with rules administered by the state Department of Environmental Protection (DEP). The gas pumps are owned and operated by Ralph Packer of Vineyard Haven.
Records provided by the DEP Thursday show that Mr. Packer was cited on May 20 for violations involving the underground storage tank at the North Wharf fueling station.
The violations include lack of insurance in the event of a spill, failure to respond to tank alarms and failure to have adequate leak protection, DEP press spokesman Edmund J. Colletta Jr. told the Gazette.
“The noncompliance poses an unacceptable risk to public health, safety or the environment unless immediate action is taken,” a seven-page Delivery Prohibition Order said in part.
“The ultimate problem is that should noncompliance continue to exist it could lead to a leak or spill into the environment,” Mr. Colletta added.
The dock at the end of Morse street is owned by the town but leased by Mr. Packer, who owns the fueling equipment and the license to operate the pumps.
“We are the responsible party,” Mr. Packer confirmed this week, speaking to the Gazette by phone, although he could not say when the problems would be corrected.
“We are getting a great deal of rainwater that has gotten into the sumps and caused some problems. We’ve got a solution but they [DEP] haven’t approved it yet,” Mr. Packer said.
Edgartown harbor master Charlie Blair said Mr. Packer has been operating the fueling station for the past 19 years, and is near the end of a second 10-year lease. He and Edgartown town administrator James Hagerty both said there is some concern that if the problems are not corrected before the lease runs out, responsibility will shift to the town.
“Legal proceedings would have to occur . . . at that point it would take months and it would be the end of the summer,” Mr. Hagerty said.
Edgartown fire chief Alex Schaeffer said he is monitoring the situation but has no immediate environmental concerns.
But Mr. Blair had another view.
“With the pumps closed, people are going to start filling their boats themselves,” he said. The harbor master said people transporting fuel in containers brings the potential for fire hazard, both on board boats and in the water.
“All it would take then is a little spark,” he said, snapping his fingers.
Mr. Blair also said that large vessels will need to motor to the Oak Bluffs or Vineyard Haven harbors to refuel. And both those harbors are at capacity for most of the summer — beginning with Fourth of July weekend.
Oak Bluffs harbor master Todd Alexander said he was hopeful but unsure if his facility could handle the influx. “Time will tell,” Mr. Alexander said. “I don’t have anything to base it off.”
Meanwhile, Mr. Blair said the questions from boaters are mounting. This is the first time the harborfront fueling station has been closed during the summer in recent memory, he said.
“Every day, every hour, people are asking when the fuel is coming,” Mr. Blair said.
He concluded: “We want a safe operation here, with DEP smiling.”
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