Multi-facility cases are those that allege violations at more than one separate, distinct facility. Factors involved in determining what constitutes a separate, distinct facility include the distinctness of ownership and/or operation, distance between sites or facilities, issuance of separate operating permits or facility identification numbers, and the level of effort required to inspect and enforce against each facility. The larger each facility involved in the case, and the more significant the violations at each facility, the more likely it is that each facility should be counted separately. Some examples include:
– A case that alleges violations at opposite ends of one very large facility does not qualify as multi-facility; the same is generally true in the case of violations at two facilities of the same company that are across the street from one another (though, in this scenario, separate addresses and processes at the two facilities would suggest that it is appropriate to treat these as separate facilities);
– A case that alleges violations at Underground Injection Control (UIC) wells on the same or on two adjoining pieces of property generally would not qualify as multi-facility; and
- A case alleging violations at multiple laboratories on one college campus is not multi-facility; if the campus is broken up into discontinuous pieces across a city or state, this probably would qualify as multi-facility.