12/1/03 - CAFO ISSUED, ASSESSING A PENALTY OF$36,000, DUE WITHIN 30 DAYS. EPA INSPECTED THE FACILITY ON JULY 21, 1998, AUGUST 26, 1999, DECEMBER 20, 1999, TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE SPCC REGULATIONS AT 40 CFR PART 112.
40 CFR 112.3 REQUIRES OWNERS AND OPERATORS OF ONSHORE FACILITIES WHICH HAVE DISCHARGED OR COULD REASONABLY BE EXPECTED TO DISCHARGE OIL IN HARMFUL QUANTITIES INTO OR UPON NAVIGABLE WATERS TO PREPARE AN SPCC PLAN IN WRITING AND IN ACCORDANCE WITH 40 CFR 112.7. AT THE TIME OF THE INSPECTION, RESPONDENT HAD AN SPCC PLAN, BUT IT WAS INADEQUATE:
A. WAS NOT CERTIFIED BY A PROFESSIONAL ENGINEER;
B. MANY TANKS WERE NOT LISTED IN RESPONDENT'S 1985 SPCC PLAN, BUT WERE PHYSICALLY IDENTIFIED BY EPA DURING THE JULY 22, 1998, INSPECTION. AT LEAST ONE TANK AT THE FACILITY WAS NOT LISTED ON RESPONDENT'S REVISED SPCC PLAN DURING THE AUGUST 26, 1999, INSPECTION. MANY TANKS AT THE FACILITY WERE NOT LISTED ON RESPONDENT'S REVISED SPCC PLAN, OR NO LONGER EXISTED BUT REMAINED LISTED ON THE PLAN DURING THE DECEMBER 20, 1999 INSPECTION.
C. RESPONDENT'S 1985 SPCC PLAN DID NOT CONTAIN DESIGNS FOR ADEQUATE SECONDARY CONTAINMENT OF TANKS; THE PLAN ALLOWED FOR SPILLS TO FLOW OVER LAND TO LOWER GROUND ELEVATIONS.
D. RESPONDENT'S REVISED SPCC PLAN DID NOT CONTAIN WRITTEN PROCEDURES FOR INSPECTIONS AND RECORDS.
40 CFR 112.3 REQUIRED OWNERS OR OPERATORS OF ONSHORE FACILITIES WHICH HAVE DISCHARGED OR COULD REASONABLY BE EXPECTED TO DISCHARGE OIL IN