3/10/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $28,000 DUE WITHIN 30 DAYS.
ALLEGATIONS: RESPONDENT BEGAN OPERATING THE FACILITY ON JAN 12, 1982. ON MARCH 9, 2005, AN EPA ON-SCENE COORDINATOR CONDUCTED AN SPCC INSPECTION AT THE BWI FACILITY IN JACKSON, MS. THE INSPECTION WAS PROMPTED BY AN EARLIER OIL RELEASE ON FEB 26, 2005, WHICH REACHED BAKER CREEK. AT THE TIME OF THE INSPECTION, THE FACILITY DID NOT HAVE AN SPCC PLAN. RESPONDENT FAILURE TO PREPARE SUCH AN SPCC PLAN FOR THE FACILITY VIOLATED 40 CFR 112.3, WHICH WAS ISSUED PURSUANT TO SECTION 311(j) OF THE CWA.