8/28/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $27,000 DUE WITHIN 180 DAYS.
ALLEGATIONS:
ON OR ABOUT JULY 30, 2008, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS.
RESPONDENT FAILED TO PREPARE AN ADEQUATE SPCC PLAN. EPA FOUND THE FOLLOWING VIOLATIONS BECAUSE THE FACILITY'S PLAN DID NOT MEET THE FOLLOWING REQUIREMENTS:
A. THE PLAN NEITHER FOLLOWED THE SEQUENCE SPECIFIED IN THE SPCC REGS NOR INCLUDED A SECTION PROPERLY CROSS-REFERENCING REQUIREMENTS IN THE PLAN, AS REQUIRED BY 40 CFR 112.7.
B. THE PLAN DID NOT DISCUSS BRITTLE FRACTURE EVALUATION OF FIELD CONSTRUCTED TANKS AS REQUIRED BY 40 CFR 112.7(i).
C. THE PLAN DID NOT DISCUSS THAT SECONDARY CONTAINMENT SYSTEMS ARE SUFFICIENTLY IMPERVIOUS SO AS TO CONTAIN ANY DISCHARGED OIL, AS REQUIRED BY 40 CFR 112.8(c)(2).
D. THE PLAN DID NOT DISCUSS RECORDS OF DIKE DRAINAGE EVENTS, AS REQUIRED BY 40 CFR 112.8(c)(3)(iv).
E. THE PLAN DID NOT DISCUSS INSPECTION AND INTEGRITY TESTING PROCEDURES FOR ABOVE-GROUND TANKS, AS REQUIRED BY 40 CFR 112.8(c)(6).
F. THE PLAN DID NOT DISCUSS OVERFILL PREVENTION DEVICES FOR ABOVE-GROUND TANKS, AS REQUIRED BY 40 CFR 112.8(c)(8).
G. THE PLAN DID NOT DISCUSS OBSERVATION OF THE FACILITY'S EFFLUENT TREATMENT SYSTEM TO DETECT POSSIBLE SYSTEM UPSETS THAT COULD CAUSE A DISCHARGE, AS REQUIRED BY 40 CFR 112.8(c)(9).
H. THE PLAN DID NOT DISCUSS THE PROMPT CORRECTION OF VISIBLE DISCHARGES FROM TANKS AND ANCIL