9/18/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,750, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT FEBRUARY 26, 2009, AN INSPECTION WAS CONDUCTED BY EPA AT THE RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGULATIONS. RESPONDENT FAILED TO PREPARE AN ADEQUATE WRITTEN SPCC PLAN IN ACCORDANCE WITH 40 CFR 112.7, 112.8, AND ANY OTHER APPLICABLE SECTIONS OF 40 CFR PART 112, AS REQUIRED BY 40 CFR 112.3(a). SPECIFICALLY, THE PLAN VIOLATED THE FOLLOWING REQUIREMENTS OF THE SPCC REGS:
- THE PLANN FAILED TO INCLUDE A DESCRIPTION OF THE FACILITY'S OBLIGATIONS UNDER 40 CFR 112.8(c)(10) TO PROMPTLY CORRECT VISIBLE DISCHARGES FROM TANKS, SEAMS, GASKETS, VALVES, PIPING, ETC., AND TO HAVE ACCUMULATIONS OF OIL IN DIKED AREAS PROMPTLY REMOVED.
RESPONDENT FAILED TO IMPLEMENT THE FACILITY'S PLAN IN ACCORDANCE WITH 40 CFR 112.7, 112.8, AND ANY OTHER APPLICABLE SECTIONS OF 40 CFR PART 112, AS REQUIRED BY 40 CFR 112.3(a). SPECIFICALLY, THE EPA FOUND THE RESPONDENT VIOLATED THE SPCC REGS BY FAILING TO IMPLEMENT THE FOLLOWING REQUIREMENTS:
A. RESPONDENT FAILED TO PROVIDE LIGHTING AT THE FACILITY AT THE FACILITY ADEQUATE TO ASSIST IN A DISCOVERY OF DISCHARGES AND/OR PRECENT VANDALISM DURING NIGHT HOURS, AS REQUIRED BY 40 CFR 112.7(g)(5).
B. RESPONDENT FAILED TO PROVIDE EVIDENCE OF PHYSICAL BARRIERS, WARNING SIGNS, WHEEL CHOCKS, OR BRAKE INTERLOCK SYSTEMS IN LOADING/UNLOADING AREAS ADEQUATE TO PREVENT VEHICLES FROM DEPARTING BEFORE THE COMPLETE DI