9/18/2019 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $67,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
OIL SPILL ALLEGATIONS:
ON APRIL 22, 2016, RESPONDENT DISCHARGED APPROXIMATELY 107 BARRELS OF JET A FUEL, FROM ITS FACILITY 1 INTO OR UPON THE FLINT RIVER AND/OR ITS ADJOINING SHORELINES.
RESPONDENT'S DISCHARGE OF JET A FUEL CAUSED A SHEEN AND DISCOLORATION OF THE SURFACE OF THE FLINT RIVER AND ITS ADJOINING SHORELINES AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, IN VIOLATION OF SECTION 311(b)(3)OF THE CWA. ACCORDINGLY, RESPONDENT VIOLATED SECTION 311(b)(3) OF THE CWA.
SPCC ALLEGATIONS:
ON APRIL 23, 2016, THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY 2 TO ASSESS COMPLIANCE WITH SPCC REGULATIONS.
AT THE TIME OF THE APRIL 23, 2016 INSPECTION, RESPONDENT HAD FAILED TO ADEQUATELY PREPARE AND IMPLEMENT AN SPCC PLAN ( PLAN ) IN ACCORDANCE WITH 40 CFR SECTION 112.7 AND 112.8, AND ANY OTHER APPLICABLE SECTION OF 40 CFR PART 112. SPECIFICALLY, THE PLAN VIOLATED THE FOLLOWING REQUIREMENTS OF THE SPCC REGULATIONS:
A. THE PLAN DID NOT ADEQUATELY DISCUSS THE FACILITY'S METHOD, DESIGN, AND CAPACITY FOR SECONDARY CONTAINMENT TO ADDRESS THE TYPICAL FAILURE MODE, AND THE MOST LIKELY QUANTITY OF OIL THAT WOULD BE DISCHARGED FROM THE MOBILE REFUELERS OR FROM THE TANKER TRUCK AND MOBILE REFUELERS IN THE LOADING AND UNLOADING AREAS AS REQUIRED BY 40 CFR SECTION