Based upon the Findings of Fact and Conclusions of Law set forth, EPA
hereby orders Respondent to comply with all requirements of this Order and the Oil
Pollution Prevention regulations at 40 C.F.R. Part 112, as they pertain to secondary
containment, promulgated under Section 311 of the federal CWA, 33 U.S.C. 1321, and
to specifically perform the following actions in order to be in compliance with the CWA:
A. Respondent shall complete all Facility upgrades and corrective actions as
described in Appendix A - Scope of Work, which is hereby incorporated into this Order.
Respondent shall submit evidence of completion of the upgrades and corrective actions
required by the Scope of Work in the form of a report (Completion Report)
documenting the same and according to the deadline set forth in the attached Scope of
Work, unless EPA grants an extension for the completion thereof.
B. By no later than September 1, 2024, Respondent must be in full compliance
with the requirements of the Oil Pollution Prevention regulations at 40 C.F.R. 112.7
and 112.8, including the requirement to restrain drainage from diked storage areas,
provide a secondary means of containment for bulk storage container installations for the
entire capacity of the largest single container and sufficient freeboard to contain
precipitation, and ensure that diked areas are sufficiently impervious to contain
discharged oil.