9/28/06 - COMPLAINT FILED, PROPOSING A PENALTY OF $75,000. COMPLAINT ALLEGES: COUNT 1 - RESPONDENT IS IN VIOLATION OF TENN. COMP. R. REG. 1200-01-11-.11(5)(f)[40 C.F.R. SECTION 279.45], AND T.C.A SECTION 68-212-105(4), FOR NOT HAVING A SPCC PLAN. EPA CONSIDERED THE SEVERITY OF THIS VIOLATION AND CONSIDERS IT A SIGNIFICANT VIOLATION BECAUSE RESPONDENT FAILED TO PREPARE A WRITTEN SPCC TO ENSURE EFFECTIVE RESPONSES TO DISCHARGES OF OIL AND TO PREVENT THESE DISCHARGES FROM REACHING NAVIGABLE WATERS OF THE UNITED STATES OR ADJOINING SHORELINES. COUNT 2 - RESPONDENT IS IN VIOLATION OF TENN. COMP. R. REG. 1200-01-11-.11(5)(f)[40 C.F.R. SECTION 279.45], AND T.C.A SECTION 68-212-105(4), FOR NOT HAVING A SECONDARY CONTAINMENT SYSTEM FOR TANKS USED TO STORED USED OIL AT A TRANSFER FACILITY FROM OCTOBER 1, 2004, THROUGH MAY 16, 2005. EPA CONSIDERED THE SEVERITY OF THIS VIOLATION AND CONSIDERS IT A VERY SIGNIFICANT VIOLATION BECAUSE RESPONDENT'S FAILURE TO EQUIP A USED OIL STOREAGE TANK WITH A SECONDARY CONTAINMENT SYSTEM INCREASES THE LIKELIHOOD AND DEGREE OF SEVERITY OF A RELEASE AND EXPOSURE TO THE ENVIRONMENT.