# MCPHERSON OIL D/B/A MCCLEAN FUELS
> **Administrative - Formal** · FY2006 · — · Final Order With Penalty
## Case
- **Activity ID:** `600010464`
- **Case Number:** 04-2006-4022
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- MCCLEAN FUELS, INC. (complaint) (settlement)
- MCPHERSON OIL COMPANY, INC. (complaint) (settlement)
## Summary

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.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*