EPA v. Ogden Aviation, Inc.

Case summary

The Respondent is the operator of an oil storage facility located at the Luis Munoz Marin International Airport, in Carolina, Puerto Rico ( the Facility ), that as referenced by 40 CFR Section 112.2, is a non-transportation-related facility according to the definition set forth in 40 CFR Part 112, Appendix A, Section II. On or about April 1, 1998, on November 14, 1998, and on June 16, 1999, Respondent submitted an FRP that failed to meet the above requirements, in violation of 40 CFR Section 112.20(h). As of the date of issuance of this Complaint, Respondent had not submitted an FRP that met the above requirements, in violation of 40 CFR Section 112(h). During inspections conducted by EPA on July 21, 1997, and August 28, 1998, and during an unannounced drill on October 24, 2000, initiated by the EPA, EPA determined that Respondent had failed to develop and implement a facility response training and drill/exercise program that satisfies the requirements of 40 CFR Part 112.21 and had failed to describe such program9s0 pursuant to the requirements of 40 CFR Section 112(h)(8), in violation of 40 CFR Section 112.21. EPA alleges in the complaint that the respondent's failure to submit an FRP that follows the format of the model facility-specific response plan included in Appendix F to 40 CFR Part 112, or, is an equivalent response plan that meets State or other Federal requirements, and includes an emergency response action plan pursuant to 40 CFR Section 112(h)(1) as well as a cross-reference section to identify the location of elements listed in 40 CFR section 112.20(h)(2-10), as required by 40 CFR Section 112.20(h), violated regulations issued under Section 311(j) of the Act. Consent Agreement and Final Order negotiated and approved and signed by RA on December 18, 2002. Respondent made the agreed payment

Defendants (2)

• Allied Aviation Services of Puerto Rico Inc.Named in complaintNamed in settlement
• Ogden Aviation, Inc.Named in complaintNamed in settlement

Facilities (1)

• OGDEN AVIATION

  LUIS MUNOZ MARIN INTERNATIONAL AIRPORT, CAROLINA, PR, 00979

  Registry ID: 110013696303

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• Ogden Aviation, Inc.entered 2002-12-18

  Primary law: CWA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2002-05-01Complaint Filed/Proposed Order
• 2002-11-04Enforcement Action Data Entered
• 2002-12-18Enforcement Action Closed
• 2002-12-18Final Order Issued