EPA v. BUTLER FUEL AND SONS, INC.

Case summary

ON MAY 21, 2015, EPA SENT A SHOW CAUSE LETTER TO BUTLER FUEL AND SONS, INC., REGARDING EPA'S ALLEGATION THAT BUTLER VIOLATED SECTION 311(J) OF THE CWA, AND ITS IMPLEMENTING REGULATIONS AT ITS FUEL OIL DISTRIBUTION FACILITY LOCATED AT JACKSON DITCH ROAD, HARRINGTON, DELAWARE. EPA ALLEGED THAT BUTLER FAILED TO PREPARE IN WRITING AN SPCC PLAN FOR THE FACILITY AND FAILED TO IMPLENET AN SPCC PLAN AS FOLLOWS: FAILED TO PROVIDE PERSONNEL TRAINING WITH DISCHARGE PREVENTION PROCEDURES; FAILED TO IMPLEMENT MINIMAL PREVENTATIVE MEASURES FOR THE FACILITY'S TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK; FAILED TO FOLLOW AND IMPLEMENT THE REQUIREMENTS UNDER THE REGULATIONS FOR ITS BULK STORAGE TANKS, , INCLUDING AMONG OTHERS, PROVIDING SECONDRY CONTAINMENT FOR THE LARGEST SINGLE CONTAINER, AND CONDUCT TESTS OR INSPECTIONS OF EACH ABOVE GROUND CONTAINER FOR INTEGRITY ON A REGULAR BASIS OR WHEN MAKING MATERIAL REPAIRS; AND FAILED TO COMPLY WITH THE REQUIREMENTS TO BE FOLLOWED IN THE OIL TRANSFER OPERATIONS, PUMPING, AND IN-PLANT PROCESSES OF THE FACILITY. BUTLER AGREED TO PAY $22,115 IN PENALTIES.

Defendants (1)

• BUTLER FUEL AND SONS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• BUTLER FUEL HARRINGTON

  JACKSON DITCH ROAD, HARRINGTON, DE, 19952

  Registry ID: 110054592222

Statutes cited

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

Enforcement conclusions (1)

• BUTLER FUEL AND SONS, INC.entered 2015-09-10

  Primary law: CWA

  Federal penalty: $22,115

Timeline (3 milestones)

• 2015-09-10Final Order Issued
• 2015-09-10Complaint Filed/Proposed Order
• 2015-10-07Enforcement Action Data Entered