EPA v. MCINTOSH COUNTY BOARD OF COMMISSIONERS

Case summary

1/12/06 - CAFO ISSUED, ASSESSING A PENALTY OF $5000, DUE IN TWO INSTALLMENTS OF $2,500. THE FIRST PAYMENT SHALL BE PAYABLE WITHIN 30 CALENDAR DAYS. THE SECOND PAYMENT SHALL BE PAYABLE ON NOVEMBER 30, 2006. ALLEGATIONS: ON JULY 27, 2004, A DULY DESIGNATED REPRESENTATIVE OF EPA CONDUCTED A COMPLIANCE INSPECTION OF RESPONDENT'S UST LOCATED AT THE MCINTOSH COUNTY LAW ENFORCEMENT CENTER. PURSUANT TO 40 CFR 280.22, AND THE GUST RULES AT 391-3-15-.05, OWNERS AND OPERATORS OF PETROLEUM UST SYSTEMS MUST PROVIDE NOTICE OF A UST'S EXISTENCE TO THE GEORGIA DEPT OF NATURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION (GA EPD). AT THE TIME OF THE INSPECTION, RESPONDENT HAD NOT NOTIFIED GA EPD ABOUT THE EXISTENCE OF ITS UST. PURSUANT TO 40 CFR 280.41, AND THE GUST RULES AT 391-3-15-.07, OWNERS AND OPERATORS OF PETROLEUM UST SYSTEMS MUST PROVIDE RELEASE DETECTION FOR TANKS AND PIPING IN ACCORDANCE WITH THAT SECTION AND THE GUST RULES AT 391-3-15-.07. PURSUANT TO 40 CFR 380.45 AND THE GUST RULES AT 391-3-15-.07, OWNERS AND OPERATORS OF PETROLEUM UST SYSTEMS MUST MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH ALL APPLICABLE RELEASE DETECTION REQUIREMENTS. AT THE TIME OF THE INSPECTION, RESPONDENT'S LEAK DETECTION DEVICE WAS NOT ACTIVATED AND RESPONDENT COULD NOT PRODUCE ITS RELEASE DETECTION DOCUMENTATION. THEREFORE, AT THE TIME OF THE INSPECTION, RESPONDENT WAS OUT OF COMPLIANCE WITH 40 CFR 380.41, AND WITH THE GUST RULES AT 391.3-15-.07, AND THE 40 CFR 280.45 AND THE GUST RULES AT 391-3-15-.07.

Defendants (1)

• MCINTOSH COUNTY BOARD OF COMMISSIONERSNamed in complaintNamed in settlement

Facilities (1)

• MCINTOSH COUNTY LAW ENFORCEMENT CENTER

  714 HWY 251, DARIEN, GA, 31305

  Registry ID: 110018944865

Statutes cited

• RCRA 9005 — Inspections, Monitoring, Testing, Corrective Actions
• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• MCINTOSH COUNTY BOARD OF COMMISSIONERSentered 2006-01-12

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2006-01-12Complaint Filed/Proposed Order
• 2006-01-12Final Order Issued
• 2006-02-03Enforcement Action Data Entered
• 2006-12-30Enforcement Action Closed