EPA v. MCPHERSON OIL D/B/A MCCLEAN FUELS

Case 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.

Defendants (2)

• MCPHERSON OIL COMPANY, INC.Named in complaintNamed in settlement
• MCCLEAN FUELS, INC.Named in complaintNamed in settlement

Facilities (1)

• MCPHERSON OIL CO

  2125 KINGSTON HWY, KINGSTON, TN, 37763

  Registry ID: 110020120901

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• MCPHERSON OIL D/B/A MCCLEAN FUELSentered 2007-04-02

  Primary law: RCRA

  Federal penalty: $5,000 · SEP: $23,000

Timeline (4 milestones)

• 2006-09-28Complaint Filed/Proposed Order
• 2006-09-28Enforcement Action Data Entered
• 2007-04-02Final Order Issued
• 2007-04-26Enforcement Action Closed