EPA v. IND-OIL, INC.

Case summary

9/6/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: 2/5/09 - EPA AND MS DEPT OF ENVIRONMENTAL QUALITY (MDEQ) JOINTLY PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE RESPONDENT'S FACILITY. ALL ALL TIMES RELEVANT TO THIS CAFO, RESPONDENT WAS A USED OIL TRANSPORTER, AND OWNER AND OPERATOR OF A USED OIL TRANSFER FACILITY. RESPONDENT SHUT DOWN ITS BUSINESS OPERATIONS AND REMOVED ALL OIL FROM THE FACILITY EFFECTIVE AUG 15, 2011. AT THE TIME OF THE CEI, RESPONDENT WAS STORING USED OIL IN A 1,000-GALLON ABOVEGROUND STORAGE TANK THAT WAS LABELED WITH THE WORDS WASTE OIL. THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.45(g)(1)) BY FAILING TO LABEL THE AFOREMENTIONED 1,000-GALLON ABOVEGROUND STORAGE TANK WITH THE WORDS USED OIL. AT THE TIME OF THE CEI, RESPONDENT WAS STORING USED OIL IN A 1,000 GALLON ABOVEGROUND STORAGE TANK THAT WAS NOT EQUIPPED WITH A SECONDARY CONTAINMENT SYSTEM. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.45(e)) BY FAILING TO EQUIP THE AFOREMENTIONED ABOVEGROUND STORAGE TANK WITH A SECONDARY CONTAINMENT SYSTEM. AT THE TIME OF THE CEI, RESPONDENT STATED THAT USED OIL STORED AT THE FACILITY WAS REMOVED APPROX ONCE EVERY 9 MONTHS. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.45(a)) BY STORING USED OIL IN EXCESS OF 35 DAYS WITHOUT COMPLYING WITH SUBPART F OF 40 CFR PART 279. BASED UPON INFO OBTAINED BY THE EPA FROM WESTERN CONTAINER CORPORATION IN RESPONSE TO A REQUEST FOR INFORMATION ISSUED PURSUANT TO RCRA 3007, RESPONDENT ACCEPTED 13,172 GALLONS OF USED OIL FOR TRANSPORT BETWEEN FEB 2006 AND DEC 2009. FOR THIS PERIOD, RESPONDENT PROVIDED THE EPA WITH ONLY ONE SHIPMENT RECORD REFLECTING THE ACCEPTANCE OF 660 GALLONS OF USED OIL FOR TRANSPORT. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.46(a) AND (d)) BY FAILING TO MAINTAIN RECORDS REFLECTING THE ACCEPTANCE OF 12,512 GALLONS OF USED OIL FOR TRANSPORT. FOR THE USED OIL SHIPMENTS DISCUSSED ABOVE, RESPONDENT FAILED TO DETERMINE THE TOTAL HALOGEN CONTENT OF THE USED OIL BEING TRANSPORTED. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.44(a) AND (d)) BY FAILING TO DETERMINE THE TOTAL HALOGEN CONTENT OF THE USED OIL BEING TRANSPORTED. AT THE TIME OF THE CEI, THE EPA INSPECTOR OBSERVED A LARGE AREA OF SOIL STAINED WITH USED OIL. THE AREA OF STAINED SOIL EXTENDED FROM THE DISCHARGE VALVE OF A 4,000-GALLON ABOVEGROUND STORAGE TANK TO A DRAINAGE DITCH. RESPONDENT INFORMED THE EPA INSPECTOR THAT THE STAIN WAS THE RESULT OF A RELEASE OF USED OIL THAT OCCURRED ON OR ABOUT DEC 25, 2008. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.45(h)) BY FAILING TO CLEAN UP AND PROPERLY MANAGE RELEASED USED OIL.

Defendants (1)

• IND-OIL, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• STANLEY WASTE OIL (IND-OIL, INC)

  713 1/2 COURT STREET, WAYNESBORO, MS, 39367

  Registry ID: 110004000697

Statutes cited

• RCRA 3014 — Restrictions on Recycled Oil

Enforcement conclusions (1)

• IND-OIL, INC.entered 2012-09-06

  Primary law: RCRA

  Federal penalty: $1,500

Timeline (4 milestones)

• 2012-09-06Complaint Filed/Proposed Order
• 2012-09-06Final Order Issued
• 2012-09-13Enforcement Action Data Entered
• 2012-09-21Enforcement Action Closed