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04-2012-5130Administrative - FormalClosedFY 2012· Region 04

EPA v. TELLUS OPERATING GROUP

Final Order With Penalty

Case summary

7/17/2012 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $21,200 DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT JULY 31, 2008, AN INSPECTION WAS CONDUCTED BY EPA AT THE RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS. EPA FOUND THE FOLLOWING SPCC VIOLATIONS: A. RESPONDENT FAILED TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILIYT AS REQUIRED BY 40 CFR 112.3 IN ACCORDANCE WITH THE GUIDELINES FOR PLAN PREPARATION AT 40 CFR 112.7 AND OTHER APPLICABLE SECTIONS IN 40 CFR PART 112. B. THE PLAN NEITHER FOLLOWED THE SEQUENCE SPECIFIED IN THE SPCC REGS NOR INCLUDED A SECTION PROPERLY CROSS REFERENCING THE REQUIREMENTS IN THE PLAN, AS REUQIRED BY 40 CFR 112.7. C. THE PLAN DID NOT DISCUSS METHODS OF DISPOSAL FOR RECOVERED MATERIALS IN ACCORDANCE WITH APPLICALBE LEGAL REQUIREMENTS, AS REQUIRED BY 40 CFR 112.7(a)(3)(v). D. THE PLAN DID NOT DISCUSS DRAINAGE PROCEDURES FOR DIKED AREAS, AS REQUIRED BY 40 CFR 112.9(b)(1). E. THE PLAN DID NOT DISCUSS OR INDICATE HOW CONTAINERS USED FOR THE STORAGE OF OIL ARE COMPATIBLE WITH THE MATERIAL BEING STORED, AS REQUIRED BY 40 CFR 112.9(c)(1). F. THE PLAN DID NOT DISCUSS ENGINEERING OR UPDATING NEW AND OLD TANK BATTERY INSTALLATIONS IN ACCORDANCE WITH GOO DENGINEERING PRACTICES TO PREVENT DISCHARGES, AS REQUIRED BY 40 CFR 112.9(c)(4). G. THE PLAN DID NOT DISCUSS INSPECTION PROCEDURES FOR SALTWATER (OIL FIELD BRINE) DISPOSAL FACILITIES, AS REQUIRED BY 40 CFR 112.9(d)(2).

Defendants (1)

  • TELLUS OPERATING GROUP, LLCNamed in complaintNamed in settlement

Facilities (1)

  • OIL SPILL (TELLUS OPERATING GROUP, LLC)

    4 GULF CAMP CIRCLE, LUMBERTON, MS, 39455

    Registry ID: 110071182724

Statutes cited

  • CWA 311JSPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

  • TELLUS OPERATING GROUPentered 2012-07-17

    Primary law: CWA

    Federal penalty: $21,200

Timeline (4 milestones)

  • 2012-07-17Final Order Issued
  • 2012-07-17Complaint Filed/Proposed Order
  • 2012-07-31Enforcement Action Data Entered
  • 2012-08-03Enforcement Action Closed

Case metadata

EPA activity ID
3000042431
Case number
04-2012-5130
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
SPCC and/or Federal Response Plan Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2012-5130 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.