EPA v. IND-OIL, INC.

Case summary

9/6/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JAN 21, 2009, AN INSPECTION WAS CONDUCTED BY THE EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS. EPA FOUND THE FOLLOWING VIOLATIONS OF THE SPCC REGS AT THE TIME OF THE INSPECTION: A. RESPONDENT FAILED TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILITY, AS REQUIRED BY 40 CFR 112.3(a); B. RESPONDENT FAILED TO RESTRAIN THE DRAINAGE FROM THE DIKE STORAGE AREAS, AS REQUIRED BY 40 CFR 112.8(b)(1), (b)(2), AND (c)(3)(i); C. RESPONDENT FAILED TO INSPECT DRAINAGE FROM DIKED AREAS OR RETAINED RAINWATER FOR THE PRESENCE OF OIL AND FAILED TO MAINTAIN RECORDS OF DRAINAGE EVENTS, AS REQUIRED BY 40 CFR 112.8(b)(2); AND (c)(3)(ii), (iii), AND (iv). D. RESPONDENT FAILED TO PROVIDE APPROPRIATE SECONDARY CONTAINMENT TO PREVENT A DISCHARGE, AS REQUIRED BY 40 CFR 112.7(c), AND FAILED TO DESIGN APPROPRIATE DRAINAGE CONTROLS FROM UNDIKED AREAS, AS REQUIRED BY 40 CFR 112.8(b)(3). E. RESPONDENT FAILED TO PROVIDE SUFFICIENTLY IMPERVIOUS SECONDARY CONTAINMENT SO AS TO CONTAIN ANY DISCHARGED OIL, AS REQUIRED BY 40 CFR 112.8(c)(2) AND (c)(11). F. RESPONDENT FAILED TO TEST AND INSPECT ABOVEGROUND CONTAINERS REGULARLY AND MAINTAIN RECORDS OF SUCH INSPECTION AS REQUIRED BY 40 CFR 112.7(e) AND 112.8(c)(6). G. RESPONDENT FAILED TO ADEQUATELY OBSERVE THE FACILITY'S EFFLUENT TREATMENT SYSTEM TO DETECT POSSIBLE SYSTEM UPSETS THAT COULD CAUSE A DISCHARGE, AS REQUIRED BY 40 CFR 112.8(c)(9). H. RESPONDENT FAILED TO PROMPLY REMOVE ACCUMULATIONS OF OIL IN THE DIKED AREAS AND PROMPTLY CORRECT VISIBLE LEAKS OF OIL, AS REQUIRED BY 40 CFR 112.8(c)(10). I. RESPONDENT FAILED TO CAP OR BLANK-FLANGE ALL TERMINAL CONNECTIONS AT TRANSFER POINTS, AS REQUIRED BY 40 CFR 112.8(d)(2). J. RESPONDENT FAILED TO REGULAR INSPECT AND MAINTAIN RECORDS OF ABOVEGROUND VALVE, PIPING, AND SIMILAR EQUIPMENT INSPECTIONS, AS REQUIRED BY 40 CFR 112.7(e) AND 112.8(d)(4). K. RESPONDENT FAILED TO WARN VEHICLES ENTERING THE FACILITY TO ENSURE THAT NO VEHICLE ENDANGERS ABOVEGROUND PIPING AND OTHER OIL TRANSFER OPERATIONS, AS REQUIRED BY 40 CFR 112.8(d)(5).

Defendants (1)

• IND-OIL, INC.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

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

Enforcement conclusions (1)

• IND-OIL, INC.entered 2012-09-06

  Primary law: CWA

  Federal penalty: $1,500

Timeline (4 milestones)

• 2012-09-06Final Order Issued
• 2012-09-06Complaint Filed/Proposed Order
• 2012-09-15Enforcement Action Data Entered
• 2012-09-21Enforcement Action Closed