EPA v. JIM HINTON OIL COMPANY OF GEORGIA, INC.

Case summary

9/18/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,750, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT FEBRUARY 26, 2009, AN INSPECTION WAS CONDUCTED BY EPA AT THE RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGULATIONS. RESPONDENT FAILED TO PREPARE AN ADEQUATE WRITTEN SPCC PLAN IN ACCORDANCE WITH 40 CFR 112.7, 112.8, AND ANY OTHER APPLICABLE SECTIONS OF 40 CFR PART 112, AS REQUIRED BY 40 CFR 112.3(a). SPECIFICALLY, THE PLAN VIOLATED THE FOLLOWING REQUIREMENTS OF THE SPCC REGS: - THE PLANN FAILED TO INCLUDE A DESCRIPTION OF THE FACILITY'S OBLIGATIONS UNDER 40 CFR 112.8(c)(10) TO PROMPTLY CORRECT VISIBLE DISCHARGES FROM TANKS, SEAMS, GASKETS, VALVES, PIPING, ETC., AND TO HAVE ACCUMULATIONS OF OIL IN DIKED AREAS PROMPTLY REMOVED. RESPONDENT FAILED TO IMPLEMENT THE FACILITY'S PLAN IN ACCORDANCE WITH 40 CFR 112.7, 112.8, AND ANY OTHER APPLICABLE SECTIONS OF 40 CFR PART 112, AS REQUIRED BY 40 CFR 112.3(a). SPECIFICALLY, THE EPA FOUND THE RESPONDENT VIOLATED THE SPCC REGS BY FAILING TO IMPLEMENT THE FOLLOWING REQUIREMENTS: A. RESPONDENT FAILED TO PROVIDE LIGHTING AT THE FACILITY AT THE FACILITY ADEQUATE TO ASSIST IN A DISCOVERY OF DISCHARGES AND/OR PRECENT VANDALISM DURING NIGHT HOURS, AS REQUIRED BY 40 CFR 112.7(g)(5). B. RESPONDENT FAILED TO PROVIDE EVIDENCE OF PHYSICAL BARRIERS, WARNING SIGNS, WHEEL CHOCKS, OR BRAKE INTERLOCK SYSTEMS IN LOADING/UNLOADING AREAS ADEQUATE TO PREVENT VEHICLES FROM DEPARTING BEFORE THE COMPLETE DISCONNECTION OF OIL LINES, AS REQUIRED BY 40 CFR 112.7(h)(2). C. RESPONDENT FAILED TO PROVIDE ADEQUATE RECORDS OF DRAINAGE OF RAINWATER FROM DIKED AREAS AS REQUIRED BY 40 CFR 112.8(c)(3)(iv). D. RESPONDENT FAILED TO ADEQUATELY MAINTAIN RECORDS OF INSPECTIONS AND INTEGRITY TESTS OF ABOVE GROUND TANKS AS REQUIRED BY 40 CFR 112.8(c)(6). E. RESPONDENT FAILED OT MAINTAIN A SUFFICIENT HEIGHT OF SECONDARY CONTAINMENT STRUCTURES DUE TO MISSING PORTIONS OF CONCRETE BLOCK WALLS, AS REQUIRED BY 40 CFR 112.8(c)(2). F. RESPONDENT FAILED TO PROVIDE AN ADEQUATE SHOWING THAT DIKED AREAS WERE SUFFICIENTLY IMPERVIOUS SO AS TO CONTAIN DISCHARGED OIL, AS REQUIRED BY 40 CFR 112.8(c)(2). G. RESPONDENT FAILED TO PROVIDE AN ADEQUATE SHOWING THAT RAINWATER IN DIKED RAEAS IS INSPECTED SUFFICIENTLY SO AS TO ENSURE THAT THERE HAS BEEN NO HARMFUL DISCHARGE, AS REQUIRED BY 40 CFR 112.8(c)(3)(ii). H. RESPONDENT FAILED TO EQUIP EACH CONTAINER WITH A DEVICE FOR SENSING LIQUID LEVELS AS REQUIRED BY 40 CFR 112.8(c)(8). I. RESPONDENT FAILED TO ADEQUATELY DEMONSTRATE THAT VISIBLE DISCHARGES ARE PROMPTLY CORRECTED AND OIL PROMPTLY REMOVED, AS REQUIRED BY 40 CFR 112.8(c)(10). J. RESPONDENT FAILED TO PROVIDE ADEQUATE WARNING TO VEHICLES' DRIVERS SO THAT THE VEHICLES DO NOT ENDANGER PIPING AND OIL TRANSFER AREAS, AS REQUIRED BY 40 CFR 112.8(d)(5). EPA ALLEGES THAT RESPONDENT VIOLATED THE REGULATORY REQUIREMENTS AND IS THEREFORE IN VIOLATION OF 40 CFR 112.3.

Defendants (1)

• JIM HINTON OIL COMPANY OF GEORGIA, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• JIM HINTON OIL CO OF GA INC

  609 WEST HILL AVE, VALDOSTA, GA, 31603

  Registry ID: 110013446075

Statutes cited

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

Enforcement conclusions (1)

• JIM HINTON OIL COMPANY OF GEORGIA, INC.entered 2013-09-18

  Primary law: CWA

  Federal penalty: $15,750

Timeline (4 milestones)

• 2013-09-18Final Order Issued
• 2013-09-18Complaint Filed/Proposed Order
• 2013-09-24Enforcement Action Data Entered
• 2013-10-22Enforcement Action Closed