EPA v. ATLANTIC PETROLEUM, INC.

Case summary

2/20/14 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,500. VIOLATIONS: NO EVIDENCE OF 5-YEAR REVIEW OF PLAN BY OWNER/OPERATOR ($75.00); PLAN DOES NOT FOLLOW SEQUENCE OF THE RULE AND/OR CROSS-REFERENCE NOT PROVIDED ($150.00); PLAN DOES NOT DISCUSS AND FACILITY DOES NOT IMPLEMENT APPROPRIATE CONTAINMENT/DIVERSIONARY STRUCTURES/EQUIPMENT ($400); PLAN DOES NOT INCLUDE INSPECTIONS AND TEST PROCEDURES IN ACCORDANCE WITH 40 CFR PART 112 ($75); NO TRAINING ON THE OPERATION AND MAINTENANCE OF EQUIPMENT TO PREVENT DISCHARGES AND OR FACILITY OPERATIONS ($75); NO TRAINING ON DISCHARGES PROCEDURE PROTOCOLS ($75); NO TRAINING ON THE APPLICABLE POLLUTION CONTROL LAW, RULES, AND REGS AND/OR SPCC PLAN ($75); SPILL PREVENTION BRIEFINGS ARE NOT SCHEDULED AND CONDUCTED AT LEAST ANNUALLY ($75); PLAN HAS INADEQUATE OR NO DISCUSSION OF PERSONNEL AND SPILL PREVENTION AND SPILL PREVENTION PROCEDURES ($75); PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY SECURITY ($75); INADEQUATE SECONDARY CONTAINMENT, AND/OR RACK DRAINAGE DOES NOT FLOW TO CATCHMENT BASIN, TREATMENT SYSTEM, OR QUICK DRAINAGE SYSTEM ($750); PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK ($75); ADEQUATE RECORDS (OR NPDES PERMIT RECORDS) OR DRAINAGE FROM DIKED AREAS NOT MAINTAINED ($75); PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY DRAINAGE ($75); CONTAINMENT SYSTEMS, INCLUDING WALLS AND FLOORS ARE NOT SUFFICIENTLY IMPERVIOUS TO CONTAIN OIL ($375); ABOVEGROUND TANKS ARE NOT SUBJECT TO VISUAL INSPECTIONS ($450); RECORDS OF INSPECTIONS (OR CUSTOMARY BUSINESS RECORDS) DO NOT INCLUDE INSPECTIONS OF TANK SUPPORTS/FOUNDATION, DETERIORATION, DISCHARGES AND/OR ACCUMULATIONS OF OIL INSIDE DIKED AREAS ($75); TANK BATTERY INSTALLATIONS ARE NOT IN ACCORDANCE WITH GOOD ENGINEERING PRACTICE BECAUSE NONE OF THE FOLLOWING ARE PRESENT ($450); CAUSES OF LEAKS RESULTING IN ACCUMULATIONS OF OIL IN DIKED AREAS ARE NOT PROMPTLY CORRECTED ($450); SECONDARY CONTAINMENT INADEQUATE FOR MOBILE OR PORTABLE STORAGE TANKS ($500); PLAN HAS INADEQUATE OR NO DISCUSSION OR NO DISCUSSION OF BULK STORAGE TANKS ($75).

Defendants (1)

• ATLANTIC PETROLEUMNamed in complaintNamed in settlement

Facilities (1)

• ATLANTIC PETROLEUM

  1614 EAST INNES STREET, SALISBURY, NC, 28146

  Registry ID: 110018761847

Statutes cited

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

Enforcement conclusions (1)

• ATLANTIC PETROLEUM, INC.entered 2014-02-20

  Primary law: CWA

  Federal penalty: $4,500

Timeline (4 milestones)

• 2014-02-20Complaint Filed/Proposed Order
• 2014-02-20Final Order Issued
• 2014-02-20Enforcement Action Closed
• 2014-03-25Enforcement Action Data Entered