EPA v. IKES FOOD MART #11

Case summary

8/13/2015 - SPCC EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,875. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. AGREEMENT ALLEGES: - NO SPILL PREVENTION CONTROL AND COUNTERMEASURES PLAN. IN VIOLATION OF 40 CFR SECTION 112.3. - NO INSPECTION RECORDS WERE AVAILABLE FOR REVIEW. IN VIOLATION OF 40 CFR SECTION 112.7(c). - NO TRAINING ON THE OPERATION AND MAINTEANCE OF EQUIPMENT TO PREVENT DISCHARGES AND/OR FACILITY OPERATIONS. IN VIOLATION OF 40 CFR SECTION 112.7(f)(1). - NO TRAINING ON DISCHARGE PROCEDURE PROTOCOLS. IN VIOLATION OF 40 CFR SECTION 112.7(f)(1). - NO TRAINING ON THE APPLICABLE POLLUTION CONTROL LAWS, RULES AND REGULATIONS, AND/OR SPCC PLAN. IN VIOLATION OF 40 CFR SECTION 112.7(f)(1). - MASTER FLOW AND DRAIN VALVES THAT PERMIT DIRECT OUTWARD FLOW TO THE SURFACE ARE NOT SECURED IN A CLOSED WHEN IN A NON-OPERATING OR STANDBY STATUS. IN VIOLATION OF 40 CFR SECTION 112.7(g)(2). - LOADING AND UNLOADING CONNECTION(s) OF PIPING/PIPELINES ARE NOT CAPPED OR BLANK-FLAGGED WHEN NOT IN SERVICE OR STANDBY STATUS - STARTER CONTROLS ON PUMPS ARE NOT LOCKED IN THE OFF POSITION OR LOCATED AT A SITE ACCESSIBLE ONLY TO AUTHORIZED PERSONNEL WHEN PUMPS ARE NOT IN A NON-OPEATING OR STANDBY STATUS. IN VIOLATION OF 40 CFR SECTION 112.7(g)(3). - SECONDARY CONTAINMENT CIRCUMVENTED DUE TO CONTAINMENT BYPASS VALVES LEFT OPEN AND/OR PUMPS AND EJECTIONS NOT MANUALLY ACTIVATED TO PREVENT A DISCHARGE. IN VIOLATION OF 40 CFR SECTION 112.8(b)(1) and (2), and 112.8(c)(3)(I). - CONTAINMENT SYSTEMS, INCLUDING WALLS AND FLOORS, ARE NOT SUFFICIENTLY IMPERVIOUS TO CONTAIN OIL. IN VIOLATION OF 40 CFR SECTION 112.8(c)(2). - ABOVEGROUND TANKS ARE NOT SUBJECT TO PERIODIC INTEGRITY TESTING, SUCH AS HYDROSTATIC, NONDESTRUCTIVE METHODS, ETC. IN VIOLATION OF 40 CFR SECTION 112.8(c)(b). - NOT-IN-SERVICE OR STANDBY PIPING IS NOT CAPPED OR BLANK-FLANGES AND MARKED AS TO ORIGIN. IN VIOLATION OF 40 CFR SECTION 11.2.8(d)(2).

Defendants (1)

• IKES FOODS, INC. #11Named in complaintNamed in settlement

Facilities (1)

• IKES FOOD MART

  1804 PUMPKINTOWN HWY, PICKENS, SC, 29671

  Registry ID: 110060373359

Statutes cited

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

Enforcement conclusions (1)

• IKES FOOD MART #11entered 2015-08-13

  Primary law: CWA

  Federal penalty: $3,875

Timeline (4 milestones)

• 2015-08-13Complaint Filed/Proposed Order
• 2015-08-13Final Order Issued
• 2015-08-21Enforcement Action Data Entered
• 2015-09-04Enforcement Action Closed