EPA v. KEY OIL COMPANY - LEITCHFIELD BULK PLANT2

Case summary

5/4/17 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3725. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. AGREEMENT ALLEGES: CERTIFICATION LACKS ONE OR MORE REQUIRED ELEMENTS. IN VIOLATION OF 40 CFR SECTION 112.3(d)(1). NO EVIDENCE OF FIVE-YEAR REVIEW OF PLAN BY OWNER/OPERATOR. IN VIOLATION OF 40 CFR SECTION 112.5(b) AMENDMENT(s) NOT CERTIFIED BY A PROFESSIONAL ENGINEER. IN VIOLATION OF 40 CFR SECTION. IN VIOLATION OF 40 CFR SECTION 112.5(c). NO PLAN AMENDMENTS IF THE FACILITY HAS HAD A CHANGE IN: DESIGN, CONSTRUCTION, OPERATION, OR MAINTENANCE WHICH AFFECTS THE FACILITY'S DISCHARGE POTENTIAL. IN VIOLATION FO 40 CFR SECTION 112.5(a). NO MANAGEMENT APPROVAL OF PLAN. IN VIOLATION OF 40 CFR SECTION 112.7 PLAN DOES NOT FOLLOW SEQUENCE OF THE RULE AND/OR CROSS-REFERENCE NOT PROVIDED. IN VIOLATION OF 40 CFR SECTION 112.7. INADEQUATE OR NO DISCHARGE PREVENTION MEASURES. IN VIOLATION OF 40 CFR SECTION 112.7(a)(3)(ii). INADEQUATE OR NO DESCRIPTION OF COUNTERMEASURES FOR DISCHARGE DISCOVERY, RESPONSE AND CLEANUP. IN VIOLATION OF 40 CFR SECTION 112.7(a)(3)(iv). RECOVERED MATERIALS NOT DISPOSED OF IN ACCORDANCE WITH LEGAL REQUIREMENTS. IN VIOLATION OF 40 CFR SECTION 112.7(a)(3)(v). NO CONTACT LIST AND PHONE NUMBERS FOR RESPONSE AND REPORTING DISCHARGES. IN VIOLATION OF 40 CFR SECTION 112.7(a)(3)(vi). PLAN DOES NOT INCLUDE INSPECTIONS AND TEST PROCEDURES IN ACCORDANCE WITH 40 CFR SECTION 112.7(e). NO INSPECTION RECORDS WERE AVAILABLE FOR REVIEW. IN VIOLATION OF 40 CFR SECTION 112.7(e). NO TRAINING ON THE OPERATION AND MAINTENCE 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). INADEQUATE SECONDARY CONTAINMENT, AND/OR RACK DRAINAGE DOES NOT FLOW TO CATCHMENT BASIN TREATMENT SYSTEM, OR QUICK DRAINAGE SYSTEM. IN VIOLATION OF 40 CFR SECTION 112.(h)(1). THERE ARE NO INTERLOCKED WARNING LIGHTS, OR PHYSICA BARRIER SYSTEM, OR WARNING SIGNS, OR VEHICLE BRAKE INTERLOCK SYSTEM TO PREVENT VEHICULAR DEPARTURE BEFORE COMPLETE DISCONNECT FROM TRANSFER LINES. IN VIIOLATION OF 40 CFR SECTION 112.7(h)(2). 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)(6).

Defendants (2)

• KEYSTONE STOPS, INC.Named in complaintNamed in settlement
• KEY OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• KEY OIL COMPANY - LEITCHFIELD BULK PLANT

  207 MARION ST, LEITCHFIELD, KY, 42754

  Registry ID: 110064551676

Statutes cited

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

Enforcement conclusions (1)

• KEY OIL COMPANY - LEITCHFIELD BULK PLANT2entered 2017-05-04

  Primary law: CWA

  Federal penalty: $3,725

Timeline (4 milestones)

• 2017-05-04Complaint Filed/Proposed Order
• 2017-05-04Final Order Issued
• 2017-05-23Enforcement Action Closed
• 2017-06-15Enforcement Action Data Entered