EPA v. BIOENERGY DEVELOPMENT GROUP, LLC

Case summary

10-19-17 - SPCC EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,375. SUMMARY OF FINDINGS: NO EVIDENCE OF 5-YEAR REVIEW OF PLAN BY OWNER/OPERATOR; NO PLAN AMENDMENT(S) IF THE FACILITY HAS HAD A CHANGE IN: DESIGN, CONSTRUCTION, OPERATION, OR MAINTENANCE WHICH AFFECTS THE FACILITY'S DISCHARGE POTENTIAL; AMENDMENT(S) NOT CERTIFIED BY A PROFESSIONAL ENGINEER; NO MANAGEMENT APPROVAL OF PLAN; PLAN HAS INADEQUATE OR NO FACILITY DIAGRAM; INSPECTION RECORDS ARE NOT MAINTAINED FOR 3 YEARS; NO TRAINING ON DISCHARGE PROCEDURE PROTOCOLS; NO TRAINING ON THE APPLICABLE POLLUTION CONTROL LAWS, RULES, AND REGS, AND /OR SPCC PLAN; SPILL PREVENTION BRIEFINGS ARE NOT SCHEDULED AND CONDUCTED AT LEAST ANNUALLY; ABOVE GROUND TANKS ARE NOT SUBJECT TO PERIODIC INTEGRITY TESTING, SUCH AS HYDROSTATIC NONDESTRUCTIVE METHODS, ETC; SECONDARY CONTAINMENT INADEQUATE FOR MOBILE OR PORTABLE STORAGE TANKS; ABOVE GROUND VALVES, PIPING AND APPURTENANCES ARE NOT INSPSECTED REGULARLY.

Defendants (1)

• BIOENERGY DEVELOPMENT GROUP, LLCNamed in complaintNamed in settlement

Facilities (2)

• OIL SPILL (BIOENERGY DEVELOPMENT GROUP LLC)

  2227 DEADRICK AVENUE, MEMPHIS, TN, 38114

  Registry ID: 110056986392

• OIL SPILL (BIOENERGY DEVELOPMENT GROUP LLC)

  2227 DEADRICK AVENUE, MEMPHIS, TN, 38114

  Registry ID: 110056986392

Statutes cited

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

Enforcement conclusions (1)

• BIOENERGY DEVELOPMENT GROUP, LLCentered 2017-10-19

  Primary law: CWA

  Federal penalty: $2,375

Timeline (4 milestones)

• 2017-10-19Final Order Issued
• 2017-10-19Complaint Filed/Proposed Order
• 2017-11-06Enforcement Action Data Entered
• 2017-12-05Enforcement Action Closed