EPA v. AIRCRAFT SERVICE INTERNATIONAL GROUP, INC.

Case summary

9/18/2019 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $67,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: OIL SPILL ALLEGATIONS: ON APRIL 22, 2016, RESPONDENT DISCHARGED APPROXIMATELY 107 BARRELS OF JET A FUEL, FROM ITS FACILITY 1 INTO OR UPON THE FLINT RIVER AND/OR ITS ADJOINING SHORELINES. RESPONDENT'S DISCHARGE OF JET A FUEL CAUSED A SHEEN AND DISCOLORATION OF THE SURFACE OF THE FLINT RIVER AND ITS ADJOINING SHORELINES AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, IN VIOLATION OF SECTION 311(b)(3)OF THE CWA. ACCORDINGLY, RESPONDENT VIOLATED SECTION 311(b)(3) OF THE CWA. SPCC ALLEGATIONS: ON APRIL 23, 2016, THE EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY 2 TO ASSESS COMPLIANCE WITH SPCC REGULATIONS. AT THE TIME OF THE APRIL 23, 2016 INSPECTION, RESPONDENT HAD FAILED TO ADEQUATELY PREPARE AND IMPLEMENT AN SPCC PLAN ( PLAN ) IN ACCORDANCE WITH 40 CFR SECTION 112.7 AND 112.8, AND ANY OTHER APPLICABLE SECTION OF 40 CFR PART 112. SPECIFICALLY, THE PLAN VIOLATED THE FOLLOWING REQUIREMENTS OF THE SPCC REGULATIONS: A. THE PLAN DID NOT ADEQUATELY DISCUSS THE FACILITY'S METHOD, DESIGN, AND CAPACITY FOR SECONDARY CONTAINMENT TO ADDRESS THE TYPICAL FAILURE MODE, AND THE MOST LIKELY QUANTITY OF OIL THAT WOULD BE DISCHARGED FROM THE MOBILE REFUELERS OR FROM THE TANKER TRUCK AND MOBILE REFUELERS IN THE LOADING AND UNLOADING AREAS AS REQUIRED BY 40 CFR SECTION 112.7(a)(1) AND (c). B. THE PLAN DID NOT DISCUSS THAT THE DIKED SECONDARY CONTAINMENT AREA AT THE GSE SHOP WAS SUFFICIENTLY IMPERVIOUS TO CONTAIN DISCHARGED OIL AS REQUIRED BY 40 CFR SECTION 112.7(a)(1) AND (2) AND 40 CFR SECTOIN 112.8(a)(2). THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED THE REGULATORY REQUIREMENTS CITED IN 30(a) AND (b) AND IS THEREFORE IN VIOLATION OF 40 CFR SECTION 112.3. ADDITIONALLY, RESPONDENT FAILED TO IMPLEMENT THE FACILITY'S PLAN IN ACCORDANCE WITH 40 CFR SECTIONS 112.7 AND 112.8, AND ANY OTHER APPLICABLE SECTIONS OF 40 CFR PART 112. SPECIFICALLY, THE EPA FOUND RESPONDENT VIOLATED THE SPCC REGULATIONS BY FAILING TO SUBMIT A REPORT TO THE REGIONAL ADMINISTRATOR WITH THE INFORMATION REQUIRED BY 40 CFR 112.7(a)(4) WITHIN 60 DAYS OF RESPONDENT'S APRIL 22, 2016 SINGLE DISCHARGE OF 4,494 GALLONS (APPROXIMATELY 107 BARRELS) OF OIL. THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED THE REGULATORY REQUIREMENTS AND IS IN VIOLATION OF 40 CFR SECTION 112.4(a).

Defendants (1)

• AIRCRAFT SERVICE INTERNATIONAL GROUP, INC.Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL (AIRCRAFT SERVICE INTERNATIONAL GROUP, INC.)

  6000 N. TERMINAL PARKWAY, ATLANTA, GA, 30304

  Registry ID: 110070616148

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• AIRCRAFT SERVICE INTERNATIONAL GROUP, INC.entered 2019-09-18

  Primary law: CWA

  Federal penalty: $67,800

Timeline (4 milestones)

• 2019-09-18Final Order Issued
• 2019-09-18Complaint Filed/Proposed Order
• 2019-09-20Enforcement Action Data Entered
• 2019-10-15Enforcement Action Closed