Skip to main content
04-2019-7002Administrative - FormalClosedFY 2019· Region 04

EPA v. HERO BX ALABAMA

Final Order With Penalty

Case summary

5/31/2019 - SPCC EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,525.00. THE PENALTY ASSESSMENT DUE WITHIN 30 DAYS. ALLEGATIONS: INDEQUATE OR NO LISTING OF TYPE OF OIL AND STORAGE CAPACITY LAYOUT OF CONTAINERS; INADEQUATE OR NO PREDICTION OF EQUIPMENT FAILURE WHICH COULD RESULT IN DISCHARGES; PLAN DOES NOT DISCUSS, AND FACILITY DOES NOT IMPLEMENT APPROPRIATE CONTAINMENT/DIVERSIONARY STRUCTURES/EQUIPMENT; PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK; CAUSES OF LEAKS RESULTING IN ACCUMULATIONS OF OIL IN DIKED AREAS ARE NOT PROMPTLY CORRECTED; PLAN HAS INADEQUATE OR NO DISCUSSION OF BULK STORAGE TANKS; PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TRANSFER OPERATIONS, PUMPING, AND FACILITY PROCESS.

Defendants (1)

  • HERO BX-ALABAMANamed in complaintNamed in settlement

Facilities (2)

  • HERO BX ALABAMA

    12982 CHEROKEE BEND DR, MOUNDVILLE, AL, 35474

    Registry ID: 110039154376

  • HERO BX ALABAMA

    12982 CHEROKEE BEND DR, MOUNDVILLE, AL, 35474

    Registry ID: 110039154376

Statutes cited

  • CWA 311JSPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

  • HERO BX ALABAMAentered 2019-05-31

    Primary law: CWA

    Federal penalty: $1,525

Timeline (4 milestones)

  • 2019-05-31Complaint Filed/Proposed Order
  • 2019-05-31Final Order Issued
  • 2019-06-11Enforcement Action Data Entered
  • 2019-07-10Enforcement Action Closed

Case metadata

EPA activity ID
3601876540
Case number
04-2019-7002
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
SPCC and/or Federal Response Plan Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2019-7002 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.