EPA v. H.B. FULLER COMPANY

Case summary

AUGUST 19, 2024 - SPCC Expedited Settlement Agreement On January 31, 2023, United States Environmental Protection Agency (EPA) conducted an inspection of H.B. Fuller Company's (Respondent) facility located at 2333 Fuller Way, Tucker, Georgia 30084 (the Facility), to determine compliance with the Oil Pollution Prevention regulations promulgated at 40 C.F.R. Part 112 under Section 31l(j) of the Clean Water Act (CWA), as amended, 33 U.S.C. ? 132l(j). EPA determined that Respondent, as operator of the Facility, violated the Oil Pollution Prevention regulations as noted on the attached H.B. Fuller Spill Prevention Control and Countermeasure Plan (SPCC) Inspection Findings, Alleged Violations, and Proposed Penalty Form (Form), which is incorporated by reference. EPA is authorized to enter into this Expedited Settlement Agreement (ESA) under the authority of Section 3ll(b)(6)(B)(i) of the CWA, 33 U.S.C. ? 1321(b)(6)(B)(i), as amended by the Oil Pollution Act of 1990, and 40 C.F.R. ? 22.13(b). The parties enter into this ESA to settle the civil violations for a penalty of $4,281. EPA finds Respondent is subject to the Oil Pollution Prevention regulations and has violated the regulations as described in the Form. Respondent admits it is subject to the Oil Pollution Prevention regulations and that EPA has jurisdiction over Respondent and Respondent's conduct as described in the Form. Respondent does not contest the inspection findings and neither admits nor denies the allegations in the Form. Respondent also waives any objections it may have to EPA's jurisdiction, any rights to contest the allegations, and its right to appeal this ESA and Final Order. Respondent consents to the assessment of the penalty stated above. Respondent certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that the violations identified in the Form have been corrected and the Facility is now in full compliance with the Oil Pollution Prevention regulations (or that the violations will be corrected, and the Facility brought into full compliance with the Oil Pollution Prevention regulations within an alternative timeframe agreed to by EPA in writing). Respondent agrees to pay the penalty assessed within thirty (30) calendar days of the effective date of this ESA.

Defendants (1)

• H.B. FULLER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• H.B. FULLER

  2333 FULLER WAY, TUCKER, GA, 30084

  Registry ID: 110006835639

Statutes cited

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

Enforcement conclusions (1)

• H.B. FULLER COMPANYentered 2024-08-19

  Primary law: CWA

  Federal penalty: $4,281

Timeline (4 milestones)

• 2024-08-19Final Order Issued
• 2024-08-19Complaint Filed/Proposed Order
• 2024-09-05Enforcement Action Closed
• 2024-09-24Enforcement Action Data Entered