EPA v. OHIO DOT MAINTENANCE GARAGE

Case summary

THIS OHIO DOT MAINTENANCE GARAGE IS LOCATED AT 4560 KYLES STATION RD, HAMILTON, OHIO. IT PROVIDES AUTOMOTIVE RELATED SERVICES TO THE OHIO DEPARTMENT OF TRANSPORTATION FLEET. SUCH SERVICES INCLUDE THE REPAIR OF CARS, GENERAL SERVICE MAINTENANCE, ETC.... THE FACILITY HAS A TOTAL OF FIVE USTS: -TWO 10,000-GAL (ONE GAS AND ONE DIESEL) -ONE 2,500-GAL DIESEL -TWO 550-GAL (ONE USED OIL AND ONE KEROSENE). THE FACILITY IS LOCATED IN A RURAL AREA. THERE IS NOT MUCH GOING ON IN THE AREA IN TERMS OF HABITAT. SENSITIVE ECOSYSTEM NEARBY IS UNKNOWN. THE APPROXIMATE AGE OF THE TANKS IS 8 YEARS. DOT FAILED TO CONDUCT RELEASE DETECTION MONITORING TEST ON THE USED OIL TANK AND PROVIDE ANY RECORDS OF RELEASE DETECT- ION MONITORING. BASED ON THESE VIOLATIONS FOUND, THE OHIO DOT WAS ISSUED A FIELD CITATION FOR THE FACILITY LOCATED AT 4560 KYLES STATION RD, IN HAMILTON, OH FOR THE AMOUNT OF $450.00 FOR THE FOLLOWING VIOLATIONS: 1. 40 CFR 280.45 - FAILURE TO MAINTAIN RECORDS OF RELEASE DETECTION MONITORING - $150 2. 40 CFR 280.40(A) - FAILURE TO PROVIDE ADEQUATE RELEASE DETECTION METHOD - $300.00 DURING THE INSPECTION, HOHN BURNIE, DOT DISTRICT 8 FACIL- ITIES MANAGER, ADMITTED THAT DOT WAS NOT DOING ANY LEAK DETECTION ON ALL THE WASTE OIL TANKS AT ALL DOT FACILITIES LOCATED WITHIN THE DISTRICT 8'S JURISDICTION. WE REQUESTED THAT DOT PUT TOGETHER A PROGRAM TO ENSURE THAT THESE TANKS ARE ALSO MONITORED FOR LEAK DETECTION. WE DEMANDED THAT DOT FORWARD ITS PLAN TO EPA ALONG WITH THE COMPLIANCE DATA FOR THE FIELD CITATION. WE ALSO AKSED DOT TO SHOW PROOF THAT THE TANKS AT THE FACILITY INSPECTED WERE MAKE OF FIBER- GLASS. AS A RESULT, OHIO DOT TRAINED AN EMPLOYEE TO CONDUCT THE LEAK DETECTION MONITORING TEST AT ALL THE FACILITIES IN 8 DIFFERENT COUNTIES. ON SEPTEMBER 17, 2000, DOT HAD A CHECK ISSUED TO EPA AND MAILED IT TO REGION 5. BUT, THE CHECK WENT TO FINANCE BEFORE USTS HAD A CHANCE TO REVIEW ANY COMPLIANCE DOCUMENT- ATION. WE LATER FOUND NO OTHER DOCUMENTATION WAS SENT WITH THE CHECK. ON SEPTEMBER 28, 2000, WILLIE HARRIS WAS CON- TACTED AND FORWARDED INFORMATION ABOUT THE STATUS OF THE CHECK FROM AN EPA SOURCE. THAT'S HOW WE BECAME AWARE OF THE WHEREABOUTS OF THE CHECK. THE CHECK DID GO TO FINANCE, AND UPON WILLIE'S REQUEST WE ISSUED DOCKET AND BD NUMBERS. OVER CONVERSATIONS WE HAD WITH DOT, WE ASKED THEM TO SUBMIT A LETTER STATING THEIR COMPLIANCE STATUS. ON NOVEMBER 1, 2000, THEY SENT US A LETTER STATING THAT THEY HAD MET THE FIELD CITATION COMPLIANCE ORDER. BUT, DOT FAILED TO SHOW PROOF THAT THE TANKS WERE FIBERGLASS, CLAIMING THAT THEY HAVE NO RECORDS TO BACK THEIR CLAIM BESIDE A COUPLE OF BROCHURES AND A TANK CHART FOR FRP TANKS. THEY ALSO CLAIM THEY DID NOT HAVE ANY CONTROL OVER THE FACILITY WHILE IT WAS UNDERGOING CONSTRUCTION. THE PROPERTY DID NOT BELONG TO DOT UNTIL ALL CONSTRUCTION ACTIVITIES HAD BEEN COMPLETED. SO, WE CONTACTED BUSTR FOR SOME HELP. AFTER SEVERAL CORRES- PONDENCE, BUSTR LOCATED A MICROFICHE THAT INDICATED AT THE TIME OF COMMISSION (THE FIRST TIME THE TANKS WERE PUT IN SERVICE), SOMEONE DID SIGN ON THE DOTTED LINE THAT THESE TANKS WERE INDEED FIBERGLASS. WE ACCEPTED THE CONCLUSION THAT DOT REACHED AND ISSUED THEM A LETTER ON DECEMBER 22, 2000 TO CONCLUDE THE FIELD CITATION. FOLLOWUP ACTIONS IN THE FORM OF AN INFORMATION REQUEST LETTER MAY BE CONDUCTED AT THIS SITE AT A LATER DATE JUST TO SEE HOW THEY ARE IMPLEMENTING THE RELEASE DETECTION MONI- TORING PROGRAM.

Defendants (1)

• OHIO DOT MAINTENANCE GARAGENamed in complaintNamed in settlement

Facilities (1)

• OHIO DOT MAINTENANCE GARAGE

  4560 KYLES STATION RD, HAMILTON, OH, 45011

  Registry ID: 110010742946

Statutes cited

• RCRA 9006A — Underground Storage Tanks Compliance Order

Enforcement conclusions (1)

• OHIO DOT MAINTENANCE GARAGEentered 2000-12-22

  Primary law: RCRA

  Federal penalty: $450

Timeline (4 milestones)

• 2000-08-29Complaint Filed/Proposed Order
• 2000-12-22Final Order Issued
• 2000-12-22Enforcement Action Closed
• 2001-01-22Enforcement Action Data Entered