EPA v. OGM Ltd d/b/a Clean Water Ltd (Dayton) Consent Agreement and Final Order (CAFO)

Case summary

USEPA and OGM, Ltd d/b/a Clean Water Ltd. agreed to settle various causes of action, including that Respondent is the owner of a bulk oil onshore facility and has a total oil storage capacity of greater than or equal to one million gallons; that the Opossum Creek flows into the Great Miami River, which is a navigable river; that Respondent's facility is located such that a discharge from the facility could cause injury to fish and wildlife and sensitive environments; that said facility is an FRP-regulated facility ; that until August 19, 2013, the facility did not have secondary containment for each aboveground storage area and this constitutes a violation; that an FRP should have been submitted to the EPA Regional Administrator no later than August 30, 1994; that Respondent purchased the facility from Perma-Fix of Dayton in March 2008; that Respondent has not submitted an FRP as required, and that said failure to submit an FRP is a violation. USEPA determined that an appropriate civil penalty to settle the violation alleged in this Consent Agreement Final Order (CAFO) is $30.000.00. USEPA considered the seriousness of violation, economic benefit to the violator, history of prior violations and the CWA Penalty Policy, and Respondent's agreement to perform a supplemental environmental project (SEP) costing at least $30,550.00, and it was agreed that Respondent would pay a civil penalty of $14,725.00 within 30 days of the effective date of the CAFO. The Respondent also agreed to prepare and submit an FRP to USEPA Region V, and amend the facility's Spill Prevention, Control and Countermeasures (SPCC) Plan to update the increased secondary containment of Containment Pad E and submit the amended SPCC to EPA Region V. Respondent must also complete a Supplemental Environmental project (SEP) designed to protect the environment by installing, operating and maintaining automated level controls with overflow sensors on the storage containment units identified in the CAFO at Respondent's bulk oil storage facility. The cost of said SEP must be at least $30,550.00, and must be completed within 120 days of the effective date of this CAFO.

Defendants (1)

• OGM Ltd. d/b/a/ Clean Water Ltd.Named in complaintNamed in settlement

Facilities (6)

• CLEAN WATER LTD

  300 CHEROKEE DR, DAYTON, OH, 45427

  Registry ID: 110042041581

• CLEAN WATER LTD

  300 CHEROKEE DR, DAYTON, OH, 45427

  Registry ID: 110042041581

• CLEAN WATER LTD

  300 CHEROKEE DR, DAYTON, OH, 45427

  Registry ID: 110042041581

• CLEAN WATER LTD

  300 CHEROKEE DR, DAYTON, OH, 45427

  Registry ID: 110042041581

• CLEAN WATER LTD

  300 CHEROKEE DR, DAYTON, OH, 45427

  Registry ID: 110042041581

• CLEAN WATER LTD

  300 CHEROKEE DR, DAYTON, OH, 45427

  Registry ID: 110042041581

Statutes cited

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

Enforcement conclusions (1)

• OGM Ltd d/b/a Clean Water Ltd (Dayton) Consent Agreement and Final Order (CAFO)entered 2014-06-16

  Primary law: CWA

  Federal penalty: $14,725 · SEP: $30,550

Timeline (4 milestones)

• 2014-04-30Public Comment Period Start
• 2014-06-16Complaint Filed/Proposed Order
• 2014-06-16Final Order Issued
• 2014-06-18Enforcement Action Data Entered