EPA v. Yoder Oil (Elkhart) CAFO

Case summary

USEPA Region V and Yoder Oil Company, Elkhart, Indiana agreed to settle one or more causes of action under Section 311(b)(6)(B)(i) of the Clean Water Act before the filing of a complaint in their interest and in the public interest. Respondent Yoder Oil is the owner and operator of an onshore bulk oil storage facility. Oil from this facility, in the event of a discharge, could reasonably be expected to flow to storm sewer access points, ultimately reaching the Elkhart River, approximately one and one half to two miles away from the Facility. The Facility's oil, in the event of discharge, could also be reasonably expected to flow 600 feet south to an unnamed water body, either along the topography or through sewers located within or neat the Facility. The Facility has aboveground storage capacity greater than 1,320 gallons of oil in containers each with a shell capacity of at least 55 gallons. The Elkhart River and the unnamed water body are navigable waters of the United States. The Facility is a non-transportation related onshore facility which could reasonably be expected to discharge oil to a navigable water of the United States or shorelines in a harmful quantity, making the Facility an SPCC- regulated facility. Operations commenced at the Facility approximately fifty years ago. Respondent is subject to the SPCC regulations, and is required to prepare and implement a written SPCC plan. On August 23, 2010, the EPA inspected the facility and evaluated the SPCC plan. Following the August 2010 inspection, the Respondent provided EPA with a conditional Professional Engineer's certification for the SPCC plan, dated December 5, 2010. The certifying Professional Engineer stipulated that Respondent must: (1) construct a concrete containment area around the Facility's loading/unloading rack, and (2) replace the existing concrete block retaining wall with a solid concrete retaining wall within eight months of the December certification. Respondent did not address these issues at the Facility until October 15, 2012, when it emptied the Facility's storage tanks to commence construction. During this time Respondent was in violation of 40CFR Section 112.3. Therefore at the time of the August 2010 inspection Respondent did not have an SPCC Plan with a Professional Engineer's certification. Also, at the time of the August 2010 inspection, the Respondent did not provide containment for the loading/unloading rack at the Facility. Respondent's Plan did not address the Facility's conformance with either secondary containment requirements or alternate requirements of compliance for its oil-filled operational equipment. Respondent's Plan also failed to document during the August 2010 inspection, that the diked areas at the Facility were sufficiently impervious to contain discharged oil. Respondent is liable for civil penalties for these violations. USEPA determined that an appropriate civil penalty to settle this action under Section 311(b)(3) and Section 311(j) of the Clean Water Act is $28,770, due within 30 days after the effective date of this Consent Agreement and Final Order (CAFO).

Defendants (1)

• Yoder Oil Co., Inc.Named in complaintNamed in settlement

Facilities (2)

• YODER OIL CO INC

  1125 KENT ST, ELKHART, IN, 465141741

  Registry ID: 110003072763

• YODER OIL CO INC

  1125 KENT ST, ELKHART, IN, 465141741

  Registry ID: 110003072763

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• Yoder Oil (Elkhart) CAFOentered 2014-08-08

  Primary law: CWA

  Federal penalty: $28,770

Timeline (4 milestones)

• 2014-08-08Final Order Issued
• 2014-08-08Complaint Filed/Proposed Order
• 2014-08-08Enforcement Action Closed
• 2014-08-12Enforcement Action Data Entered