EPA v. Skytanking USA, Inc. (Chicago, IL) CAFO

Case summary

At all times Respondent operated a bulk oil Storage and distribution facility at 5401 Laramie Avenue, Chicago, IL. Respondent is subject to the spill prevention control and countermeasure plan regulations and is required to prepare and implement a SPCC Plan. Respondent is subject to the facility response plan regulations and is therefore required to submit and maintain an FRP plan in accordance with requirements. On January 6, 2011, Respondent notified the Illinois Emergency Management Agency that an oil spill had occurred at the truck loading area at the facility. On March 1, 2011, EPA received information indicating that strong fuel odors were emanating from the storm sewer adjacent to the facility at 4953 W. 63rd Street. On April 19, 2011 EPA conducted an inspection of the facility. At all times, Respondent?s SPCC Plan was dated July of 2005. On July 28, 2011 and December 28, 2011 EPA issued MATCO requests for information to evaluate MATCO?s and Respondent?s compliance with the CWA and oil pollution prevention regulations. On August 26, 2011 and February 3, 2012, MATCO submitted responses to these information requests. Count 1: After July of 2005, Respondent failed to complete a review and evaluation of the SPCC Plan at least once every five years, in violation of requirements. Count 2: From August of 2009 through August of 2011, Respondent failed to keep records of inspections, tests, discharge prevention briefings and training sessions with the SPCC Plan for a period of three years. Count 3: Respondent failed to design facility drainage systems from undiked areas with a potential for discharge to flow into ponds, lagoons, or catchment basins designed to return it to the facility until July of 2011, as required. Count 4: Respondent failed to include with the FRP checklists, records of inspection, and logs of discharge prevention meetings, training sessions and drills/exercises until August of 2011 in violation of requirements. Count 5: Respondent failed to implement a facility response drill/exercise program until July of 2011 in violation of requirements. Based on an analysis of this case Complainant determined that an appropriate civil penalty to settle this action was $116,900.00, due within 30 days after the effective date of this CAFO.

Defendants (1)

• Skytanking USA Inc.Named in complaintNamed in settlement

Facilities (1)

• MIDWAY AIRPORT FUEL FACILITY (MATCO/SKYTANKING)

  5401 S. LARAMIE, CHICAGO, IL, 60638

  Registry ID: 110043467325

Statutes cited

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

Enforcement conclusions (1)

• Skytanking USA, Inc. (Chicago, IL) CAFOentered 2015-03-06

  Primary law: CWA

  Federal penalty: $116,900

Timeline (7 milestones)

• 2015-01-15Public Comment Period Start
• 2015-03-06Pipeline Closed
• 2015-03-06Compliance Achieved
• 2015-03-06Enforcement Action Closed
• 2015-03-06Final Order Issued
• 2015-03-06Complaint Filed/Proposed Order
• 2015-03-16Enforcement Action Data Entered