EPA v. Big Oat's Oil Field Supply Company, LLC (Willoughby OH) CAFO

Case summary

Respondent, Big Oat' Oil Field Supply Company LLC, is the owner and operator of an onshore bulk oil storage facility, which could reasonably be expected to discharge oil to a navigable water of the United States. Operations commenced at the facility over fifty years ago. Respondent is subject to the SPCC regulations. The regulations of the Clean Water Act require that the owner or operator of an SPCC-regulated facility prepare and implement a written SPCC plan. On May 28, 2013 EPA inspected this facility and evaluated its SPCC plan, which was prepared on September 5, 2009. An owner is required to amend the facility?s SPCC plan when there is a change in the facility design that materially affects its potential for a discharge. Respondent did not amend the facility?s SPCC Plan within six months of removing a 13,000 gallon diesel tank in 2009, after installing three fuel tanks at the facility in 2010, nor after constructing or reutilizing an on-site Fuel Barn for storage of mobile or portable containers in violation of 40CFR Section 112.5. Respondent also did not include all applicable rule requirements in the SPCC Plan, such as those pertaining to mobile or portable containers or integrity testing in violation of 40 CFR Section 112.7. In addition, the regulations require to prepare an SPCC plan that describes the facility?s physical layout and includes a diagram of all regulated fixed oil storage containers, storage areas where mobile and/or portable containers are located, etc. During its inspection, EPA observed three fuel tanks and the Fuel Barn, but they were not described within the facility?s SPCC Plan. Additionally, the facility?s SPCC plan did not address the type of oil and storage capacity of each fixed container at the facility, nor the type of oil and storage capacity for mobile or portable containers. The Facility?s plan did not include an adequate prediction of the direction, rate of flow, and total quantity of oil which could be discharged from the facility. Also, the plan did not completely describe the appropriate containment and/or diversionary structures at the facility to prevent a discharge. Also, during the inspection, records related to tank truck inspections and testing of liquid level sensing equipment were not available for review. Warning systems, signs of wheel clocks were not in place during the inspection of the facility. The Facility?s SPCC plan did not adequately describe each of the undiked areas with a potential for discharge, or the Facility?s drainage systems nor how the facility?s oil/water separator is operated and maintained. During the inspection EPA observed stressed vegetation and staining from a spill. The facility?s plan does not adequately describe each of the undiked areas with a potential for discharge, nor the secondary means of containment. The civil penalty agreed to in this CAFO was $12,600, payable within 30 days of the effective date of this CAFO.

Defendants (1)

• Big Oat's Oil Field Supply Company, LLCNamed in complaintNamed in settlement

Facilities (2)

• BIG OAT'S OIL FIELD SUPPLY COMPANY, LLC

  38700 PELTON ROAD, WILLOUGHBY, CITY OF, OH, 44094

  Registry ID: 110009654454

• BIG OAT'S OIL FIELD SUPPLY COMPANY, LLC

  38700 PELTON ROAD, WILLOUGHBY, CITY OF, OH, 44094

  Registry ID: 110009654454

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• Big Oat's Oil Field Supply Company, LLC (Willoughby OH) CAFOentered 2015-05-27

  Primary law: CWA

  Federal penalty: $12,600

Timeline (3 milestones)

• 2015-05-27Complaint Filed/Proposed Order
• 2015-05-27Final Order Issued
• 2015-06-02Enforcement Action Data Entered