EPA v. Effort Enterprise, Inc. (Indianapolis IN) CAFO

Case summary

For respondent, at all times relevant to this CAFO, the Facility had a total oil storage of 8,000 gallons, and there was a potential discharge pathway from the storm drains at the Facility driveway several yards to the north of the oil tank, and Cheeney Creek flows through sensitive areas including the Ritchey Nature Preserve, and the oil that Respondent stored, handled refined and/or processed at the Facility could reasonable have been expected to discharge to Cheeney Creek and the White River, and Cheeney Creek is a tributary of and flows into the White River and is therefore a navigable water of the United States, and the White River is an interstate river that is used by interstate travelers for recreational or other purposes, and at all times relevant to this CAFO, Respondent was subject to the oil pollution prevention regulations, and was therefore required to prepare and implement a SPCC Plan in accordance with regulations, and at all times relevant to this CAFO, a secondary containment system surrounded the oil tank, and on March 13, 2015, EPA On-Scene Coordinator Jason Sewell arrived at the Facility in connection with responding to an oil discharge to Cheeney Creek and the White River, and on March 13, 2015 OSC requested a copy of Respondent's SPCC Plan for the facility, and on that day Respondent provided OSC Sewell a copy of their SPCC Plan for the facility, a copy of a four-page undated document titled Spill Containment Plan . On March 18, 2015 authorized representatives of EPA conducted an inspection of the Facility to determine Respondent's compliance with the oil pollution prevention regulations and the inspectors observed piping associated with a pump station for filling vans and trucks located outside the secondary containment system. EPA inspectors requested copies of the written procedures for inspections and tests for the three previous years, which Respondent did not provide. Respondent failed to prepare in writing and implement an SPCC Plan, a discussion of the Facility's conformance, did not provide EPA with written procedures for a period of three years. Respondent failed to design facility drainage systems from undiked areas and failed to equip the final discharge of all ditches within the facility with a diversion system. The civil penalty was $35,188 payable by the Respondent.

Defendants (1)

• Effort Enterprises of Indiana, IncNamed in complaintNamed in settlement

Facilities (1)

• EFFORT ENTERPRISES OF INDIANA, INC.

  9967 WESTPOINT DRIVE, INDIANAPOLIS, IN, 46256

  Registry ID: 110069435739

Statutes cited

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

Enforcement conclusions (1)

• Effort Enterprise, Inc. (Indianapolis IN) CAFOentered 2016-07-19

  Primary law: CWA

  Federal penalty: $35,188

Timeline (6 milestones)

• 2016-06-01Public Comment Period Start
• 2016-06-01Complaint Filed/Proposed Order
• 2016-07-19Final Order Issued
• 2016-07-22Enforcement Action Data Entered
• 2016-08-19Pipeline Closed
• 2016-08-19Enforcement Action Closed