EPA v. HERITAGE CRYSTAL CLEAN -AOC

Case summary

Based upon the Findings of Fact and Conclusions of Law set forth, EPA hereby orders Respondent to comply with all requirements of this Order and the Oil Pollution Prevention regulations at 40 C.F.R. Part 112, as they pertain to secondary containment, promulgated under Section 311 of the federal CWA, 33 U.S.C. 1321, and to specifically perform the following actions in order to be in compliance with the CWA: A. Respondent shall complete all Facility upgrades and corrective actions as described in Appendix A - Scope of Work, which is hereby incorporated into this Order. Respondent shall submit evidence of completion of the upgrades and corrective actions required by the Scope of Work in the form of a report (Completion Report) documenting the same and according to the deadline set forth in the attached Scope of Work, unless EPA grants an extension for the completion thereof. B. By no later than September 1, 2024, Respondent must be in full compliance with the requirements of the Oil Pollution Prevention regulations at 40 C.F.R. 112.7 and 112.8, including the requirement to restrain drainage from diked storage areas, provide a secondary means of containment for bulk storage container installations for the entire capacity of the largest single container and sufficient freeboard to contain precipitation, and ensure that diked areas are sufficiently impervious to contain discharged oil.

Defendants (1)

• HERITAGE CRYSTAL CLEAN LLCNamed in complaintNamed in settlement

Facilities (4)

• HERITAGE-CRYSTAL CLEAN LLC

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

• HERITAGE-CRYSTAL CLEAN LLC

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

• HERITAGE-CRYSTAL CLEAN LLC

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

• HERITAGE-CRYSTAL CLEAN LLC

  3970 W 10TH ST, INDIANAPOLIS, IN, 46222

  Registry ID: 110000493644

Statutes cited

• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• HERITAGE CRYSTAL CLEAN -AOCentered 2024-03-20

  Primary law: CWA

Timeline (2 milestones)

• 2024-03-20Final Order Issued
• 2024-03-21Enforcement Action Data Entered