EPA v. DURAN OIL COMPANY, A COLORADO CORPORATION

Case summary

1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. DURAN OIL COMPANY, A COLORADO CORPORATION FACILITY: 700 WOODROW AVENUE RATON, COLFAX COUNTY, NEW MEXICO 87740-2154 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN BY (10 FAILING TO PROVIDE A MEANS OF SECONDARY CONTAINMENT FOR THE ENTIRE CONTENTS OF THE LARGEST TANK PLUS SUFFICIENT FREEBOARD TO ALLOW FOR PRECIPITATION AND FAILING TO PROVIDE SAFE ENGINEERING OF ABOVE GROUND STORAGE TANKS TO PREVENT SPILLS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311 (B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $27,500 FOR THE VIO- LATIONS CITED.

Defendants (1)

• DURAN OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• DURAN OIL CO

  700 WOODROW AVE, RATON, NM, 877402154

  Registry ID: 110010651437

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• DURAN OIL COMPANYentered 1998-08-10

  Primary law: CWA

  Federal penalty: $5,200

Timeline (5 milestones)

• 1998-07-10Complaint Filed/Proposed Order
• 1998-07-17Enforcement Action Data Entered
• 1998-08-10Final Order Issued
• 1998-09-03Compliance Achieved
• 1998-09-03Enforcement Action Closed