EPA v. VIRTEX PETROLEUM CO., INC.

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. VIRTEX PETROLEUM CO., INC. FACILITY: KOLODZIEJZCYK UNIT NO. 1 YORKTOWN, DEWITT COUNTY, TEXAS 78164 3. RESPONDENT WAS IN VIOLATION OF SECTION 311 OF THE CWA BY 1) SPCC PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINEER, 2) NO EVIDENCE OF THREE YEAR REVIEW OF PLAN BY OWNER/OPERA- TOR, 3) PLAN DOES NOT DISCUSS APPROPRIATE CONTAINMENT/DI- VERSIONARY STRUCTURES/EQUIPMENT, 4) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDANCE WITH WRITTEN PROCEDURES DEVELOPED FOR THE FACILITY, 5) WRITTEN PROCED- URES AND A RECORD OF INSPECTIONS ARE NOT SIGNED BY FACI- LITY SUPERVISOR, 6) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MADE PART OF THE PLAN, AND 7) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $650 FOR THE VIOLATIONS CITED.

Defendants (1)

• VIRTEX PETROLEUM CO., INC.Named in complaintNamed in settlement

Facilities (1)

• KOLODZIEJZCYK UNIT NO. 1 - YORKTOWN, DEWITT CO., T

  615 UPPER N BROADWAY, STE 525, CORPUS CHRISTI, TX, 78477

  Registry ID: 110010651240

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• VIRTEX PETROLEUM CO., INC.entered 1998-10-14

  Primary law: CWA

  Federal penalty: $650

Timeline (5 milestones)

• 1998-09-15Complaint Filed/Proposed Order
• 1998-09-18Enforcement Action Data Entered
• 1998-10-14Final Order Issued
• 1998-10-14Compliance Achieved
• 1998-10-14Enforcement Action Closed