EPA v. LONGVIEW ASPHALT

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. LONGVIEW ASPHALT 1111 COMMERCE MARSHALL, HARRISON COUNTY, TEXAS 75670 3. RESPONDENT WAS IN VIOLATION OF SECTION 311 OF THE CWA BY 1) NO SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN, 2) DRAINAGE FROM UNDIKED AREAS NOT INTO PONDS, LA- GOONS, OR CATCHMENT BASINS, OR NO DIVERSION SYSTEMS TO RETURN SPILLS TO FACILITY, 3) INADEQUATE SECONDARY CON- TAINMENT, AND/OR RACK DRAINAGE DOES NOT FLOW TO CATCHMENT BASIN, TREATMENT SYSTEM, OR QUICK DRAINAGE SYSTEM, 4) THERE IS NO INTERLOCKED WARNING LIGHT, PHYSICAL BARRIER SYSTEM, OR WARNING SIGNS TO PREVENT VEHICULAR DEPARTURE BEFORE COMPLETE DISCONNECT FROM TRANSFER LINES, AND 5) FACILITY NOT FULLY FENCED AND ENTRANCE GATES ARE NOT LOCKED AND/OR GUARDED WHEN PLANT IS UNATTENDED OR NOT IN PRODUCTION. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $2,100 FOR THE VIOLATIONS CITED.

Defendants (1)

• LONGVIEW ASPHALTNamed in complaintNamed in settlement

Facilities (1)

• LONGVIEW ASPHALT

  1111 COMMERCE ST, MARSHALL, TX, 75670

  Registry ID: 110010655996

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• LONGVIEW ASPHALTentered 1998-11-25

  Primary law: CWA

  Federal penalty: $2,100

Timeline (5 milestones)

• 1998-09-22Complaint Filed/Proposed Order
• 1998-09-30Enforcement Action Data Entered
• 1998-11-25Final Order Issued
• 1998-11-25Compliance Achieved
• 1998-11-25Enforcement Action Closed