EPA v. SHANA PETROLEUM

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). 2. SHANA PETROLEUM FACILITY: C. W. MCDERMOTT BATTERY #1 COUNTY ROAD 114 NADA, COLORADO COUNTY, TEXAS 77434 3. RESPONDENT WAS IN VIOLATION OF SECTION 311 OF THE CWA BY 1) NO MANAGEMENT APPROVAL OF PLAN, 2) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT SIGNED BY FACILITY SUPERVISOR, 3) WRITTEN PROCEDURES AND A RECORD OF IN- SPECTIONS ARE NOT MADE PART OF THE PLAN, 4) WRITTEN PRO- CEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS, 5) NO TRAINING ON THE OPERATION AND MAINTENANCE OF EQUIPMENT TO PREVENT DISCHARGES, 6) NO TRAINING ON THE APPLICABLE LAWS, RULES, AND REGULATIONS, 7) NO DESIGNATED PERSON RESPONSIBLE FOR SPILL PREVENTION, 8) SPILL PREVENTION BRIEFINGS ARE NOT SCHEDULED AND CON- DUCTED PERIODICALLY, 9) PLAN HAS INADEQUATE OR NO DISCUS- SION OF PERSONNEL AND SPILL PREVENTION PROCEDURES, 10) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DIS- POSED OF IN ACCORDANCE WITH THE REGULATIONS, 11) ADEQUATE RECORDS OF DRAINAGE EVENTS ARE NOT MAINTAINED, AND 12) INADEQUATE OR NO FLOWLINE MAINTENANCE PROGRAM (INCLUDES: EXAMINATION, CORROSION PROTECTION AND FLOWLINE REPLACE- MENT). 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,250 FOR THE VIOLATIONS CITED.

Defendants (1)

• SHANA PETROLEUMNamed in complaintNamed in settlement

Facilities (1)

• C.W. MCDEMOTT BATTERY #1

  COUNTY RD 114, NADA, TX, 77460

  Registry ID: 110010734553

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• SHANA PETROLEUM

  Primary law: CWA

Timeline (3 milestones)

• 1998-11-24Complaint Filed/Proposed Order
• 1998-12-28Enforcement Action Data Entered
• 1999-01-11Enforcement Action Closed