EPA v. GRAVES OIL AND BUTANE COMPANY

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. GRAVES OIL AND BUTANE COMPANY FACILITY: ALBUQUERQUE SOUTH VALLEY FACILITY 105 DALE AVENUE ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87198 3. RESPONDENT WAS IN VIOLATION OF SECTION 311 OF THE CWA BY 1) NO EVIDENCE OF THREE-YEAR REVIEW OF PLAN BY OWNER/OP- ERATOR, 2) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT SIGNED BY FACILITY SUPERVISOR, 3) WRITTEN PROCED- URES AND A RECORD OF INSPECTIONS ARE NOT MADE PART OF THE PLAN, 4) PLAN HAS INADEQUATE OR NO DISCUSSION OF PERSON- NEL AND SPILL PREVENTION PROCEDURES, 5) PLAN HAS INADE- QUATE OR NO DISCUSSION OF FACILITY DRAINAGE, 6) INADE- QUATE SECONDARY CONTAINMENT, AND/OR RACK DRAINAGE DOES NOT FLOW TO CATCHMENT BASIN, TREATMENT SYSTEM, OR QUICK DRAINAGE SYSTEM, 7) THERE IS NO INTERLOCKED WARNING LIGHT, PHYSICAL BARRIER SYSTEM, OR WARNING SIGNS TO PRE- VENT VEHICULAR DEPARTURE BEFORE COMPLETE DISCONNECT FROM TRANSFER LINES, AND 8) PLAN HAS INADEQUATE OR NO DISCUSS- ION OF FACILITY TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,000 FOR THE VIOLATIONS CITED.

Defendants (1)

• GRAVES OIL AND BUTANE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ALBUQUERQUE SOUTH VALLEY FAC

  105 DALE ST SE, ALBUQUERQUE, NM, 871050807

  Registry ID: 110010734134

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• GRAVES OIL AND BUTANE COMPANY

  Primary law: CWA

Timeline (3 milestones)

• 1999-06-24Complaint Filed/Proposed Order
• 1999-06-28Enforcement Action Data Entered
• 1999-08-02Enforcement Action Closed