EPA v. PETROLINK; DBA EVER-READY OIL, A NEW MEXICO 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. PETROLINK; DBA EVER-READY OIL 1200 1ST STREET NW ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87102 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR ITS FACILITY, AS RE- QUIRED. THE FACILITY ALSO DID NOT HAVE A SECONDARY MEANS OF CONTAINMENT FOR THE BULK STORAGE TANKS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSED A CLASS I PENALTY OF $27,500 FOR THE VIOLATIONS CITED.

Defendants (1)

• PETROLINK; DBA EVER-READY OILNamed in complaintNamed in settlement

Facilities (2)

• PETROLINK; DBA EVER-READY OIL

  1200 1ST ST NW, ALBUQUERQUE, NM, 871021530

  Registry ID: 110010697380

• PETROLINK; DBA EVER-READY OIL

  1200 1ST ST NW, ALBUQUERQUE, NM, 871021530

  Registry ID: 110010697380

Statutes cited

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

Enforcement conclusions (1)

• PETROLINK; DBA EVER-READY OILentered 1999-11-16

  Primary law: CWA

  Federal penalty: $1,000

Timeline (5 milestones)

• 1999-06-28Complaint Filed/Proposed Order
• 1999-06-29Enforcement Action Data Entered
• 1999-11-16Final Order Issued
• 1999-11-29Compliance Achieved
• 1999-12-01Enforcement Action Closed