EPA v. SEAL MASTER, INC., 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. SEAL MASTER, INC., A NEW MEXICO COMPANY 5216 WILSHIRE AVENUE NE ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87113 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY 1) FAILING TO IMPLEMENT AN SPCC PLAN FOR ITS FACILITY, 2) NO SECONDARY MEANS OF CONTAINMENT FOR THE BULK STORAGE TANKS, 3) FACILITY'S TANK TRUCK LOADING/UNLOADING RACK HAD NEITHER A SECONDARY MEANS OF CONTAINMENT, NOR A CATCHMENT BASIN, NOR A TREATMENT SYSTEM DESIGNED TO HAN- DLE SPILLS, AND 4) OWNER/OPERATOR FAILED TO PROVIDE ADE- QUATE LIGHTING TO FACILITATE THE DISCOVERY OF SPILLS DUR- ING HOURSOF DARKNESS AND TO DETER VANDALISM. 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)

• SEAL MASTER, INC.Named in complaintNamed in settlement

Facilities (2)

• NEEUS CORP SEALMASTER ALBUQUERQUE

  5216 WILSHIRE AVE NE, ALBUQUERQUE, NM, 87113

  Registry ID: 110006624572

• NEEUS CORP SEALMASTER ALBUQUERQUE

  5216 WILSHIRE AVE NE, ALBUQUERQUE, NM, 87113

  Registry ID: 110006624572

Statutes cited

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

Enforcement conclusions (1)

• SEAL MASTER, INC.entered 2000-02-29

  Primary law: CWA

  Federal penalty: $2,500

Timeline (5 milestones)

• 1999-06-28Complaint Filed/Proposed Order
• 1999-06-29Enforcement Action Data Entered
• 2000-02-29Final Order Issued
• 2000-04-26Compliance Achieved
• 2000-05-01Enforcement Action Closed