EPA v. RIVER CITY OIL 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. RIVER CITY OIL COMPANY - BULK STORAGE 1415 EAST 9TH STREET LITTLE ROCK, PULASKI COUNTY, ARKANSAS 72202 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) NO PLAN AMENDMENT(S) IF THE FACILITY HAS HAD A CHANGE IN DESIGN, CONSTRUCTION, OPERATION, OR MAINTENANCE WHICH AFFECTS THE FACILITY'S DISCHARGE POTENTIAL, 3) A- MENDMENT(S) NOT CERTIFIED BY A PROFESSIONAL ENGINEER, 4) INADEQUATE OR NO PREDICTION OF EQUIPMENT FAILURE WHICH COULD RESULT IN DISCHARGES, 5) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDANCE WITH WRITTEN PROCED- URES DEVELOPED FOR THE FACILITY, 6) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT SIGNED BY FACILITY SUPERVISOR, 7) WRITTEN PROCEDURES AND A RECORD OF IN- SPECTIONS ARE NOT MADE PART OF THE PLAN, 8) WRITTEN PRO- CEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS, 9) SPILL PREVENTION BRIEFINGS ARE NOT SCHEDULED AND CONDUCTED PERIODICALLY, 10) PLAN HAS INADE- QUATE OR NO DISCUSSION OF PERSONNEL AND SPILL PREVENTION PROCEDURES, 11) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS, 12) ADEQUATE RECORDS OF DRAIN- AGE EVENTS ARE NOT MAINTAINED, 13) PLAN HAS INADEQUATE OR NO DISCUSSION OF BULK STORAGE TANKS, AND 14) PLAN HAS IN- ADEQUATE OR NO DISCUSSION OF FACILITY TRANSFER OPERA- TIONS, PUMPING, AND IN-PLANT PROCESSES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $950 FOR THE VIOLATIONS CITED.

Defendants (1)

• RIVER CITY OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• RIVER CITY OIL CO - BULK STORAGE

  1415 E 9TH ST, LITTLE ROCK, AR, 722024217

  Registry ID: 110010657459

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• RIVER CITY OIL COMPANYentered 1999-09-13

  Primary law: CWA

  Federal penalty: $950

Timeline (5 milestones)

• 1999-07-21Complaint Filed/Proposed Order
• 1999-07-22Enforcement Action Data Entered
• 1999-09-13Final Order Issued
• 1999-09-13Compliance Achieved
• 1999-09-13Enforcement Action Closed