EPA v. GRAVES OIL AND BUTANE COMPANY - ALBUQUERQUE SOUTH VALLEY FAC

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, N. M. 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) PLAN HAS INADE- QUATE OR NO DISCUSSION OF PERSONNEL AND SPILL PREVENTION PROCEDURES, 4) INADEQUATE SECONDARY CONTAINMENT, AND/OR RACK DRAINAGE DOES NOT FLOW TO CATCHMENT BASIN, TREATMENT SYSTEM, OR QUICK DRAINAGE SYSTEM, 5) THERE IS NO INTER- LOCKED WARNING LIGHT, PHYSICAL BARRIER SYSTEM, OR WARNING SIGNS TO PREVENT VEHICULAR DEPARTURE BEFORE COMPLETE DIS- CONNECT FROM TRANSFER LINES, AND 6) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TANK CAR AND TANK TRUNK 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 $900 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 COMPANYentered 1999-08-31

  Primary law: CWA

  Federal penalty: $900

Timeline (5 milestones)

• 1999-08-05Complaint Filed/Proposed Order
• 1999-08-13Enforcement Action Data Entered
• 1999-08-31Final Order Issued
• 1999-08-31Compliance Achieved
• 1999-09-01Enforcement Action Closed