EPA v. TENSAS DELTA LAND COMPANY - WELLS T-26 AND T-123 CENTRAL TAN

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. TENSAS DELTA LAND COMPANY FACILITY: WELLS T-26 AND T-123 CENTRAL TANK BATTERY CYPRESS BAYOU FIELD TROUT, LA SALLE PARISH, LOUISIANA 71371 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) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS; 3) DRAINS FOR THE SECONDARY CONTAINMENT SYSTEMS AT THE TANK BATTERY(IES) AND CENTRAL TREATMENT STATIONS ARE NOT CLOSED AND SEALED AT ALL TIMES EXCEPT WHEN RAINWATER IS BEING DRAINED; 4) TANK MATERIAL AND CONSTRUCTION ARE NOT COMPATIBLE WITH THE OIL STORED AND THE CONDITIONS OF STORAGE; 5) EXCESSIVE VEGETATION WHICH AFFECTS THE INTEG- RITY OF THE CONTAINMENT SYSTEM; 6) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS; 7) VISUAL TANK INSPECTIONS ARE NOT CONDUCTED PERIODICALLY BY APPRO- PRIATE PERSONNEL AND/OR INSPECTIONS DO NOT INCLUDE TANK FOUNDATION AND SUPPORTS; AND 8) ABOVE GROUND VALVES AND PIPELINES ARE NOT EXAMINED PERIODICALLY ON A SCHEDULED BASIS FOR GENERAL CONDITION. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,750 FOR THE VIOLATIONS CITED.

Defendants (1)

• TENSAS DELTA LAND COMPANYNamed in complaintNamed in settlement

Facilities (1)

• TENSAS CO WELLS T-26 & T-123 CENTRAL TANK BTTY

  CYPRESS BAYOU FIELD, TROUT, LA, 71371

  Registry ID: 110010776829

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• TENSAS DELTA LAND COMPANYentered 1999-10-28

  Primary law: CWA

  Federal penalty: $1,750

Timeline (5 milestones)

• 1999-09-22Complaint Filed/Proposed Order
• 1999-09-27Enforcement Action Data Entered
• 1999-10-28Final Order Issued
• 1999-11-01Compliance Achieved
• 1999-11-01Enforcement Action Closed