EPA v. SMITH OPERATING AND MANAGEMENT

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. SMITH OPERATING AND MANAGEMENT FACILITY: HUMBLE TENSAS-DELTA LEASE SECTION 14, T6 N, R4 E 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) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDANCE WITH WRITTEN PROCEDURES DEVELOPED FOR THE FACILITY; 3) WRITTEN PROCEDURES AND A RECORD OF IN- SPECTIONS ARE NOT SIGNED BY FACILITY SUPERVISOR; 4) WRIT- TEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MADE PART OF THE PLAN; 5) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS; 6) NO TRAINING ON THE OPERATION AND MAINTENANCE OF EQUIPMENT TO PREVENT DISCHARGES: 7) NO TRAINING ON THE APPLICABLE LAWS, RULES, AND REGULATIONS; 8) NO DESIGNATED PERSON RE- SPONSIBLE FOR SPILL PREVENTION; 9) SPILL PREVENTION BRIEFINGS ARE NOT SCHEDULED AND CONDUCTED PERIODICALLY; 10) PLAN HAS INADEQUATE OR NO DISCUSSION OF PERSONNEL AND SPILL PREVENTION PROCEDURES; 11) TANK MATERIALS AND CON- STRUCTION ARE NOT COMPATIBLE WITH THE OIL STORED AND THE CONDITIONS OF STORAGE; AND 12) VISUAL TANK INSPECTIONS ARE NOT CONDUCTED PERIODICALLY BY APPROPRIATE PERSONNEL AND/OR INSPECTIONS DO NOT INCLUDE TANK FOUNDATION AND SUPPORTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,100 FOR THE VIOLATIONS CITED.

Defendants (1)

• SMITH OPERATING AND MANAGEMENTNamed in complaintNamed in settlement

Facilities (1)

• SMITH OPR AND MGT, HUMBLE TENSAS DELTA LEASE

  SECTION 14, T6 N, R4 E, TROUT, LA, 71371

  Registry ID: 110010735455

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• SMITH OPERATING AND MANAGEMENTentered 1999-10-28

  Primary law: CWA

  Federal penalty: $1,100

Timeline (5 milestones)

• 1999-09-29Complaint Filed/Proposed Order
• 1999-10-01Enforcement Action Data Entered
• 1999-10-28Final Order Issued
• 1999-11-01Compliance Achieved
• 1999-11-01Enforcement Action Closed