EPA v. EUREKA READY MIX BULK STORAGE

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. EUREKA READY MIX BULK STORAGE 1105 OAK STREET CORSICANA, NAVARRO STREET, TEXAS 75110 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) NO EVIDENCE OF THREE-YEAR REVIEW OF PLAN BY OWNER/ OPERATOR; 2) WRITTEN PROCEDURES AND A RECORD OF INSPECT- IONS ARE NOT MAINTAINED FOR THREE YEARS; 3) PLAN HAS IN- ADEQUATE OR NO DISCUSSION OF PERSONNEL AND SPILL PREVENT- ION PROCEDURES; 4) THERE IS NO INTERLOCKED WARNING LIGHT, PHYSICAL BARRIER SYSTEM, OR WARNING SIGNS TO PREVENT VE- HICULAR DEPARTURE BEFOR COMPLETE DISCONNECT FROM TRANSFER LINES; 5) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILI- TY TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK; AND 6) FACILITY LIGHTING NOT COMMENSURATE WITH THE TYPE AND LO- CATION OF FACILITY TO FACILITATE THE DISCOVERY OF SPILLS DURING HOURS OF DARKNESS AND TO DETER VANDALISM. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $500 FOR THE VIOLATIONS CITED.

Defendants (1)

• EUREKA READY MIXNamed in complaintNamed in settlement

Facilities (1)

• EUREKA READY MIX INC BULK STORAGE

  1105 OAK ST, CORSICANA, TX, 751103289

  Registry ID: 110010733901

Statutes cited

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

Enforcement conclusions (1)

• EUREKA READY MIX BULK STORAGEentered 2000-06-14

  Primary law: CWA

  Federal penalty: $500

Timeline (5 milestones)

• 2000-05-17Complaint Filed/Proposed Order
• 2000-05-23Enforcement Action Data Entered
• 2000-06-14Final Order Issued
• 2000-06-14Compliance Achieved
• 2000-06-16Enforcement Action Closed