EPA v. ATCO PRODUCING COMPANY - BALLUFF AND MERCHANT 'A' RCC ID NO.

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. ATCO PRODUCING COMPANY BALLUFF AND MERCHANT 'A' RRC ID NO. 11110 SOUR LAKE, HARDIN COUNTY, TEXAS 77659 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT SIGNED BY FACILITY SUPERVISOR; 2) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MADE PART OF THE PLAN; 3) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS; 4) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DISPOSED OF IN ACCORD- ANCE WITH THE REGULATIONS; 5) TANK MATERIAL AND CONSTRUC- TION ARE NOT COMPATIBLE WITH THE OIL STORED AND THE CON- DITIONS OF STORAGE; 6) WALLS OF CONTAINMENT ARE SLIGHTLY ERODED OR HAVE LOW AREAS; AND 7) BRINE DISPOSAL FACILI- TIES ARE NOT EXAMINED OFTEN. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,150 FOR THE VIOLATIONS CITED.

Defendants (1)

• ATCO PRODUCING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BALUFF AND MERCHANT 'A', RRC ID NO. 11110

  IN HARDIN COUNTY, SOUR LAKE, TX, 77659

  Registry ID: 110010722370

Statutes cited

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

Enforcement conclusions (1)

• ATCO PRODUCING COMPANYentered 2000-08-09

  Primary law: CWA

  Federal penalty: $1,150

Timeline (5 milestones)

• 2000-07-18Complaint Filed/Proposed Order
• 2000-07-24Enforcement Action Data Entered
• 2000-08-09Final Order Issued
• 2000-08-09Compliance Achieved
• 2000-08-10Enforcement Action Closed