EPA v. DELTON DRUM - T. GONZELMAN LEASE, F.H. GREEN SURVEY

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. DELTON DRUM T. GONZELMAN LEASE, F H. GREEN SURVEY BATSON, HARDIN COUNTY, TEXAS 77519 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: NO EVIDENCE OF 3-YEAR REVIEW OF PLAN BY OWNER/OPERA- TOR; 2) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDNANCE WITH WRITTEN PROCEDURES DEVELOPED FOR THE FACILITY; 3) WRITTEN PROCEDURES AND A RECORD OF INSPECT- IONS ARE NOT MAINTAINED FOR 3 YEARS; 4) NO TRAINING ON THE OPERATION AND MAINTENANCE OF EQUIPMENT TO PREVENT DISCHARGES; 5) NO TRAINING ON THE APPLICABLE LAWS, RULES, AND REGULATIONS; 5) NO DESIGNATED PERSON RESPONSIBLE FOR SPILL PREVENTION; 6) SPILL PREVENTION BRIEFINGS ARE NOT SCHEDULED AND CONDUCTED PERIODICALLY; 7) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DISPOSED OF IN AC- CORDANCE WITH THE REGULATIONS; 8) DRAINS FOR THE SECOND- ARY CONTAINMENT SYSTEMS AT THE TANK BATTERY(IES) AND CEN- TRAL TREATMENT STATIONS ARE NOT CLOSED AND SEALED AT ALL TIMES EXCEPT WHEN RAINWATER IS BEING DRAINED; 9) TANK MATERIAL AND CONSTRUCTION ARE NOT COMPATIBLE WITH THE OIL STORED AND THE CONDITIONS OF STORAGE; AND 10) VISUAL TANK INSPECTIONS ARE NOT CONDUCTED PERIODICALLY BY APPROPRIATE PERSONNEL AND/OR INSPECTIONS DO NOT INCLUDE TANK FOUNDA- TION AND SUPPORTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,450 FOR THE VIOLATIONS CITED.

Defendants (1)

• DELTON DRUMNamed in complaintNamed in settlement

Facilities (1)

• T. GONZELMAN LEASE, F.H. GREEN SURVEY

  IN HARDIN COUNTY, BATSON, TX, 77519

  Registry ID: 110010777604

Statutes cited

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

Enforcement conclusions (1)

• DELTON DRUM

  Primary law: CWA

Timeline (3 milestones)

• 2000-07-18Complaint Filed/Proposed Order
• 2000-07-24Enforcement Action Data Entered
• 2001-02-01Enforcement Action Closed