EPA v. CHOLLA PETROLEUM, INC. - UNDERHILL LEASE

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. CHOLLA PETROLEUM, INC. - UNDERHILL LEASE ABOUT 3 MILES WEST OF THE CITY MADILL. MARSHALL COUNTY, OKLAHOMA 73446 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) NO PLAN AMENDMENT(S) IF THE FACILITY HAS HAD A CHANGE IN: DESIGN, CONSTRUCTION, OPERATION, OR MAINTEN- ANCE WHICH AFFECTS THE FACILITY'S DISCHARGE POTENTIAL; 2) PLAN DOES NOT DISCUSS APPROPRIATE CONTAINMENT/DIVERSION- ARY STRUCTURES/EQUIPMENT; 3) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDANCE WITH WRITTEN PROCED- URES DEVELOPED FOR THE FACILITY; 4) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED AND RE- TURNED TO STORAGE OR PROPERLY DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS; 5) DRAINS FOR THE SECONDARY CON- TAINMENT SYSTEMS AT THE TANK BATTERY(IES) AND CENTRAL TO TREATMENT STATIONS ARE NOT CLOSED AND SEALED AT ALL TIMES EXCEPT WHEN RAINWATER IS BEING DRAINED; 6) PRIOR TO DRAINAGE, RAIN WATER RUNOFF IS NOT INSPECTED TO ENSURE COMPLIANCE WITH WATER STANDARDS AND COULD CAUSE A HARMFUL DISCHARGE; 7) BYPASS VALVE IS NOT OPENED AND RESEALED UNDER RESPONSIBLE SUPERVISION; AND 8) ADEQUATE RECORDS OF DRAINAGE EVENTS ARE NOT MAINTAINED. 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)

• CHOLLA PETROLEUM, INC.Named in complaintNamed in settlement

Facilities (1)

• CHOLLA PETROLEUM, INC. - UNDERHILL LEASE

  ABOUT 3 M W OF THE CITY, MADILL, OK, 73446

  Registry ID: 110010660873

Statutes cited

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

Enforcement conclusions (1)

• CHOLLA PETROLEUM, INC.entered 2001-07-31

  Primary law: CWA

  Federal penalty: $1,150

Timeline (5 milestones)

• 2001-06-19Complaint Filed/Proposed Order
• 2001-06-22Enforcement Action Data Entered
• 2001-07-31Final Order Issued
• 2001-08-02Compliance Achieved
• 2001-08-02Enforcement Action Closed