EPA v. BEREXCO INC. - T. WALLACE/NORTHCUT A DIKE FACILITY

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. BEREXCO, INC. - T. WALLACE/NORTHCUT A DIKE FACILITY IN MARSHALL COUNTY MADILL, MARSHALL COUNTY, TEXAS 73446 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 SIGNED BY FACILITY SUPERVISOR; 3) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MADE PART OF THE PLAN; 4) WRITTEN PROCEDURES AND A RECORD OF IN- SPECTIONS ARE NOT MAINTAINED FOR THREE YEARS; 5) EXCESS- IVE VEGETATION WHICH AFFECTS THE INTEGRITY OF THE CON- TAINMENT SYSTEM; AND 6) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS. 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)

• BEREXCO INC.Named in complaintNamed in settlement

Facilities (1)

• BEREXCO, INC. - T. WALLACE/NORTHCUT A DIKE FCTY

  IN MARSHALL COUNTY, MADILL, OK, 73446

  Registry ID: 110010660882

Statutes cited

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

Enforcement conclusions (1)

• BEREXCO INC.entered 2001-07-18

  Primary law: CWA

  Federal penalty: $500

Timeline (5 milestones)

• 2001-06-19Complaint Filed/Proposed Order
• 2001-06-22Enforcement Action Data Entered
• 2001-07-18Final Order Issued
• 2001-07-19Compliance Achieved
• 2001-07-19Enforcement Action Closed