EPA v. RAD-TON CONSTRUCTION

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. RAD-TON CONSTRUCTION 2130 AMERICAN WAY PORT ALLEN, WEST BATON ROUGE PARISH, LOUISIANA 70767 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) NO SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN; 2) NO TRAINING ON THE OPERATION AND MAINTENANCE OF EQUIPMENT TO PREVENT DISCHARGES; 3) NO TRAINING ON THE APPLICABLE LAWS, AND REGULATIONS; 4) NO DESIGNATED PERSON RESPONSIBLE FOR SPILL PREVENTION; 5) SPILL PREVENTION BRIEFINGS ARE NOT SCHEDULED AND CONDUCTED PERIODICALLY; 6) DRAINAGE FROM UNDIKED AREAS NOT INTO PONDS, LAGOONS, OR CATCHMENT BASINS, OR NO DIVERSION SYSTEMS TO RETURN SPILLS TO THE FACILITY; 7) MATERIALS OF CONSTRUCTION ARE NOT SUFFICIENTLY IMPERVIOUS; 8) RECORDS OF INSPECTIONS OF ABOVEGROUND TANKS ARE NOT MANTAINED; 9) INADEQUATE SECONDARY CONTAINMENT, AND/OR RACK DRAINAGE DOES NOT FLOW TO CATCHMENT BASIN, TREATMENT SYSTEM, OR QUICK DRAINAGE SYSTEM; AND 10) THERE IS NO INTERLOCKED WARNING LIGHT, PHYSICAL BARRIER SYSTEM, OR WARNING SIGNS TO PREVENT VEHICULAR DEPARTURE BEFORE COMPLETE DISCONNECT FROM TRANSFER LINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $2,500 FOR THE VIOLATIONS CITED.

Defendants (1)

• RAD-TON CONSTRUCTIONNamed in complaintNamed in settlement

Facilities (1)

• RAD-TON CONST

  2130 AMERICAN WAY, PORT ALLEN, LA, 70767

  Registry ID: 110010733769

Statutes cited

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

Enforcement conclusions (1)

• RAD-TON CONSTRUCTIONentered 2001-10-25

  Primary law: CWA

  Federal penalty: $2,500

Timeline (5 milestones)

• 2001-08-09Complaint Filed/Proposed Order
• 2001-08-13Enforcement Action Data Entered
• 2001-10-25Final Order Issued
• 2001-10-25Compliance Achieved
• 2001-11-01Enforcement Action Closed