EPA v. TMI ENTERPRISES, INC.

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. TMI ENTERPRISES, INC. 624 HIGHWAY 190 WEST PORT ALLEN, WEST BATON ROUGE PARISH, LOUISIANA 70767 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINEER; 2) NO MANAGEMENT APPROVAL OF PLAN; 3) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS; 4) NO TRAINING ON THE APPLICABLE LAWS, RULES, AND REGULATIONS; 5) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY DRAINAGE; 6) MATERIALS OF CONSTRUCTION ARE NOT SUFFICIENTLY IMPERVIOUS; 7) PLAN HAS INADEQUATE OR NO DISCUSSION OF BULK STORAGE TANKS; 8) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TRANSFER OPERATIONS, PUMP- ING, AND IN-PLANT PROCESSES; 9) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TANK CAR AND TANK TRUCK LOADING/ UNLOADING RACK; AND 10) FACILITY NOT FULLY FENCED AND EN- TRANCE GATES ATE NOT LOCKED AND/OR GUARDED WHEN PLANT IS UNATTENDED OR NOT IN PRODUCTION. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,250 FOR THE VIOLATIONS CITED.

Defendants (1)

• TMI ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (2)

• TMI ENTERPRISES, INC. INC

  624 HWY 190 W, PORT ALLEN, LA, 70767

  Registry ID: 110006020359

• TMI ENTERPRISES, INC. INC

  624 HWY 190 W, PORT ALLEN, LA, 70767

  Registry ID: 110006020359

Statutes cited

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

Enforcement conclusions (1)

• TMI ENTERPRISES, INC.

  Primary law: CWA

Timeline (2 milestones)

• 2001-08-09Complaint Filed/Proposed Order
• 2001-08-12Enforcement Action Data Entered