EPA v. ELLIS COUNTY PRECINCT NO. 1 - PALMER

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. ELLIS COUNTY PRECINCT NO. 1 600 N. BUSINESS IH 45 PALMER, ELLIS COUNTY, TEXAS 75152 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) INADEQUATE OR NO PREDICTION OF EQUIPMENT FAILURE WHICH COULD RESULT IN DISCHARGES; 2) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY DRAINAGE; 3) SECONDARY CON- TAINMENT APPEARS TO BE GROSSLY INADEQUATE; 4) PLAN HAS INADEQUATE OR NO DISCUSSION OF BULK STORAGE TANKS; 5) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TRANSFER OPERATIONS, PUMPING, AND IN-PLANT PROCESSES; 6) INADE- QUATE SECONDARY CONTAINMENT, AND/OR RACK DRAINAGE DOES NOT FLOW TO CATCHMENT BASIN, TREATMENT SYSTEM, OR QUICK DRAINAGE SYSTEM; 7) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK; AND 8) MASTER FLOW AND DRAIN VALVES THAT PERMIT DIRECT OUTWARD FLOW OF TANK'S CONTENTS TO THE SURFACE ARE NOT SECURED IN CLOSED POSITION WHEN IN A NON-OPERATING OR STANDBY STATUS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,500 FOR THE VIOLATIONS CITED.

Defendants (1)

• ELLIS COUNTY PRECINCT NO. 1Named in complaintNamed in settlement

Facilities (1)

• ELLIS COUNTY PRECINCT NO. 1

  600 N BUSINESS I-45, PALMER, TX, 75152

  Registry ID: 110010756636

Statutes cited

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

Enforcement conclusions (1)

• ELLIS COUNTY PRECINCT NO. 1entered 2001-05-24

  Primary law: CWA

  Federal penalty: $1,500

Timeline (5 milestones)

• 2001-05-02Complaint Filed/Proposed Order
• 2001-05-10Enforcement Action Data Entered
• 2001-05-24Final Order Issued
• 2001-05-30Compliance Achieved
• 2001-05-30Enforcement Action Closed