EPA v. INDUSTRIAL 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. INDUSTRIAL ENTERPRISES, INC. 2725 BERIN DRIVE BATON ROUGE, EAST BATON ROUGE PARISH, LOUISIANA 70800 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINEER; 2) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MADE PART OF THE PLAN; 3) PLAN HAS INADEQUATE OR NO DIS- CUSSION OF PERSONNEL AND SPILL PREVENTION PROCEDURES; 4) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY DRAIN- AGE; 5) MATERIALS OF CONSTRUCTION ARE NOT SUFFICIENTLY IMPREVIOUS; 6) ABOVEGROUND TANKS NOT SUBJECT TO PERIODIC INTEGRITY TESTING, SUCH AS VISUAL, HYDROSTATIC, AND NON- DESTRUCTIVE METHODS; 7) RECORDS OF INSPECTIONS OF ABOVE- GROUND TANKS ARE NOT MAINTAINED; 8) MOBILE OR PORTABLE STORAGE TANKS ARE NOT POSITIONED TO PREVENT SPILLED OIL FROM REACHING NAVIGABLE WATER, OR ARE IN AREA SUBJECT TO FLOODING; 9) SECONDARY CONTAINMENT INADEQUATE FOR MOBILE OR PORTABLE STORAGE TANKS; 10) PLAN HAS INADEQUATE OR NO DISCUSSION OF BULK STORAGE TANKS; 11) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY TRANSFER OPERATIONS, PUMP- ING, AND IN-PLANT PROCESSES; 12) THERE IS NO INSPECTION OF LOWERMOST DRAINS AND ALL OUTLETS PRIOR TO FILLING AND DEPARTURE OF ANY TANK CAR OR TANK TRUCK; 13) PLAN HAS IN- ADEQUATE OR NO DISCUSSION OF FACILITY TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK; 14) FACILITY NOT FULLY FENCED AND ENTRANCE GATES ARE NOT LOCKED AND/OR GUARDED WHEN PLANT IS UNATTENDED OR NOT IN PRODUCTION; AND 15) PLAN HAS INADEQUATE OR NO DISCUSSION OF FACILITY SE- CURITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $2,050 FOR THE VIOLATIONS CITED.

Defendants (1)

• INDUSTRIAL ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL ENTERPRISES, INC.

  2725 BERIN DR, BATON ROUGE, LA, 70801

  Registry ID: 110006794184

Statutes cited

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

Enforcement conclusions (1)

• INDUSTRIAL ENTERPRISES, INC.entered 2001-06-13

  Primary law: CWA

  Federal penalty: $2,050

Timeline (5 milestones)

• 2001-05-02Complaint Filed/Proposed Order
• 2001-05-10Enforcement Action Data Entered
• 2001-06-13Final Order Issued
• 2001-06-13Compliance Achieved
• 2001-06-18Enforcement Action Closed