EPA v. BUCK CREEK ASSOCIATES; JOHN TUCKER LEASE NO. 1862, CHEROKEE

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. BUCK CREEK ASSOCIATES; JOHN TUCKER LEASE NO. 1862, CHERO- KEE ALLOTMENT SECTION 17, TOWNSHIP 27 NORTH, RANGE 14 EAST BARTLESVILLE, WASHINGTON COUNTY, OKLAHOMA 74005 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) NO SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN; 2) NO DESIGNATED PERSON RESPONSIBLE FOR SPILL PRE- VENTION; 3) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS; 4) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS; 5) VISUAL TANK INSPECTIONS ARE NOT CON- DUCTED PERIODICALLY BY APPROPRIATE PERSONNEL AND/OR IN- SPECTIONS DO NOT INCLUDE TANK FOUNDATION AND SUPPORTS; AND 6) ABOVE GROUND VALVES AND PIPELINES ARE NOT EXAMINED PERIODICALLY ON A SCHEDULED BASIS FOR GENERAL CONDITION 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)

• BUCK CREEK ASSOCIATESNamed in complaintNamed in settlement

Facilities (1)

• BUCK CREEK ASSOCIATES; JOHN TUCKER LEASE NO. 1862

  SECTION 17, TOWNSHIP 27 N, RANGE 14 E, BARTLESVILLE, OK, 74005

  Registry ID: 110010695042

Statutes cited

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

Enforcement conclusions (1)

• BUCK CREEK ASSOCIATES

  Primary law: CWA

Timeline (2 milestones)

• 2002-01-23Complaint Filed/Proposed Order
• 2002-01-25Enforcement Action Data Entered