EPA v. KENNETH LOWE - BAUMGARTEN LEASE

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. KENNETH LOWE - BAUMGARTEN LEASE SECTION 23, TOWNSHIP 21 NORTH, RANGE 12 EAST TULSA, TULSA COUNTY, OKLAHOMA 74194 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINEER; 2) NO EVIDENCE OF THREE YEAR REVIEW OF PLAN BY OWNER/OPERA- TOR; 3) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDANCE WITH WRITTEN PROCEDURES DEVELOPED FOR THE FOR THE FACILITY: 4) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS; 5) AC- CUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS; 6) WALLS OF CONTAIN- MENT ARE SLIGHTLY ERODED OR HAVE LOW AREAS; AND 7) VISUAL TANK INSPECTIONS ARE NOT CONDUCTED PERIODICALLY BY APPRO- PRIATE PERSONNEL AND/OR INSPECTIONS DO NOT INCLUDE TANK FOUNDATION AND SUPPORTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,150 FOR THE VIOLATIONS CITED.

Defendants (1)

• Kenneth LoweNamed in complaintNamed in settlement

Facilities (1)

• KENNETH LOWE, BAUMGARTEN LEASE

  SECTION 23, TOWNSHIP 21 N, RANGE 12 E, TULSA, OK, 74194

  Registry ID: 110010591305

Statutes cited

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

Enforcement conclusions (1)

• Kenneth Lowe

  Primary law: CWA

Timeline (3 milestones)

• 2002-01-23Complaint Filed/Proposed Order
• 2002-01-25Enforcement Action Data Entered
• 2002-04-01Enforcement Action Closed