EPA v. B & D DISPOSAL, INC. - SINTON

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. B & D DISPOSAL, INC. P. O. BOX 1483 ARANSAS PASS, SAN PATRICIO COUNTY, TEXAS 78335 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) NO SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN; 2) NO TRAINING ON THE OPERATION OF AND MAINTENANCE OF EQUIPMENT TO PREVENT DISCHARGES; 3) NO TRAINING ON THE APPLICABLE LAWS, RULES, AND REGULATIONS; 4) SPILL PRE- VENTION BRIEFINGS ARE NOT SCHEDULED AND CONDUCTED PERIOD- ICALLY; 5) EXCESSIVE VEGETATION WHICH AFFECTS THE INTEG- RITY OF THE CONTAINMENT SYSTEM; 6) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS; 7) RECORDS OF INSPECTIONS OF ABOVEGROUND TANKS ARE NOT MAINTAINED; 8) PERIODIC PRESSURE TESTING OF THE VALVES AND PIPELINES IS NOT CONDUCTED; 9) THERE IS NO INTERLOCKED WARNING LIGHT, PHYSICAL BARRIER SYSTEM, OR WARNING SIGNS TO PRE- VENT VEHICULAR DEPARTURE BEFORE COMPLETE DISCONNECT FROM TRANSFER LINES; AND 10) THERE IS NO INSPECTION OF LOWER- MOST DRAINS AND ALL OUTLETS PRIOR TO FILLING AND DEPART- URE OF ANY TANK CAR OR TANK TRUCK. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,900 FOR THE VIOLATIONS CITED.

Defendants (1)

• B & D DISPOSAL, INC.Named in complaintNamed in settlement

Facilities (1)

• B & D DISPOSAL, INC. - SINTON

  PO BOX 1483, ARANSAS PASS, TX, 78335

  Registry ID: 110071166349

Statutes cited

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

Enforcement conclusions (1)

• B & D DISPOSAL, INC.entered 2002-03-19

  Primary law: CWA

  Federal penalty: $1,900

Timeline (5 milestones)

• 2002-02-01Complaint Filed/Proposed Order
• 2002-02-07Enforcement Action Data Entered
• 2002-03-19Final Order Issued
• 2002-03-19Compliance Achieved
• 2002-03-20Enforcement Action Closed