EPA v. PERFORMANCE PETROLEUM COMPANY - HULAH TANK BATTERY

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. PERFORMANCE PETROLEUM COMPANY - HULAH TANK BATTERY NE/4, SECTION 5, TOWNSHIP 28 NORTH, RANGE 10 EAST BARNSDALL, OSAGE COUNTY, OKLAHOMA 74002 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINNER; 2) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS NOT PICKED UP AND RETURNED TO STORAGE OR PROPERLY DIS- POSED OF IN ACCORDANCE WITH THE REGULATIONS; AND 3) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $700 FOR THE VIOLATIONS CITED.

Defendants (1)

• PERFORMANCE PETROLEUM COMPANYNamed in complaintNamed in settlement

Facilities (1)

• PERFORMANCE PETROLEUM CO - HULAH TANK BATTERY

  NE/4, SECTION 5, TOWNSHIP 28 N, RANGE 10 E, BARNSDALL, OK, 74002

  Registry ID: 110010591369

Statutes cited

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

Enforcement conclusions (1)

• PERFORMANCE PETROLEUM COMPANYentered 2002-03-19

  Primary law: CWA

  Federal penalty: $700

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