EPA v. MCDAY ENERGY CORPORATION - RUYLE UNIT

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. MCDAY ENERGY CORPORATION - RUYLE UNIT RRC ID NO. 05363 5646 MILTON STREET, SUITE 716 DALLAS, DALLAS COUNTY, TEXAS 75206 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY: 1) PLAN NOT CERTIFIED BY A PROFESSIONAL ENGINNER; 2) NO MANAGEMENT APPROVAL OF PLAN; 3) NO EVIDENCE OF THREE YEAR REVIEW OF PLAN BY OWNER/OPERATOR; 4) INADEQUATE OR NO PREDICTION OF EQUIPMENT FAILURE WHICH COULD RESULT IN DISCHARGES; 5) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN ACCORDANCE WITH WRITTEN PROCEDURES DEVELOPED FOR THE FACILITY; 6) WALLS OF CONTAINMENT SYSTEM ARE SLIGHTLY ERODED OR HAVE LOW AREAS; AND 7) VISUAL TANK IN- SPECTIONS ARE NOT CONDUCTED PERIODICALLY BY APPROPRIATE PERSONNEL AND/OR INSPECTIONS DO NOT INCLUDE TANK FOUNDA- TION AND SUPPORT. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,300 FOR THE VIOLATIONS CITED.

Defendants (1)

• MCDAY ENERGY CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• MCDAY ENERGY CORP - RUYLE UNIT RRC ID NO. 05363

  5646 MILTON ST, STE 716, DALLAS, TX, 75206

  Registry ID: 110010688470

Statutes cited

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

Enforcement conclusions (1)

• MCDAY ENERGY CORPORATIONentered 2002-03-06

  Primary law: CWA

  Federal penalty: $1,300

Timeline (5 milestones)

• 2002-02-01Complaint Filed/Proposed Order
• 2002-02-07Enforcement Action Data Entered
• 2002-03-06Final Order Issued
• 2002-03-06Compliance Achieved
• 2002-03-07Enforcement Action Closed