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. KENETH 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) INSPECTIONS REQUIRED BY 40 CFR PART 112 ARE NOT IN AC- CORDANCE WITH WRITTEN PROCEDURES DEVELOPED FOR THE FA- CILITY; 3) WRITTEN PROCEDURES AND A RECORD OF INSPECTIONS ARE NOT MAINTAINED FOR THREE YEARS; 4) ACCUMULATED OIL IN THE SECONDARY CONTAINMENT SYSTEM(S) IS PICKED UP AND RE- TURNED TO STORAGE OR PROPERLY DISPOSED OF IN ACCORDANCE WITH THE REGULATIONS; AND 5) 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 $800 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 LOWEentered 2002-04-25

  Primary law: CWA

  Federal penalty: $800

Timeline (5 milestones)

• 2002-04-08Complaint Filed/Proposed Order
• 2002-04-11Enforcement Action Data Entered
• 2002-04-25Final Order Issued
• 2002-04-25Compliance Achieved
• 2002-04-26Enforcement Action Closed