EPA v. RUSSELL OIL COMPANY

Case summary

1. SECTION 9006 OF THE SOLID WASTE DISPOSAL ACT ( SDWA ), 42 U.S.C. SECTION 6991E. 2. RUSSELL OIL COMPANY 215 EAST 9TH STREET RECTOR, CLAY COUNTY, ARKANSAS 72461 FACILITIES: 1) T & P - MARMADUKE, ARKANSAS 2) BOBBY'S PB/BULK PLANT - RECTOR, ARKANSAS 3) HOLLEY ISLAND STATION - RECTOR, ARKANSAS 4) GOODMAN'S GROCERY - PARAGOULD, ARKANSAS 5) T & P EXPRESS (TOPPERS) - GROVE, ARKANSAS 6) T & P EXPRESS - MONETTE, ARKANSAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 9003 OF RCRA BY: 1A AND 1B) FAILURE TO MAINTAIN THE CORROSION PROTECTION SYSTEMS FOR THE USTS AT FACILITIES #1 AND #3 WHILE THE UST SYSTEMS WERE IN TEMPORARY CLOSURE; 2) FAILURE TO EN- SURE THAT THE IMPRESSED CURRENT CATHODIC PROTECTION SYS- TEM WAS RUNNING PROPERLY EVERY 60 DAYS FOR 11 UST SYS- TEMS; 3) FAILURE TO HAVE THE CATHODIC PROTECTION SYSTEMS TESTED BY A QUALIFIED CATHODIC PROTECTION TESTER WITHIN 6 MONTHS, THEN EVERY 3 YEARS; 4) FAILURE TO COMPLY WITH THE RELEASE DETECTION FOR TANKS AND PIPING REQUIREMENTS TO ASSURE AN ACCEPTABLE MONTHLY RELEASE DETECTION SYSTEM; 5) FAILURE TO CONDUCT AN ANNUAL LINE TIGHTNESS TEST OR COMPLY WITH THE MONTHLY MONITORING REQUIREMENTS FOR PRES- SURIZE LINES; 6) FAILURE TO CONDUCT ANNUAL TESTING OF AUTOMATIC LINE LEAK DETECTORSIN ACCORDANCE WITH THE MANU- FACTURER'S REQUIREMENTS, TO MEET THE REQUIREMENTS FOR UST'S IN ACCORDANCE WITH THE ESTABLISHED REGULATIONS AT THE FACILITIES, AND RESPONDENT'S FAILURE TO MAINTAIN RE- CORDS OF THOSE TESTS; AND 7) FAILURE TO UPGRADE TANKS WITH OVERFILL EQUIPMENT AT FACILITY NO. 2 (BULK PLANT). 4. RELIEF SOUGHT PURSUANT TO SECTION 9006 OF RCRA, EPA PRO- POSED A CIVIL PENALTY OF $314,558 FOR THE VIOLATIONS CITED. EPA ISSUED THE RESPONDENT A COMPLIANCE ORDER TO CORRECT THE VIOLATIONS.

Defendants (1)

• RUSSELL OIL COMPANYNamed in complaintNamed in settlement

Facilities (6)

• HOLLEY ISLAND STA

  12505 HWY 90, RECTOR, AR, 72461

  Registry ID: 110010696096

• BOBBY'S PB/BULK PLT

  215 E 9TH ST, RECTOR, AR, 72461

  Registry ID: 110010778104

• GOODMAN'S GROCERY

  1211 RECTOR RD, PARAGOULD, AR, 72450

  Registry ID: 110010778113

• T & P EXPRESS (TOPPERS)

  HWY 135, OAK GROVE, AR, 72660

  Registry ID: 110010778122

• T & P EXPRESS

  HWY 49, MARMADUKE, AR, 72443

  Registry ID: 110010778097

• T & P

  HWY 18, MONETTE, AR, 72447

  Registry ID: 110010696103

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• RUSSELL OIL COMPANYentered 2005-04-19

  Primary law: RCRA

  Federal penalty: $81,277,000

Timeline (5 milestones)

• 2003-05-15Referred To Dept Of Justice
• 2004-01-20Enforcement Action Data Entered
• 2004-10-26Final Order Lodged
• 2004-10-26Complaint Filed With Court
• 2005-04-19Final Order Entered