EPA v. Duraflame Stockton SPCC - ESA

Case summary

On December 11, 2018, the U.S. Environmental Protection Agency ( EPA ) inspected the Duraflame Inc facility and found violations of the federal Oil Pollution Prevention regulations at 40 C.F.R. Part 112 (commonly known as the Spill Prevention Control and Countermeasure or SPCC regulations). The specific allegations of violation are listed on the SPCC Inspection Findings, Alleged Violations, and Proposed Penalty Form (hereinafter referred to as the Violations Form ). The SPCC regulations are issued under Section 311(j) of the Clean Water Act, 33 U.S.C. Section1321(j), and are designed to prevent oil spills to surface waters or their adjoining shorelines. Respondent further certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that the violations identified in the Violations Form have been corrected and the facility is now in full compliance with the Oil Pollution Prevention regulations (or that the violations will be corrected and the facility brought into full compliance with the Oil Pollution Prevention regulations within an alternative time frame agreed to by EPA in writing).

Defendants (1)

• Duraflame IncNamed in complaintNamed in settlement

Facilities (1)

• DURAFLAME WEST

  1340 W WASHINGTON ST, STOCKTON, CA, 95203

  Registry ID: 110001187625

Statutes cited

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

Enforcement conclusions (1)

• Duraflame Stocktonentered 2020-07-09

  Primary law: CWA

  Federal penalty: $4,531

Timeline (4 milestones)

• 2020-07-09Complaint Filed/Proposed Order
• 2020-07-09Enforcement Action Closed
• 2020-07-09Final Order Issued
• 2020-07-13Enforcement Action Data Entered