EPA v. THERMO FLUIDS INC

Case summary

On April 5, 2022, EPA Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act by Thermo Fluids, Inc. (TFI), located in White City, Oregon. TFI operates a used oil transporting, marketing, and processing operation that includes storage tank farm and a loading/unloading dock. An EPA spill prevention, control and countermeasure (SPCC) inspection on October 3, 2018, determined TFI lacked the following: 1) tank gauges on all tanks as prescribed in the SPCC plan, 2) adequate secondary containment for its sludge-bin and on the floor of TFI?s box truck, 3) SPCC-prescribed response equipment being on-site and 4) the SPCC Plan describing adequate response details. In addition, 5) SP-001 tank inspection were not conducted as previously prescribed and the SPCC Plan did not prescribe a schedule for future internal inspections. The Facility's fuel tanks have storage capacity of approximately 260,000 gallons and is connected via about 5,000 feet of roadside ditches to wetlands and the Rogue River. The Rogue River is a major recreational water body, and it supports major salmon species and wildlife habitats. TFI has spent an estimated $40,000 on the following complying actions, including: 1) repairs to box-truck oil containment, 2) tank gauge and high level alarm installation, 3) modifications to the vacuum waste pit, and 4) updates to the SPCC Plan. In addition, Thermo Fluids, Inc. paid a penalty of $2,500 for the SPCC regulatory violations.

Defendants (2)

• SAFETY-KLEEN INCNamed in complaintNamed in settlement
• THERMO FLUIDS INCNamed in complaintNamed in settlement

Facilities (1)

• THERMO FLUIDS INC. WHITE CITY

  535 INDUSTRIAL CIRCLE, WHITE CITY, OR, 97503

  Registry ID: 110040449636

Statutes cited

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

Enforcement conclusions (1)

• THERMO FLUIDS INCentered 2022-04-05

  Primary law: CWA

  Federal penalty: $2,500

Timeline (4 milestones)

• 2021-09-07Enforcement Action Data Entered
• 2022-04-05Final Order Issued
• 2022-04-05Complaint Filed/Proposed Order
• 2022-07-05Enforcement Action Closed