EPA v. 311_WA_SPCC_CleanEarth

Case summary

On June 27, 2023, Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act by Burlington Environmental located in Tacoma, Washington. Respondent operates a treatment, storage, and disposal facility (TSDF), including a tank farm, at the facility in Tacoma, Washington. An EPA spill prevention, control and countermeasure (SPCC) inspection on September 22, 2022 determined the Respondent failed to develop and implement an adequate SPCC Plan. The SPCC Plan lacked appropriate operational controls and containment for two oil/water separators, lacked required spill reporting criteria, and a specific industry standard for container integrity assessment, among other violations. Further, the plan lacked required elements, e.g. spill quantities and point of contact information, that would allow the plan to function well in the event of a discharge. The facility?s tanks have a storage capacity of approximately 200,000 gallons and are located approximately 1,300 feet from the Blair Waterway, which feeds Commencement Bay and Puget Sound. The Commencement Bay Nearshore/Tideflats area has seen extensive environmental remediation work in recent years. The facility is located in an area with environmental justice concerns. The Respondent agreed to improve its SPCC Plan and include operation and maintenance information for the oil/water separators not currently in the Plan and pay a penalty of $3,719 for the SPCC regulatory violations.

Defendants (2)

• Clean EarthNamed in complaintNamed in settlement
• John CarpenterNamed in complaintNamed in settlement

Facilities (1)

• STERICYCLE ENVIRONMENTAL SOLUTIONS - TACOMA FACILITY

  1701 E ALEXANDER AVE, TACOMA, WA, 98421

  Registry ID: 110014328245

Statutes cited

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

Enforcement conclusions (1)

• 311_WA_SPCC_CleanEarthentered 2023-06-27

  Primary law: CWA

  Federal penalty: $3,719

Timeline (4 milestones)

• 2023-02-08Enforcement Action Data Entered
• 2023-06-27Complaint Filed/Proposed Order
• 2023-06-27Final Order Issued
• 2023-10-30Enforcement Action Closed