9/30/04 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $149.
ALLEGATIONS:
A. ON SEPTEMBER 15, 2003, RESPONDENT'S FACILITY WAS INSPECTED BY COMPLAINANT.
B. RESPONDENT'S FACILITY INCLUDED 4 ABOVE-GROUND OIL STORAGE TANKS, WITH STORAGE CAPACITY OF 15,000 GALLONS.
C. RESPONDENT'S FACILITY WAS IN EXISTENCE ON OR BEFORE AUGUST 16, 2002.
D. RESPONDENT FACILITY IS REQUIRED TO HAVE A SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN, AS REQUIRED BY 40 CFR 112.3(a).
E. RESPONDENT MAINTAINED NO WRITTEN RECORDS OF TESTS AND/OR INSPECTIONS, AS REQUIRED BY 40 CFR 112.7(e).
F. RESPONDENT INADEQUATELY SECURED MASTER FLOW AND DRAIN VALVES THAT PERMIT DIRECT OUTWARD FLOW OF TANK'S CONTENTS TO THE SURFACE, WHEN IN NON-OPERATING OR STANDBY STATUS, AS IS REQUIRED BY 40 CFR 112.7(g)(2).
G. RESPONDENT FAILED TO MAINTAIN ADEQUATELY FACILITY LIGHTING NECESSARY TO DISCOVER SPILLS DURING HOURS OF DARKNESS AND TO DETER VANDALISM, AS IS REQUIRED BY 40 CFR 112.7(g)(5).
H. RESPONDENT'S FACILITY HAD NO CONTAINMENT, INCLUDING NO SECONDARY CONTAINMENT STRUCTURES FOR BULK STORAGE CONTAINERS, AS IS REQUIRED BY 40 CFR 112.8(c)(2).
I. RESPONDENT FAILED TO MAINTAIN DIKES SUFFICIENTLY IMPERVIOUS TO CONTAIN DISCHARGED OIL, AS REQUIRED BY 40 CFR 112.8(c)(2).
J. RESPONDENT FAILED TO REGULARLY INSPECT AREAS OUTSIDE OF CONTAINERS FOR SIGNS OF DETERIORATION, DISCHARGES, OR ACCUMULATION OF OIL INSIDE DIKES AREA, AS IS REQUIRED BY 40 CFR 112.8(c)(6)