8/20/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,200, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT FEB 3, 2005, A MASTER SHOE RETARDER AT THE FACILITY BREACHED THE DIESEL FUEL TANK OF A LOCOMOTIVE ENGINE CAUSING THE RELEASE OF APPROX 14 BARRELS OF DIESEL FUEL ONTO THE RAIL YARD. AN UNKNOWN AMOUNT OF DIESEL FUEL ENTERED THE UNNAMED TRIBUTARY TO SHADES CREEK. THE FUEL CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE UNNAMED TRIBUTARY OF SHADES CREEK AND/OR ITS ADJOINING SHORELINES, AND THEREFORE WAS A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3, IN VIOLATION OF CWA SEC 311(b)(3).