10/23/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $93,936.
ALLEGATIONS:
ON AUG 12, 2007, RESPONDENT'S 10,000 GALLON TRANSFORMER AT THE H.L. SPURLOCK GENERATING STATION EXPLODED, DISCHARGING APPROXIMATELY 6,000 GALLONS OF MINERAL OIL INTO OR UPON THE OHIO RIVER AND ITS ADJOINING SHORELINES.
ON DEC 18, 2007, EPA CONDUCTED AN INVESTIGATION OF THE FACILITY TO DETERMINE THE FACILITY'S COMPLIANCE WITH THE REQUIREMENTS OF 40 CFR PART 112.
ALTHOUGH RESPONDENT HAD AN SPCC PLAN, THE PLAN DID NOT MEET THE REQUIREMENTS OF 40 CFR 112.7 AND 112.8 BECAUSE, AMONG OTHER DEFICIENCIES, EPA DETERMINED THAT IT HAD NOT BEEN UPDATED TO REFLECT THE ADDITION OF NEW EQUIPMENT INSTALLED BY THE FACILITY. IN ADDITION, THE RESPONDENT FAILED TO PROVIDE CONTAINMENT AS NECESSARY TO COMPLY WITH REQUIREMENTS OF 40 CFR PART 112 FOR ITS OIL CONTAINING EQUIPMENT.