7/16/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $52,000.
COMPLAINANT ALLEGES, AND RESPONDENT NEITHER ADMITS NOR DENIES THAT:
ON APRIL 15, 2007, A DISCHARGE OF OIL OCCURRED WHEN A 500 KILOVOLT TRANSFORMER FAILED AS A RESULT OF A POWER SURGER DURING SEVERE WEATHER. THE TRANSFORMER HAD THE CAPACITY TO HOLD 18,886 GALLONS OF TRANSFORMER OIL. AS A RESULT OF THE TRANSFORMER DAMAGE, IT WAS ESTIMATED THAT 16,550 GALLONS OF TRANSFORMER OIL WAS RELEASED INTO SECONDARY CONTAINMENT. HOWEVER, THE SECONDARY CONTAINMENT WAS NOT ADEQUATE BECAUSE A BURIED PIPE IN THE CONTAINMENT STRUCTURE CAUSED THE OIL TO DISCHARGE TO A DRAINAGE DITCH THAT DRAINED OFFISTE. AS A RESULT, OIL DISCHARGED FROM THE FACILITY THRU AN UNNAMED CREEK TO MARK'S CREEK, AND TRAVELED AT LEAST 1.5 MILES FROM THE FACILITY. IN RESPONSE TO THIS DISCHARGE, AN EPA ON-SCENE COORDINATOR (OSC) CONDUCTED AN SPCC INSPECTION AT THE FACILITY ON APR 16, 2007. AS A RESULT OF THE INSPECTION, THE FOLLOWING SPCC DEFICIENCIES WERE NOTED:
A. RESPONDENT FAILED TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILITY AS REQUIRED BY 40 CFR 112.3(a) IN ACCORDANCE WITH THE GUIDELINES FOR PLAN PREPARATION AT 40 CFR 112.7:
- i. THE PLAN DID NOT DISCUSS THE TYPES OF OIL AND CAPACITY OF EACH CONTAINER AS REQUIRED BY 40 CFR 112.7(a)(3)(i);
- ii. THE PLAN DID NOT INCLUDE AN ADEQUATE PREDICTION OF THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL THAT COULD BE DISCHARGED FOR EACH TYPE OF EQUIPMENT FAILURE AS REQUIRED BY 4