10/27/10 - SPCC SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,550.
ALLEGED VIOLATIONS:
1. FAILURE 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
a. PLAN DID NOT DISCUSS METHODS OF DISPOSAL OF RECOVERED MATERIALS AS REQUIRED BY 40 CFR 112.7(a)(v);
b. PLAN DID NOT INCLUDE A SITE SPECIFIC PREDICTION OF THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL THAT COULD BE DISCHARGED FOR EACH TYPE OF MAJOR EQUIPMENT FAILURE AS REQUIRED BY 40 CFR 112.7(b);
c. PLAN DID NOT INCLUDE A CONTINGENCY PLAN THAT FOLLOWS 40 CFR 109 AS REQUIRED BY 40 CFR 112.7(d)(1);
D. PLAN DID NOT INCLUDE WRITTEN COMMITMENT TO CLEANUP AN OIL SPILL AS REQUIRED BY 40 CFR 112.7(d)(2);
E. PLAN DID NOT INCLUDE A DISCUSSION OF APPLICABLE MORE STRINGENT STATE RULES, REGULATIONS, AND GUIDELINES AS REQUIRED BY 40 CFR 112.7(j);
F. PLAN DID NOT ADEQUATELY DISCUSS SECONDARY CONTAINMENT FOR TANK BATTERY AND TREATING FACILITIES AS REQUIRED BY 40 CFR 112.9(c)(2). THE SPECIFIC MATERIAL USED TO CONSTRUCT THE DIKE SYSTEM IS NOT IDENTIFIED AND THERE IS NO DISCUSSION OF CONTAINMENT FOR THE TREATER UNITS.
2. THE PROFESSIONAL ENGINEER'S CERTIFICATION STATEMENT IN THE SPCC PLAN DID NOT INCLUDE ALL OF THE ATTESTATIONS AS REQUIRED BY 40 CFR 112.3(d).
3. FAILURE TO IMPLEMENT AN SPCC PLAN AS REQUIRED BY 40 CFR 112.3(a) IN ACCORDANCE WITH THE GUIDELINES FOR PLAN IMPLMENTATION AT 40 CFR 112.7 AND 1