12/27/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000. RESPONDENT SHALL MAKE PAYMENT THE FIRST OF TWO INSTALLMENTS OF $5,006.24 WITHIN THIRTY DAYS. THE SECOND AND FINAL INSTALLMENT IS DUE BY JUNE 1, 2011.
ORDER ALLEGES:
ON JANUARY 12, 2006, AND IN OCTOBER, 2009, EPA INSPECTED THE FACILITY AND FOUND THAT RESPONDENT HAD FAILED TO TIMELY PREPARE AN SPCC PLAN FOR THE FACILITY IN ACCORDANCE WITH 40 CFR SECTION 112.7 AND ANY APPLICABLE SECTIONS OF 40 CFR PART 112.
THEREFORE, RESPONDENT FAILED TO PREPARE A WRITTEN SPCC PLAN ( PLAN ) FOR THE FACILITY IN ACCORDANCE WITH 40 CFR SECTION 112.7 AND ANY OTHER APPLICABLE SECTIONS OF 40 CFR PART 112 IN VIOLATION OF 40 CFR SECTION 112.3(a).
DURING THE JANUARY 12, 2006, INSPECTION, EPA FOUND THAT THE SECONDARY CONTAINMENT FOR THE LOADING RACK WAS BREACHED IN SEVERAL AREAS AND WAS NOT CAPABLE OF CONTAINING ANY RELEASES IN THE AREA AND DID NOT MEET THE REQUIREMENTS OF 40 CFR SECTION 112.7(h)(1).
THEREFORE, RESPONDENT FAILED TO IMPLEMENT THE SPCC PLAN AS REQUIRED BY 40 CFR SECTION 112.3 IN ACCORDANCE WITH THE GUIDELINES FOR PLAN IMPLEMENTATION AT 40 CFR SECTION 112.7 AND ANY OTHER APPLICABLE SECTIONS OF 40 CFR PART 112 IN VIOLATION OF 40 CFR SECTION 112.3(a).