9/13/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $121,137, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT'S FACILITY HAS AN OIL STORAGE CAPACITY GREATER THAN ONE MILLION GALLONS AND THE FACILITY'S PROXIMITY TO THE WOLF RIVER AND WETLANDS IS SUCH THAT A DISCHARGE FROM THE FACILITY COULD CAUSE INJURY TO FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS. THEREFORE, PURSUANT TO 40 CFR 112.20(a) AND 112.20(f)(1)(ii)(B), THE FACILITY WAS REUQIRED TO PREPARE AND SUBMIT A FRP.
THE FACILITY SUBMITTED AN FRP ON MAY 1, 2009. HOWEVER, PRIOR TO THAT DATE, THE FACILITY WAS OPERATING WITHOUT AN FRP. THEREFORE, RESPONDENT FAILED TO COMPLY WITH 40 CFR 112.20(a). ACCORDINGLY RESPONDENT VIOLATED SECTION 311(j)(5)(A) OF THE CWA.