9/6/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
2/5/09 - EPA AND MS DEPT OF ENVIRONMENTAL QUALITY (MDEQ) JOINTLY PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE RESPONDENT'S FACILITY.
ALL ALL TIMES RELEVANT TO THIS CAFO, RESPONDENT WAS A USED OIL TRANSPORTER, AND OWNER AND OPERATOR OF A USED OIL TRANSFER FACILITY. RESPONDENT SHUT DOWN ITS BUSINESS OPERATIONS AND REMOVED ALL OIL FROM THE FACILITY EFFECTIVE AUG 15, 2011.
AT THE TIME OF THE CEI, RESPONDENT WAS STORING USED OIL IN A 1,000-GALLON ABOVEGROUND STORAGE TANK THAT WAS LABELED WITH THE WORDS WASTE OIL.
THE EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.45(g)(1)) BY FAILING TO LABEL THE AFOREMENTIONED 1,000-GALLON ABOVEGROUND STORAGE TANK WITH THE WORDS USED OIL.
AT THE TIME OF THE CEI, RESPONDENT WAS STORING USED OIL IN A 1,000 GALLON ABOVEGROUND STORAGE TANK THAT WAS NOT EQUIPPED WITH A SECONDARY CONTAINMENT SYSTEM.
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.45(e)) BY FAILING TO EQUIP THE AFOREMENTIONED ABOVEGROUND STORAGE TANK WITH A SECONDARY CONTAINMENT SYSTEM.
AT THE TIME OF THE CEI, RESPONDENT STATED THAT USED OIL STORED AT THE FACILITY WAS REMOVED APPROX ONCE EVERY 9 MONTHS.
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED MHWMR PART 279 (40 CFR 279.45(a)) BY STORING USED OIL IN EXCESS OF 35 DAYS WITHOUT COMPL