9/6/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON JAN 21, 2009, AN INSPECTION WAS CONDUCTED BY THE EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS. EPA FOUND THE FOLLOWING VIOLATIONS OF THE SPCC REGS AT THE TIME OF THE INSPECTION:
A. RESPONDENT FAILED TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILITY, AS REQUIRED BY 40 CFR 112.3(a);
B. RESPONDENT FAILED TO RESTRAIN THE DRAINAGE FROM THE DIKE STORAGE AREAS, AS REQUIRED BY 40 CFR 112.8(b)(1), (b)(2), AND (c)(3)(i);
C. RESPONDENT FAILED TO INSPECT DRAINAGE FROM DIKED AREAS OR RETAINED RAINWATER FOR THE PRESENCE OF OIL AND FAILED TO MAINTAIN RECORDS OF DRAINAGE EVENTS, AS REQUIRED BY 40 CFR 112.8(b)(2); AND (c)(3)(ii), (iii), AND (iv).
D. RESPONDENT FAILED TO PROVIDE APPROPRIATE SECONDARY CONTAINMENT TO PREVENT A DISCHARGE, AS REQUIRED BY 40 CFR 112.7(c), AND FAILED TO DESIGN APPROPRIATE DRAINAGE CONTROLS FROM UNDIKED AREAS, AS REQUIRED BY 40 CFR 112.8(b)(3).
E. RESPONDENT FAILED TO PROVIDE SUFFICIENTLY IMPERVIOUS SECONDARY CONTAINMENT SO AS TO CONTAIN ANY DISCHARGED OIL, AS REQUIRED BY 40 CFR 112.8(c)(2) AND (c)(11).
F. RESPONDENT FAILED TO TEST AND INSPECT ABOVEGROUND CONTAINERS REGULARLY AND MAINTAIN RECORDS OF SUCH INSPECTION AS REQUIRED BY 40 CFR 112.7(e) AND 112.8(c)(6).
G. RESPONDENT FAILED TO ADEQUATELY OBSERVE THE FACILITY'S EFFLUENT TREATMENT SYSTEM TO DETECT POSSIBLE SYSTEM UPSETS THAT COULD CAUSE A DISCHARGE, AS REQUIRED BY