Public Notice: Proposed CAFO CWA-05-2024-0008
Summary
The U.S. Environmental Protection Agency (EPA), Region 5 is providing this notice of its intent to file a Proposed Consent Agreement and Final Order (Proposed CAFO) against Heritage-Crystal Clean, LLC (HCC) resolving alleged violations of 40 C.F.R. Part 112, promulgated under Section 311(j) of the Clean Water Act (CWA), 42 U.S.C. §1321(j), by failing to comply with Facility Response Plan (FRP) and Spill Prevention, Control, and Countermeasure (SPCC) Plan requirements, in violation of Section 311(b)(3) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(3). HCC agreed to pay a civil penalty of $96,600 to the Oil Spill Liability Trust Fund.
HCC owns and operates a bulk oil processing, storage, and distribution facility at 3970 West 10th Street, Indianapolis, Indiana (the Facility), that engages in storing, processing, refining, distributing or consuming oil or oil products. EPA conducted an inspection of the Facility from April 15 through April 17, 2013, and issued HCC a request for information on September 13, 2018, to gather information about the Heritage’s development and implementation of its FRP and SPCC Plan, as required under Section 311(j) of the CWA and the Oil Pollution Prevention Regulations at 40 C.F.R. Part 112.
Based on the inspection and follow-up information, EPA alleged HCC failed to comply with the FRP and SPCC requirements of 40 C.F.R. Part 112, at specified times, by failing to: provide management approval for its SPCC Plan; include in it certain controls, descriptions, diagrams, and predictions; keep written records of inspections and tests for three years; design facility drainage systems from un diked areas with a potential to discharge to flow into ponds, lagoons, or catchment basins designed to retain or return oil; construct all bulk storage tank installations to provide a secondary means of containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation and to ensure that diked areas are sufficiently impervious to contain discharged oil; test or inspect each aboveground container for integrity on a regular schedule and at repairs; determine in accordance with industry standards the appropriate qualifications for personnel performing tests and inspections; and prepare and submit an FRP that met requirements.
The CAFO mentions steps HCC has taken and an order it signed with EPA to address the alleged violations.
Applicants or Respondents
Heritage-Crystal Clean, LLC2000 Center Drive, Suite East C300
Hoffman Estates, IL 60192
United States
Docket Numbers
- CWA-05-2024-0008