Summary

The U.S. Environmental Protection Agency (EPA) is authorized under Section 311(b)(6)(A) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(6)(A), as amended by the Oil Pollution Act of 1990, to assess civil penalties. Under CWA section 311(b)(6), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility who fails or refuses to comply with any regulation issued under CWA section 311(j), to which that owner, operator, or person in charge is subject, may be assessed a civil penalty. CWA section 311(b)(6)(C) requires EPA to provide public notice of and a reasonable opportunity to comment on its proposed penalties. The specific procedures for conducting CWA section 311(b)(6)(A) penalty proceedings are further set forth in the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation /Termination or Suspension of Permits," 40 C.F.R. Part 22.

EPA Region IX hereby gives notice of two proposed settlements, recorded in two Consent Agreements and Final Orders (“Proposed Consent Agreements”), between EPA and Paul Oil Company, Inc., to resolve the following civil administrative penalty proceedings under Section 311(b)(6) of the CWA, 33 U.S.C. § 1321(b)(6):

1. In the Matter of Paul Oil Company, Inc., EPA Docket Number OPA-09-2016-0003, regarding the Paul Oil Company, Inc., facility at 511 S. 2nd Street, Patterson, California. EPA filed the administrative complaint pursuant to 40 C.F.R. § 22.13(a) on April 7, 2016.
   
   Complainant: Kathleen Johnson, EPA Region IX Enforcement Division Director, 75 Hawthorne Street, San Francisco, California 94105.
   Respondent: Paul Oil Company, Inc., 524 N. Sierra Avenue, Oakdale, California 95361.
    
2. In the Matter of Paul Oil Company, Inc., EPA Docket Number OPA-09-2016-0004, regarding the Paul Oil Company, Inc., facility at 524 N. Sierra Avenue, Oakdale, California. EPA filed the administrative complaint pursuant to 40 C.F.R. § 22.13(a) on April 7, 2016.
   
   Complainant: Kathleen Johnson, EPA Region IX Enforcement Division Director, 75 Hawthorne Street, San Francisco, CA 94105.
   Respondent: Paul Oil Company, Inc., 524 N. Sierra Avenue, Oakdale, California 95361.

Description of Business or Activity Conducted by the Respondent

Respondent operates bulk oil storage and distribution facilities at 511 S. 2^nd Street in Patterson, California, and at 524 N. Sierra Avenue, Oakdale, California (the “Facilities”)

Summary of Alleged Violations

During EPA’s November 4, 2014 inspections of the Facilities, EPA found that Respondent violated the Spill Prevention, Control, and Countermeasure (“SPCC”) regulations set forth at 40 C.F.R. Part 112, at each Facility. 

At each Facility, Respondent failed to prepare an adequate SPCC plan, provide adequate containment structures for oil storage tanks and oil transfer areas, conduct inspections and tests, and train oil-handling personnel.  In addition, at Respondent’s Facility located at 511 S. 2^nd Street in Patterson, California, Respondent failed to promptly correct visible leaks from oil tanks and pipes and remove accumulations of oil from those leaks, and use tanks that are compatible with oil storage.

Proposed Penalty

1. In the Matter of Paul Oil Company, Inc., EPA Docket Number OPA-09-2016-0003, regarding the Paul Oil Company, Inc., facility at 511 S. 2nd Street, Patterson, California.
   
   The proposed civil administrative penalty is $62,500.
    
2. In the Matter of Paul Oil Company, Inc., EPA Docket Number OPA-09-2016-0004, regarding the Paul Oil Company, Inc., facility at 524 N. Sierra Avenue, Oakdale, California.
   
   The proposed civil administrative penalty is $72,500.

The total proposed civil administrative penalty for both Facilities is $135,000.