Gallery: Alone Bessemer Ammunition Depot: April 18, 2012
The Amends Administration filed the accusation backward Tuesday on account of the U.S. Ecology Protection Agency and the Alabama Administration of Ecology Management adjoin Bessemer Petroleum Inc., Tri-State Petroleum Articles LLC, and Twin States Petroleum Articles LLC.
All three companies accept at one time back 2000 endemic or operated the now alone ability or its underground accumulator tanks, the accusation states. Twin States is now the accepted buyer of the ability at 2701 8th Avenue North in Bessemer, according to the lawsuit.
The ability is an alone aggregate ammunition administration and accumulator ability amid on about four acreage a Valley Creek. As of January 2010 there were 27 non-operating above-ground accumulator tanks and addition 17,000-gallon above-ground catchbasin at the armpit that was abounding of oil and water, according to the lawsuit. Four underground accumulator tanks and an oil/water separator were additionally on site.
The ability can abundance a absolute of about 179,000 gallons of oil in the aloft and underground tanks.
The accusation addendum three specific incidents, in 2000, 2008 and 2010 area petroleum or oil had leaked at the facility. In 2008 ADEM asked EPA for abetment afterwards petroleum articles leaked off the armpit through a storm cesspool and into a canal that leads to Valley Creek.
The accusation does not appraisal the absolute bulk of petroleum articles that accept leaked from the facility.
A Bessemer Petroleum architect began assignment to abode EPA apropos afterwards the 2008 adventure but the assignment wasn’t completed. The EPA removed liquids from tanks at the ability afterwards the 2010 incident, according to the lawsuit.
Among the claims in the Amends Administration accusation are: all three companies bootless to accomplish absolution apprehension for underground brim for underground accumulator tanks in acting closure; Tri-State and Twin States for abortion to accomplish and advance bane protection; and all three for abortion to assuredly aing underground accumulator tanks.
EPA and ADEM had inspected the ability a cardinal of times and had issued assorted violations or warnings over the years adjoin the companies. In 2006 ADEM filed a civilian accusation adjoin Bessemer Oil in Montgomery County Circuit Cloister alleging the aggregation bootless to accompany the ability into acquiescence with appropriate absolution apprehension methods and added requirements.
A adjudicator entered a absence acumen in 2007 adjoin Bessemer Petroleum in that accusation afterwards the aggregation bootless to acknowledge to the ADEM complaint, according to the amends administration lawsuit.
The Amends Administration accusation seeks a cloister adjustment to fix problems at the ability and civilian penalties for “past and on-going violations” of the Solid Waste Disposal Act as able-bodied as abortion to accede with authoritative orders issued by EPA and ADEM beneath the federal Clean Baptize Act.
The accusation asks that a adjudicator adjustment Bessemer Petroleum and Twin States to accede with orders issued in 2008 and 2010 and seeks penalties adjoin all three companies.
Various penalties are approved based on altered claims. Most are up to $11,000 per day of abuse above-mentioned to Jan. 12, 2009 and up to $16,000 per day of abuse afterwards that date.
The accusation additionally states that Bessemer Petroleum and Twin States are accountable for civilian penalties of up to $37,500 per day for violations occurring afterwards Oct. 21, 2010.
The EPA had ordered Bessemer Petroleum to activate assertive tasks by Oct. 21, 2010, and Twin States by Oct. 28, 2010, to dness assertive issues beneath an EPA Clean Baptize Act order. “To date, neither Bessemer Petroleum nor Twin States has responded to the … order, and the borderline for such responses and acquiescence has passed,” according to the lawsuit.
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