Document DMYog4Xpr9e6nr3bx8K7ZJkNd

FILED 28 AUG 25 PM 12:04 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 REGIONAL HEARING CLERK EPA REGION 6 DALLAS, TEXAS75270 In the Matter of Belle Chasse Marine Transportation Services Respondent Docket No. RCRA-06-2025-0985 EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER 1. The U.S. Environmental Protection Agency, Region 6 ("EPA") is authorized to enter into this Expedited Settlement Agreement {"Agreement") pursuant to Section 3008 of the Resource Conservation and Recovery Act {"RCRA"), 42 U.S.C. 6928 and 40 C.F.R. 22.13{b). 2. By copy of this letter, EPA is providing the state of Louisiana with notice of the referenced violations of Subtitle C of RCRA as required by Section 3008{a){2), 42 U.S.C. 6928{a)(2). 3. Belle Chasse Marine Transportation ("BCMT" or "Respondent") is the owner or operator of the facility at 301 Alabo St., New Orleans, LA 70117 (the "Facility"). EPA conducted a Compliance Inspection at the Facility on July 15, 2024. EPA alleges that Respondent violated the following requirements of the RCRA, and the EPA approved and authorized Louisiana hazardous waste management programs: I. Failure to Label/Mark Containers of Used Oil Pursuant to Louisiana Admin Code 33:V.4013.D.1, [40 C.F.R. 279.22(c){l)], containers and aboveground tanks used to store used oil at generator facilities Belle Chasse Marine Transportation Services Docket No. RCRA-06-2025-0985 must be labeled or marked clearly with the words "Used Oil." At the time of the inspection, there were four (4} 275-gallon totes and fifteen (15) 55-gallon drums containing used oil or oily water that were all about to completely full and unlabeled, in violation of 40 C.F.R. 279.22(c)(l). II. Failure to Maintain Containers of Used Oil in Good Condition Pursuant to Louisiana Admin Code 33:V.4013.C.1, [40 C.F.R. 279.22{b}(l}J, containers and aboveground tanks used to store used oil at generator facilities must be in good condition (no severe rusting, apparent structural defects or deterioration). At the time of the inspection, there were two (2) 55-gallon drums containing used oil or oily water were rusted, heavily corroded, and in poor condition, in violation of 40 C.F.R. 279.22(b)(l). 4. EPA and Respondent agree that settlement of this matter for a civil penalty of $3,750 is in the public interest. 5. In signing this Agreement, Respondent: (1} admits that Respondent is subject to RCRA and its implementing regulations; (2} admits that EPA has jurisdiction over Respondent and Respondent's conduct as alleged herein; (3) neither admits nor denies the factual allegations contained herein; (4} consents to the assessment of this penalty; {5) waives the opportunity for a hearing to contest any issue of fact or law set forth herein; (6) waives its right to appeal the Final Order accompanying this Agreement pursuant to Section 3008(b) of RCRA, 42 U.S.C. 6928(b); and (7) consents to electronic service of the filed ESA. 6. Within thirty (30) calendar days of the effective date of this Agreement, Respondent must pay the civil penalty of $3,750 using any method provided on the following 2 Belle Chasse Marine Transportation Services Docket No. RCRA-06-2025-0985 website: https://www.epa.gov/financial/makepavment.Such payment shall identify Respondent by name and include the docket number assigned to this Agreement by the Regional Hearing Clerk. 7. Within 24 hours of payment, email proof of payment (e.g., a copy of the check, confirmation of credit card or debit card payment, or confirmation of wire or automated clearinghouse transfer, and any other information required to demonstrate that payment has been made according to EPA requirements), including Respondent's name, complete address, and docket number to the following: Elizabeth Pham U.S. EPA, Region 6 Pham.Elizabeth@epa.gov U.S. EPA, Region 6 Hearing Clerk Vaughn.Lorena@epa.gov U.S. Environmental Protection Agency Cincinnati Finance Center CINWD AcctsReceivable@epa.gov 8. No portion of the civil penalty or interest paid by Respondent pursuant to the requirements of this Expedited Settlement and Final Order shall be claimed by Respondent as a deduction for federal, state or local income tax purposes. 9. By signing this Agreement, Respondent waives any rights or defenses that Respondent has or may have for this matter to be resolved in federal court, including but not limited to any right to a jury trial, and waives any right to challenge the lawfulness of the final order accompanying the Agreement. 10. By its signature below Respondent certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that the alleged violations have 3 Belle Chasse Marine Transportation Services Docket No. RCRA-06-2025-0985 been corrected, and Respondent has submitted true and accurate documentation of such correction. 11. The undersigned representative of Respondent certifies that he or she is fully authorized to enter the terms and conditions of this Expedited Settlement Agreement and Fina I Order and to execute and legally bind Respondent to it. Upon the effective date of this Agreement, payment of the civil penalty shall constitute full settlement of the civil claims alleged herein. 12. Full payment of the civil penalty shall only resolve Respondent's liability for federal civil penalties for the violations alleged herein. EPA reserves all of its rights to take an enforcement action for any other past, present, or future violations by Respondent of RCRA, any other federal statute or regulation, or this Agreement. 13. Each party shall bear its own costs and fees, if any. 14. This Agreement is binding on the parties signing below, and in accordance with 40 C.F.R. 22.31(b}, is effective upon filing. 15. This Agreement authorized by EPA's execution of the Final Order attached hereto constitutes a final order under 40 C.F.R. Part 22. 16. EPA and Respondent agree to the use of electronic signatures for this matter pursuant to 40 C.F.R. 22.6. The EPA and Respondent further agree to electronic service of this Agreement by email to the following: To EPA: Murdock.Russell@epa.gov and Pham.Elizabeth@epa.gov To Respondent: frank@bcmt.com 4 RESPONDENT: Belle Chasse Marine Transportation Services Belle Chasse Marine Transportation Services Docket No. RCRA-06-2025-0985 / s ignature Name COMPLAINANT: U.S. ENVIRONMENTAL PROTECTION AGENCY Date: _A_u_g_u_s_t_2s_,_2_0_2_s _ . . . , i!'\ J,, _ . l~~ TYV\NL> Digitally signed by MARGARET OSBOURNE Date: 2025.08.28 06:50:07 -05'00' Cheryl T. Seager Director Enforcement and Compliance Assurance Division U.S. EPA, Region 6 5 FINAL ORDER Belle Chasse Marine Transportation Services Docket No. RCRA-06-2025-0985 Pursuant to the authority of Section 3008(a) of RCRA, 42 U.S.C. 6928(a), and 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, the foregoing Expedited Settlement Agreement resolving this matter is hereby ratified and incorporated by reference into this Final Order. Respondent is ORDERED to comply with all of the terms of the Expedited Settlement Agreement. In accordance with 40 C.F.R. 22.31(b), the effective date of the foregoing Expedited Settlement Agreement and this Final Order is the date on which this Final Order is filed with the Regional Hearing Clerk. This Final Order shall resolve only those causes of action alleged in the Expedited Settlement Agreement. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondents' (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. IT IS SO ORDERED. THOMAS RUCKI Digitally signed by THOMAS RUCKI Date: 2025.08.28 12:40:17 -04'00' Thomas Rucki Regional Judicial Officer, Region 6 6 Belle Chasse Marine Transportation Services Docket No. RCRA-06-2025-0985 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Expedited Settlement Agreement and Final Order was filed with me, the Regional Hearing Clerk, U.S. EPA - Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102, and that I sent a true and correct copy on this day in the following manner to the email addresses below: Copy via Email to Complainant: Russell Murdock U.S. EPA, Region 6 M urdock.Russell@epa.gov Elizabeth Pham U.S. EPA, Region 6 Pham.Elizabeth@epa.gov Copy via Email to Respondent: Frank Hannan frank@bcmt.com Manager Belle Chasse Marine Transportation Services 301 Alabo St. New Orleans, LA 70117 LORENA VAUGHN Digitally signed by LORENA VAUGHN Date: 2025.08.28 12:04:48 -05'00' U.S. EPA, Region 6 Regional Hearing Clerk 7