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Spill Prevention, Control and Countermeasure Plan <br /> Tesla Treatment Facility Page 19 of 45 <br /> agency's jurisdiction. As of January 1, 2008, the CUPAs were vested with the responsibility and <br /> authority to implement APSA. <br /> For the Tesla Treatment Facility, the CUPA is the San Joaquin County Environmental Health <br /> Department(SJCEHD). <br /> 2.4.3 Federal Reportable Spills <br /> Pursuant to Section 40 CFR§112.4 of the SPCC Rule, whenever a facility discharges more than <br /> 1,000 gallons of oil in a single discharge event, or discharges more than 42 gallons of oil in each <br /> of two (2) discharges occurring within a 12-month period, the facility must report the following <br /> information to the Regional Administrator: <br /> ® Name of facility. <br /> Name of individual filing the report. <br /> ® Location of facility. <br /> ® Description of the facility. <br /> ® Maximum storage or handling capacity of the facility and the normal daily <br /> throughput. <br /> ® Corrective action and countermeasures taken, including any equipment repairs and <br /> replacements. <br /> ® The cause of the discharge, including a failure analysis of the system that failed. <br /> ® Preventive measures taken or planned to minimize the possibility of recurrence. <br /> ® Any other information pertaining to the discharge event required by the Regional <br /> Administrator. <br /> 2.4.4 Applicability <br /> A facility is subject to the provisions of the California Health and Safety Code Section 25270 if <br /> the facility is subject to the oil pollution prevention regulations in the SPCC Rule, or if the facility <br /> has a storage capacity of 1,320 gallons or more of oil. The Tesla Treatment Facility is subject to <br /> state provisions because the aggregate oil storage capacity exceeds 1,320 gallons. <br /> 2.4.5 State Imposed Fines <br /> The owner or operator of a facility who fails to report oil spills as required by California Health <br /> and Safety Code Section 25270.8, or otherwise to comply with the requirements of this chapter, is <br /> subject to a civil penalty of not more than $5,000 for each day on which the violation continues. <br /> If the owner or operator commits a second or subsequent violation,a civil penalty of not more than <br /> $10,000 for each day on which the violation continues maybe imposed. The civil penalties may <br /> be assessed and recovered in a civil action brought by the district attorney on behalf of the Regional <br /> Administrator. <br />