# ERGON WEST VIRGINIA, INC
> **Administrative - Formal** · FY2004 · — · Final Order With Penalty
## Case
- **Activity ID:** `127340`
- **Case Number:** 03-2004-0366
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- ERGON WEST VIRGINIA, INC (complaint) (settlement)
## Summary

On February 17, 2004, a wastewater treatment plant owned and operated by Ergon West Virginia, Inc discharged approximately 100 gallons of oily sediment,  as defined in Section 311(a)(1) of the CWA, 33 U.S.C. �� 1321(a)(1), and 40 C.F.R. �� 110.1, from a temporary pipe into or upon the Ohio River in Newell, Hancock County, West Virginia.  The Ohio River Run is a navigable water of the United States as defined in Section 502(7) of the CWA, 33 U.S.C. �� 1362(7), and 40 C.F.R. �� 110.1.  This discharge of oil caused a film or sheen upon or discoloration of the surface of the water or adjoining shorelines,  and, therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. �� 110.3.  The discharge of oil into or upon the Ohio River violated Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3).  Pursuant to Section 311(b)(6)(B)(i) of the CWA, 33 U.S.C. �� 1321(b)(6)(B)(i), and 40 C.F.R. �� 19.4, Respondent is liable for civil penalties of up to $11,000 per violation, up to a maximum of $27,500.  The Region issued an expedited penalty action against Ergon assessing a penalty of $500.00 to resolve its civil liability for this spill incident.  Ergon accepted the expedited penalty and tendered a check for the penalty.  The Regional Judicial Officer approved the Expedited Penalty Action and Final Order on December 30, 2004.

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