CASE SUMMARY FOR 04-2005-9026:
PURSUANT TO CWA SEC 309(b) AND 311(b)(7)(A), EPA IS SEEKING PENALTIES FROM PLANTATION PIPELINE FOR VIOLATION OF CWA 311(b)(3), FOR AN OIL SPILL WHICH OCCURRED ON NOV 27, 2006. IN ADDITION, EPA IS SEEKING INJUNCTIVE RELIEF UNDER CWA SEC 309(b) AND 311(e), REQUIRING PLANTATION TO, AT A MINIMUM, ADDRESS THE CAUSES OF THE OIL DISCHARGE.
THE DISCHARGE WAS APPROX 97 BARRELS OF GASOLINE FROM A LEAKING ABOVE-GROUND BLOCK VALVE AT THE BP PAW CREEK TERMINAL. THE DISCHARGE RESULTED IN A FISH KILL, BUT NO DRINKING WATER INTAKE IMPACTS.
A CIVIL LITIGATION REPORT AND A REQUEST TO COMMENCE A CIVIL ACTION AGAINST PLANTATION WAS PREVIOUSLY SUBMITTED TO DOJ BY EPA R3 ON JULY 1, 2004, FOR PLANTATION'S VIOLATIONS OF CWA SEC 311(b)(3) AND (j), AND BY EPA R4 ON SEPT 22, 2005 FOR PLANTATION'S VIOLATIONS OF CWA SEC 311(b)(3). THE U.S. AND THE PROPOSED DEFENDANT HAVE BEGUN NEGOTIATIONG A POTENTIAL SETTLEMENT OF THE VIOLATIONS REFERRED BY EPA REGIONS 3 AND 4.
HOWEVER, IN THIS INSTANCE, NC IS JOINING THE U.S. IN ITS CASE AGAINST PLANTATION PIPELINE FOR THIS SPILL INTO PAW CREEK, MECKLENBURG COUNTY, NC.
PLANTATION PIPELINE OWNS A FACILITY CONSISTING OF APPROX 3,100 MILES OF PETROLEUM PRODUCTS PIPELINES CONNECTED TO 130 SHIPPER TERMINALS IN 8 STATES, INCLUDING VA AND LA, OUTSIDE R4. ITS HQs IS IN ALPHARETTA, GA.
CASE SUMMARY FOR 04-2005-9026: EPA IS SEEKING PENALTIES FROM PLANTATION PIPE LINE COMPANY FOR VIOALTIONS OF SECTIN 311(b)(3) OF THE CWA, FOR OIL