# BD OIL GATHERING CORPORATION
> **Judicial** · FY1999 · — · —
## Case
- **Activity ID:** `18704`
- **Case Number:** 03-1999-0365
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** —
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BD OIL GATHERING CORPORATION (complaint) (settlement)
## Summary

A LITIGATION REPORT WAS FORWARDED TO DOJ RECOMMENDING THAT   A CIVIL ACTION BE FILED AGAINST BD OIL GATHERING CORPORATION SEEKING PENALTIES FOR VIOLATION FO CWA SECTION 311, 33       U.S.C. SECTION 1321.  ON THE MORNING OF DECEMBER 23, 1998,   A TANKER-TRUCK, OWNED BY BD OIL, WITH A FAULTY SAFETY VALVE/ LINE, RELEASED APPROXIMTAELY 92 BARRELS OF OIL OFF ROUTE     36 INTO THE BIG SANDY CREEK, ROANE COUNTY, WEST VIRGINIA.    BIG SANDY CREEK FLOWS INTO THE KANAWAHA RIVER WHICH IN TURN  FLOWS INTO THE OHIO RIVER.  BD OIL, UNDER THE SUPERVISION OF THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION,    ASSUMED RESPONSIBILITY FOR THE CLEANUP. CLEANUP AND REMOVAL  WAS COMPLETED ON JANUARY 6, 1999.                            CWA SECTION 311(B)(3) STATES, IN PERTINENT PART, THAT  [T]HE DISCHARGE OF OIL...INTO OR UPON THE NAVIGABLE WATER OF THE   UNITED STATES...IN SUCH QUANTITIES THAT MAY BE HARMFUL AS    DETERMINED BY THE PRESIDENT...IS PROHIBITED.   A SHEEN WAS   OBSERVED ON THE SURFACE OF BIG SANDY CREEK, THUS             CONSTITUTING A QUANTITY OF OIL AS  MAY BE HARMFUL  FOR       PURPOSES OF 40 C.F.R. SECTION 110.3 AND CWA SECTION 311(B)(3 AND (4).  CWA SECTION 311(B)(7) PROVIDES FOR CIVIL PENALTIES IN THE EVENT OF SUCH VIOLATION.

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