11/10/2010 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,000.
ORDER ALLEGES:
ON JULY 21, 2010, RESPONDENT DISCHARGE AN ESTIMATED 1,200 GALLONS OF OIL AS DEFINED IN SECTION 311(a)(1) OF THE ACT, 33 U.S.C. SECTION 1321(a)(1), FROM ITS FACILITY OR UPON THE UNNAMED TRIBUTARY OF THE SOUTH FORK NEW RIVER WHICH FLOWS INTO THE SOUTH FORK NEW RIVER AND ADJOINING SHORELINES.
RESPONDENT'S JULY 21, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE UNNAMED TRIBUTARY OF THE SOUTH FORK NEW RIVER OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURFACE, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3.