1/10/2012 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500.
SETTLEMENT AGREEMENT STATES:
ON APRIL 9, 2011, RESPONDENT DISCHARGED AN ESTIMATED 400 GALLONS OF OIL AS DEFINED IN SECTION 311(a0(1) OF THE ACT, 33 U.S.C. SECTION 1321(a)(1), FROM ITS FACILITY INTO OR UPON MARRIOTT CREEK, WHICH FLOWS INTO MULBERRY FORK OF THE WARRIOR RIVER, AND ADJOINING SHORELINES.
MARRIOTT CREEK, WHICH FLOWS INTO THE MULBERRY FORK OF THE WARRIOR RIVER IS NAVIGABLE WATER OF THE UNITED STATES , AS DEFINED IN SECTION 502(7) OF THE ACT, 33 U.S.C. SECTION 1362(7), AND 40 C.F.R. SECTION 110.1, AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF ACT.
RESPONDENT'S APRIL 9, 2011, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF MARRIOTT CREEK, OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURFACE, AND THERFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3.
RESPONDENT'S APRIL 9, 2011, DISCHARGE OF OIL FROM ITS FACILITY INTO OR UPON MARRIOTT CREEK AND ADJOINING SHORELINES IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3 VIOLATED SECTION 311(b)(3) OF THE ACT.