Complaint alleging the unlawful discharges of oil and an unpermitted chemical dispersant from the offshore oil and gas production platform, known as the ATP Innovator, into the Gulf of Mexico. A Partial Consent Decree was entered on May 8, 2015, with a Civil Penalty in the amount of $1,000,000, to be deposited in the Oil Spill Liability Trust Fund. Within 90 Days after the Effective Date of the Consent Decree, ATP-IP shall remove and permanently seal the dispersant injection connection from the wastewater discharge outfall pipe on the ATP Innovator. At least 30 days before ATP-IP uses, leases, or otherwise allows for the use of the ATP Innovator in any future exploration, development, or production activities in waters within the jurisdiction of the United States, ATP-IP shall submit a certification that the Facility meets the requirements of the consent decree.
The defendant/operator, ATP, had filed for Chapter 11 bankruptcy protection prior to the date of the referral. After the referral, the defendant converted its bankruptcy claim to Chapter 7. The U.S. subsequently sought approval from the bankruptcy court, after reaching an agreement with the bankruptcy trustee, to file with the federal district court the settlement agreement in the form of the Consent Decree with a settled-upon civil penalty amount as an unsecured claim. The bankruptcy court approved the settlement, allowing the parties to seek from the federal district court entry of the Consent Decree. At the t