BUNGE NORTH AMERICA, INC.

12/12/13 - EXPEDITED OIL SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. On July 26, 2012, Respondent discharged 360 gallons of oil as defined in Section 311(a)(1) of the CWA, 33 U.S.C. § 1321(a)(1), and 40 C.F. R. §110.1, from its facility into or upon the Chattanooga Creek,which drains into the Nickjack Lake, a dammed portion of the Tennessee River. The Tennessee River discharges to the Ohio River that joins the Mississippi River which empties into the Gulf of Mexico and/or adjoining shorelines. EPA obtained this information through Bunge North America Inc.’s response to the EPA’s Information Request issued pursuant to Section 308 of the Act. The Ohio River is a “navigable water of the United States”, as defined in Section 502(7) of the CWA, 33 U.S.C. § 1362(7), and 40 C.F.R. § 110.1 and is subject to the jurisdiction of Section 311 of the CWA. Respondent’s July 26, 2012 discharge of oil from its facility caused a film or sheen upon or discoloration of the surface of the Chattanooga Creek and therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. § 110.3, which implements Section 311(b)(3) and (b)(4) of the CWA, 33 U.S.C. §1321(b)(3) and (b)(4). Respondent’s July 26, 2012 discharge of oil from its facility into or upon the Chattanooga Creek, which drains into the Nickajack Lake, a dammed portion of the Tennessee River in a quantity that has been determined may be harmful under 40 C.F.R. § 110.3 viola