9/16/15 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
AGREEMENT ALLEGES:
ON FEBRUARY 2, 2015, RESPONDENT DISCHARGED APPROXIMAELY 1,000 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON HURRICANE CREEK AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE NATIONAL RESPONSE CENTER INCIDENT REPORT NUMBER 110724.
HURRICANE CREEK FLOWS INTO NONCONNAH CREK, WHICH EVENTUALLY FLOWS INTO THE MISSISSIPPI RIVER. THE MISSISSIPPI RIVER IS A NAVIGABLE WATER OF THE UNITED STATES .
RESPONDENT'S FEBRUARY 2, 2015 DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF HURRICANE CREEK AND/OR UPON ADJOINIING SHORELINES, AND THERERFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, WHICH IMPLEMENTS 311(b)(3) AND (b)(4) OF THE CWA.
RESPONDENT'S FEBRUARY 2, 2015 DISCHARGE OIL FROM ITS FACILITY INTO OR UPON HURRICANE CREEK AND/OR ADJOINING SHORELINES, WHICH EVENTUALLY FLOWS TO THE MISSISSIPPI RIVER, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3. RESPONDENT THEREFORE VIOLATED SECTION 311(b)(3) OF THE CWA.