9/16/15 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
AGREEMENT ALLEGES:
ON OCTOBER 12, 2014, RESPONDENT DISCHARGED APPROXIMAELY 150 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON LOCK CREEK AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE NATIONAL RESPONSE CENTER INCIDENT REPORT NUMBER 1098053.
LOCK CREEK FLOWS INTO THE BIG BLACK RIVER. THE BIG BLACK RIVER IS A NAVIGABLE WATER OF THE UNITED STATES .
RESPONDENT'S OCTOBER 12, 2014 DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF BIG BLACK RIVER 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 OCTOBER 14, 2014 DISCHARGE OIL FROM ITS FACILITY INTO OR UPON LOCK CREEK AND/OR ADJOINING SHORELINES, WHICH FLOWS TO THE BIG BLACK 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.