9/15/15 - EXPEDITED OIL SPILL AGREEMENT ISSUED, ASSESSING A PENALTY OF $3000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
AGREEMENT ALLEGES:
ON JANUARY 5, 2015, RESPONDENT DISCHARGED APPROXIMATELY 900 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON OHIO RIVER AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE RESPONDENT'S RESPONSE TO THE EPA'S CWA SECTION 308 INFORMATION REQUEST.
THE OHIO RIVER IS A NAVIGABLE WATER OF THE UNITED STATES .
RESPONDENT'S JANUARY 5, 2015 DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE OHIO 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 JANUARY 5, 2015 DISCHARGE OIL FROM ITS FACILITY INTO OR UPON THE OHIO RIVER AND/OR ADJOINING SHORELINES, 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.