5/4/17 - EXPEDITED OIL SPILL AGREEMENT ISSUED, ASSESSING A PENALTY OF $4000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ALLEGATIONS:
ON OR ABOUT AUGUST 16, 2016, RESPONDENT DISCHARGED 2,000 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON CHITTERLING CREEK AND/OR ADJOINING SHORELINES AND WETLANDS ADJACENT TO OR ABUTTING CHITTERLING CREEK. THE WATER OF THE WETLANDS FLOWS TO CHITTERLING CREEK. THE EPA OBTAINED THIS INFORMATION FROM THE EPA ON-SCENE COORDINATOR'S POLLUTION REPORT.
CHITTERLING CREEK FLOWS INTO THE LITTLE RIVER AND THEN TO THE ALABAMA RIVER, SHISH IS A NAVIGABLE WATER OF THE UNITED STATES, AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE CWA.
RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT AUGUST 16, 2016, FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SUREACE OF CHITTERLING CREEK AND/OR UPON THE ADJOINING SHORELINES AND WETLANDS ADJACENT TO OR AUBTTING CHITTERLING CREEK, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, WHICH IMPLEMENTS SECTION 311(b)(3). AND (4) OF THE CWA.
RESPONDENT'S DISCHARGE OF OIL ON OR ABOUT AUGUST 16, 2016, FROM ITS FACILITY INTO OR UPON CHITTERLING CREEK AND/OR ADJOINING SHORELINES AND WETLANDS ADJACENT TO OR ABUTTING CHITTERLING CREEK, WHICH EVENTUALLY FLOWS INTO THE ALABAMA RIVER, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3. RESPONDENT THEREFORE VIOLATION SECTION 311(b)(3) OF THE CWA.