On September 18, 2020, the Regional Judicial Officer signed a Final Order ratifying a Consent Agreement between EPA and Brock Resources, Inc., d/b/a Brock Oil Co., that resolves alleged violations of CWA 311(j) and its implementing regulations, the Oil Pollution Prevention Regulations (codified at 40 C.F.R. Part 112), at the Brock Oil Bulk Plant Facility in Morgantown, West Virginia. Brock will pay a penalty in the amount of $33,067 and interest in the amount of $41.34. The total amount will be paid in four equal monthly installments, with the final payment due within 120 days of the Effective Date of the Consent Agreement and Final Order. Additionally, Brock will permanently close above ground storage tanks within 180 days of the Effective Date of the Consent Agreement and Final Order, and will provide EPA with proof of such closure.
The alleged violations were identified pursuant to a Spill Prevention, Control, and Countermeasure ( SPCC ) inspection conducted on August 1, 2018. The alleged violations concerned deficiencies with the Brock Oil Plant Facility's SPCC plan and with on-site equipment, layout, and procedures.EPA directly administers the SPCC program, since the CWA does not provide for delegation of its implementation or enforcement to State, local, or tribal representatives.