6/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,000.
ALLEGATIONS: ON MARCH 25, 2008, A MOTOR VEHICLE ACCIDENT OCCURRED IN CLEBURNE COUNTY, AL, THAT INVOLVED A TRACTOR-TRAILER OWNED AND OPERATED BY RESPONDENT. THE ACCIDENT RESULTED IN DAMAGE TO BOTH SADDLE FUEL TANKS OF THE TRACTOR AND A RELEASE OF DIESEL FUEL. IT IS ESTIMATED THAT APPROX 100 GALLONS (2.4 BBLS.) OF OIL (DIESEL FUEL OIL) AS DEFINED IN SECTION 311(a)(1) OF THE CWA, WAS RELEASED FROM THE SADDLE TANKS OF THE TRACTOR AS A RESULT OF A NAVIGABLE WATER AS DEFINED IN CWA SEC 502(7) AND 40 CFR 110.1 AND SUBJECT TO THE JURISDICTION OF CWA SEC 311 (HEREINAFTER THE INCIDENT ).
THE INCIDENT CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE UNNAMED CREEK AND/OR ITS ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3, IN VIOLATION OF CWA SEC 311(b)(3).