11/16/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $49,250. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGATIONS: ON APR 15, 2007, RESPONDENT DISCHARGED APPROX 16,550 GALLONS OF OIL OR MINERAL 10-C MINERAL OIL INTO OR UPON MARK'S CREEK AND ADJOINING SHORELINES. THE DICHARGE OCCURRED WHEN A 500 KILOVOLT TRANSFORMER FAILED AS A RESULT OF A POWER SURGE DURING SEVERE WEATHER. THE TRANSFORMER HAD THE CAPACITY TO HOLD 18,886 GALLONS OF OIL. AS A RESULT OF THE TRANSFORMER DAMAGE, IT WAS ESTIMATED THAT 16,550 GALLONS OF OIL WAS RELEASED INTO SECONDARY CONTAINMENT. HOWEVER, THE SECONDARY CONTAINMENT WAS NOT ADEQUATE BECAUSE A BURIED PIPE IN THE CONTAINMENT STRUCTURE CAUSED THE OIL TO DISCHARGE TO A DRAINAGE DITCH THAT DRAINED OFFSITE. AS A RESULT, OIL DISCHARGED FROM THE FACILITY THRU AN UNNAMED CREED TO MARK'S CREEK, AND TRAVELED AT LEAST 1.5 MILES FROM THE FACILITY.