11/10/10 - EXPEDITED SPILL SETTLEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ON DECEMBER 23, 2009, RESPONDENT DISCHARGED AN ESTIMATED 800 GALLONS OF OIL AS DEFINED IN SECTION 311(a)(1) OF THE ACT, 33 U.S.C SECTION 1321(a)(1), FROM ITS FACILITY INTO OR UPON THE UNNAMED CREEK WHICH FLOWS INTO THE LICKING RIVER AND ADJOINING SHORELINES.
RESPONDENT'S DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE UNNAMED CREEK OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURFACE, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3.