2/1/2011 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL SUBMIT PAYMENT WITHIN SEVEN DAYS.
AGREEMENT ALLEGES:
ON AUGUST 4, 2010, RESPONDENT DISCHARGED AN ESTIMATED 500 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 TURTLE RIVER AND ADJOINING SHORELINES.
THE TURTLE RIVER, WHICH FLOWS INTO THE BRUNSWICK RIVER AND THE BUFFALO RIVER, IS A NAVIGABLE WATER OF THE UNITED STATES, SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE ACT AS DEFINED IN SECTION 402(7) OF THE ACT, 33 U.S.C. SECTION 1362(7), AND 40 C.F.R. SECTION 110.1.
RESPONDENT'S AUGUST 4, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE TURTLE RIVER 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 C.F.R. SECTION 110.3.