3/23/2012 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500.
SETTLEMENT AGREEMENT STATES:
ON JUNE 27, 2011, RESPONDENT DISCHARGED AN ESTIMATED 400 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON THE UNNAMED TRIBUTARY TO GRAB CREEK WHICH FLOWS INTO PINEY RIVER WHICH FLOWS INTO DUCK RIVER, AND ADJOINING SHORELINES.
THE UNNAMED TRIBUTARY TO GRAB CREEK, WHICH FLOWS INTO PINEY RIVER IS A NAVIGABLE WATER OF THE UNITED STATES , AS DEFINED IN SECTION 502(7) OF THE ACT, 33 U.S.C. SECTION 1362(7), AND 40 C.F.R. SECTION 110.1, AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE ACT.
RESPONDENT'S JUNE 27, 2011, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE UNNAMED TRIBUTARY TO GRAB CREEK, OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURGACE, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3.