3/23/2012 - EXPEDITED SPILL SETTLEMENT AGREEMENT, ASSESSING A PENALTY OF $500.
SETTLEMENT STATES:
ON SEPTEMBER 2, 2011, RESPONDENT DISCHARGED AN ESTIMATED 160 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 AUGUSTA CANAL AND ADJOINING SHORELINES.
THE AUGUSTA CANAL, WHICH FLOWS INTO THE SAVANNAH RIVER, IS A NAVIAGLE 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 SEPTEMBER 2, 2011, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE AUGUSTA CANAL, 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.