9/10/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $6,300. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON NOVEMBER 29, 2011, THE RESPONDENT DISCHARGED APPROXIMATELY 1,200 GALLONS OF OIL AS DEFINED IN SECTIN 311(a)(1) OF THE CWA, FROM ITS FACILITY INTO OR UPON BUFFALO CREEK AND/OR ITS ADJOINING SHORELINES.
THE DISCHARGE CASUED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF BUFFALO CREK AND/OR ITS ADJOINING SHORELINES AND CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURFACE OF THE WATER OR UPON ITS ADJOINING SHORELINES, AND, THREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED TO BE HARMFUL UNDER 40 C.F.R. SECTION 110.3.
ACCORDINGLY, THE RESPONDENT VIOLATED SECTION 311(b)(3) OF THE CWA.