12/4/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $37,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT NOV 8, 2011, RESPONDENT DISCHARGED APPROX 163 BARRELS OF OIL INTO OR UPON A NAVIGABLE WATER AND ITS ADJOINING SHORELINES. THE DISCHARGE OCCURRED WHEN CRUDE OIL WAS ALLOWED TO FLOW THROUGH THE VALVE ATTACHED TO THE PIPELINE. THE PIPELINE VALVE STANDPIPE HAD PREVIOUSLY BEEN STRUCK BY A VEHICLE THAT HAD TRESPASSED INTO THE PIPELINE RIGHT OF WAY.
THE DISCHARGE CAUSED A FILM OR A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE WATER OR ADJOINING SHORELINES AND, THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3 IN VIOLATION OF CWA 311(b)(3).
ACCORDINGLY, RESPONDENT VIOLATED CWA 311(b)(3).