7/10/13 - CONSENT AGMT AND FINAL ORDER ISSUED ON 7/10/13 ASSESSING A PENALTY OF $21,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT JULY 21, 2011, RESPONDENT DISCHARGED APPROX 28 BARRELS OF A MIXTURE OF BRINE AND OIL, WHICH IS CONSIDERED OIL AS DEFINED IN SECTION 311(a)(1) OF THE CWA, FROM ITS FACILITY INTO OR UPON THE NORTH FORK OF THE KY RIVER AND/OR ITS ADJOINING SHORELINES.
RESPONDENT'S JULY 21, 2011, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE NORTH FORK OF THE KENTUCKY RIVER AND/OR ITS AJOINING SHORELINE 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).