9/18/2013 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
AGREEMENT ALLEGES:
ON JUNE 13, 2012, RESPONDENT DISCHARGED 3,024 GALLOONS OF OIL (72 BARRELS) AS DEFINED IN SECTION 311(a)(1) OF THE CWA, FROM ITS ONSHORE FACILITY INTO AN UNNAMED TRIBUTARY OF CLARK CREEEK, WHICH DISCHARGES TOTHE MISSISSIPPI RIVER.
RESPONDENT'S JUNE 13, 2012, DISCHARGE OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE TRIBUTARY OF CLARK CREEK, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, WHICH IMPLEMENTS SECTION 311(b)(3) AND (b)(4) OF THE CWA.
RESPONDENT VIOLATED SECTION 311(b)(3) OF THE CWA.