8/21/2014 - EXPEDITED OIL SPILL AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
AGREEMENT ALLEGES:
JULY 11, 2011, RESPONDENT DISCHARGED APPROXIMATELY 100 GALLONS OF OIL, FROM ITS ONSHORE FACILITY INTO OR UPON THE STORM WATER CANAL THAT LEADS TO HARNS MARSH. THE EPA OBTAINED THIS INFORMATION THROUGH THE RESPONDENT'S RESPONSE TO EPA'S CWA, SECTION 308, INFORMATION REQUEST LETTER.
THE STORM WATER CANAL LEADS TO HARNS MARSH FLOWS INTO THE ORANGE RIVER, WHICH FLOWS INTO THE CALOOSAHATCHEE RIVER. THE CALOOSAHATCHEE RIVER IS A NAVIGABLE WATER OF OF THE UNITED STATES , AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE CWA.
RESPONDENT'S JULY 11, 2011 DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN ON THE WATER'S SURFACE IN AND/OR UPON THE STORM WATER CANAL THAT LEADS TO HARNS MARSH, WHICH EVENTUALLY FLOWS TO THE CALOOSAHATCHEE RIVER 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) nd (b)(4) OF THE CWA.
RESPONDENT'S JULY 11, 2011 DISCHARGE OF OIL FROM ITS ONSHORE FACILITY INTO OR UPON THE STORM WATER THAT LEADS TO HARNS MARSH, WHICH EVENTUALLY FLOWS TO THE CALOOSAHATCHEE RIVER, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3. RESPONDENT THEREFORE VIOLATED SECTION 311(b)(3) OF THE CWA.