9/16/2015 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
AGREEMENT ALLEGES:
ON MAY 1, 2013, RESPONDENT DISCHARGED APPROXIMATELY 100 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON LAKE BARKLEY AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE NATIONAL RESPONSE CENTER INCIDENT REPORT NUMBER 1045868.
RESPONDENT'S MAY 1, 2013 DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF LAKE BARKLEY AND/OR ADJOINING SHORELINES, 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'S MAY 1, 2013, DISCHARGE OF OIL FROM ITS FACILITY INTO OR UPON LAKE BARKLEY AND/OR ADJOINING SHORELINES, WHICH IS A NAVIGABLE WATER, 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.