EPA v. American Petroleum Company, Inc.

Case summary

Respondent is a corporation organized under the laws of the Commonwealth of Puerto Rico engaged in the wholesale of diesel fuel, lubricants, and fuel oil. On August 21, 2013, EPA issued an Administrative Compliance Order (ACO), CWA-02-2013-3131, to the Respondent pursuant to Sections 308(a) and 309(a) of the CWA, 33 U.S.C. §§ 1318(a) and 1319(a). EPA found the Respondent in violation of the Act and the applicable NPDES regulations for its discharges of pollutants (storm water discharges associated with industrial activity) into waters of the United States without NPDES permit coverage, and for its failure to apply for a NPDES permit coverage. The Order requires Respondent to 1) immediately cease and desist the discharging of pollutants through storm water runoff associated with industrial activities from the facility into Caño Campanero, a water of the US; 2) within 15 days of receipt of the Order to conduct a thorough evaluation of its facility to locate all unauthorized and unpermitted discharges; 3) within 30 days to eliminate all unauthorized and unpermitted discharges and submit a report of the thorough evaluation and submit a written certification that all unauthorized and unpermitted discharges have been eliminated; 4) submit a Plan of Action to achieve compliance with its Permit within 120 calendar days of receipt of the Order; and 5) within 75 calendar days of receipt of the Order, Respondent shall amend the SWPPP to comply with the 2008 MSGP and submit the modified SWPPP for review.

Defendants (1)

• American Petroleum Company, Inc.Named in settlement

Facilities (1)

• AMERICAN PETROLEUM INC

  ST RC 865 KM 8.2, TOA BAJA, PR, 00952

  Registry ID: 110055488315

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• American Petroleum Company, Inc.entered 2013-08-21

  Primary law: CWA

Timeline (4 milestones)

• 2013-08-21Final Order Issued
• 2013-08-21NPDES Closed
• 2013-08-21Enforcement Action Closed
• 2013-10-23Enforcement Action Data Entered