EPA v. VIRGINIA ELECTRIC AND POWER COMPANY

Case summary

VIRGINIA ELECTRIC AND POWER COMPANY ( VIRGINIA POWER ) HAS OPERATED A LARGE ONSHORE OIL STORAGE FACILITY IN DUMFRIES, VIRGINIA, WITHOUT IMLEMENTING A NUMBER OF THE REQUIRED SPILL PREVENTION MEASURES, IN VIOLATION 40 C.F.R. SECTION 112.3 AND 112.7. SPECIFICALLY, THE COMPANY (1) FAILED TO HAVE ADEQUATE SECONDARY CONTAINMENT AROUND THE BULK STORAGE TANKS (2) FAILED TO KEEP THE CONTAINMENT AREA AROUND THE TANKS FREE OF VEGETATION SO THAT THE TANKS COULD BE VISUALLY INSPECTED; (3) FAILED TO PROMPTLY CORRECT VISIBLE OIL LEAKS; (4) FAILED TO PROPERLY CAP OR BLANK-FLANGED OUT-OF-SERVICE PIPING; (5) FAILED TO KEEP THE CONTAINMENT AREA AROUND THE TANK FREE OF VEGETATION SO THAT THE PIPING COULD BE VISUALLY INSPECTED; (6) FAILED TO PROVIDE SECONDARY CONTAINMENT AROUND THE TANK TRUCK UNLOADING AREA FOR THE DIESEL FUEL TANK WHICH POERS THE FIRE WATER PUMP; (7) FAILED TO IMPLEMENT A SYSTEM WHICH PREVENTS PREMATURE VEICULAR DEPARTURE IN THE LOADING/UNLOADING AREA, AND FAILED TO ADDRESS THIS IN THE SPCC PLAN; (8) FAILED TO DISCUSS IN ITS SPCC PLAN THE INSPECTION OF VEHICLE DRAINS FOR LEAKAGE PRIOR TO FILLING OR DEPARTURE; AND (9) FAILED TO PROPERLY LOCK THE VALVE ON THE DIESEL FUEL TANK WHICH POWERS THE FIRE WATER PUMP, AND FAILED TO ADDRESS THIS IN THE SPCC PLAN. IN ADDITION, VIRGINIA POWER MAY HAVE OPERATED THE FACILITY WITHOUT DEVELOPUNG AND IMPLEMENTING THE NECESSARY RESPONSE DRILLS/EXERCISES, IN VIOLATION OF 40 C.F.R. SECTION 112.21(A). THESE VIOLATIONS SUBJECT VIRGINIA POWER TO PENALTIES UNDER SECTION 311(B)(7) OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1321(B)(7)(C). ON SEPTEMBER 30, 1998, EPA REFERRED THE CASE TO THE DEPARTMENT OF JUSTICE ( DOJ ), AND REQUESTED THA DOJ FILE A COMPLAINT SEEKING PENALTY ASSESSMENT AND INJUNCTIVE RELIEF OF THESE VIOLATIONS. THIS REFERRAL IS SIGNIFICANT BECAUSE THIS WILL BE THE SECOND JUDICIAL CASE THAT EPA HAS INITIATED FOR VIOLATIONS OF THE SPILL RESPONSE REQUIREMENTS.

Defendants (1)

• VIRGINIA ELECTRIC AND POWER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• VIRGINIA ELECTRIC POWER COMPANY POSSUM POINT POWER STATION

  19000 POSSUM POINT ROAD, DUMFRIES, VA, 22026-2899

  Registry ID: 110000340774

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• Virginia Electric and Power Companyentered 2001-12-17

  Primary law: CWA

  Federal penalty: $600,000

Timeline (6 milestones)

• 1998-09-30Referred To Dept Of Justice
• 1998-10-02Enforcement Action Data Entered
• 2001-12-14Complaint Filed With Court
• 2001-12-14Final Order Lodged
• 2001-12-17Final Order Entered
• 2001-12-20Enforcement Action Closed