EPA v. West Virginia Oil Gathering Corp

Case summary

Region III issued an Administrative Complaint to the West Virginia Oil Gathering Corporation concerning a violation of Section 311(b)(3) of the Clean Water Act, ( Act ) as amended, 33 U.S.C. section 1321(b)(3). The violation occurred as a result of an January 13, 2002 discharge of an estimated nine (9) barrels of oil, as defined in Section 311(a)(1) of the Act, from a crude oil gathering pipeline located 1.75 miles north of Nutter Farm Ritchie County, West Virginia into an unnamed intermittent tributary to Buck Run which empties into Goose Creek. As a result of this discharge, an estimated six (6) barrels of oil entered Buck Run Creek and an estimated three (3) barrels of oil reached its adjoing shoreline. Goose Creek flows into the NOrth Fork of the Hughes River, which flows into the Little Kanawha River, which in turn flows into the Ohio River. The Administrative Complaint was issued pursuant to SEction 311(b)(6)(B)(i) of the CWA, 33 U.S.C. section 1321(b)(6)(B)(i), and proposed a Class I penalty of $5,156.25. Pursuant to Section 311(b)((6)(B)(i) of the Act and 40 C.F.R. Section 19.4, the Respondent is liable for civil penalties of up to $11,000 per violation, up to a maximum of $27,500.

Defendants (1)

• West Virginia Oil Gathering OilNamed in complaintNamed in settlement

Facilities (1)

• WEST VIRGINIA OIL GATHERING CORP

  1.75 M N OF NUTTER FARM, CAIRO, WV, 26337

  Registry ID: 110013700478

Statutes cited

• CWA 311[B][1] — Clean Water Act, OPA

Enforcement conclusions (1)

• West Virginia Oil Gathering Corpentered 2002-11-08

  Primary law: CWA

  Federal penalty: $5,156

Timeline (4 milestones)

• 2002-09-09Enforcement Action Data Entered
• 2002-09-25Complaint Filed/Proposed Order
• 2002-11-08Enforcement Action Closed
• 2002-11-08Final Order Issued