EPA v. Smith, Dennis W Inc

Case summary

On June 26, 2003, Region III issued an Administrative Complaint against Dennis W. Smith, Inc pertaining to a violation of Section 311(j) of the Clean Water Act, as amended, ( CWA ), 33 U.S.C. section 1321(j). DWSI operated a land-clearing business from a facility in Moseley, Virginia. In December 2002, EPA inspected DWSI's facility and discovered two above-ground storage tanks ( ASTs ) with a combined capacity of 6,000 gallons in use at the facility for the storage of diesel fuel. These ASTs had been installed by DWSI in 1990. DWSI's facility is uphill and approximately one-quarter mile away from a tributary of the West Branch of the Swift Creek, which feeds the Swift Creek REservoir. DWSI did not have a Spill Prevention Control and Countermeasures ( SPCC ) plan for its facility in violation of Section 311(j) of the Clean Water Act, 33 U.S.C. section 1321(j), and the regulations at 40 C.F.R. Part 112. The Administrative Complaint was issued pursuant to Setion 311(b)(6)(B)(i) of the CWA, 33 U.S.C. section 13321(b)(6)(B)(i), and proposed a Class I penalty of $15,730.00. Pursuant to Section 311(b)(6)(B)(i) of the Act and 40 C.F.R. setion 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)

• Smith, Dennis W Inc (SB)Named in complaintNamed in settlement

Facilities (1)

• SMITH, DENNIS W , INC

  17000 HULL RD, MOSELEY, VA, 23120

  Registry ID: 110015764699

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• SMITH, DENNIS W INCentered 2004-06-30

  Primary law: CWA

  Federal penalty: $5,000

Timeline (3 milestones)

• 2003-06-04Enforcement Action Data Entered
• 2003-06-26Complaint Filed/Proposed Order
• 2004-06-30Final Order Issued