EPA v. TRIAD RESOURCES, INC

Case summary

Triad Resources, Inc. (���Triad���) is the owner and operator of an oil collection pipeline in the vicinity of Granny���s Creek, Roane County, West Virginia. The discharge of oil in a quantity as has been determined may be harmful to the public health, welfare or environment of the United States is a violation of Section 311(b)(3) of the Clean Water Act, 33 U.S.C. �� 1321(b)(3). Under the applicable regulations, a harmful quantity of oil is that which causes a film or sheen upon or discoloration of the surface of water or adjoining shorelines. 40 C.F.R. �� 110.3. On December 17, 2002, Triad discharged approximately 4 barrels (168 gallons) of oil into an unnamed tributary of the South Fork of Granny���s Creek. Triad���s discharge of oil into or upon the unnamed tributary violated Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3). The Region commenced an expedited penalty action against Triad seeking a penalty of $500.00 to resolve Triad���s civil liability for this spill. After Triad paid the penalty, the Regional Judicial Officer signed a Consent Agreement on February 3, 2004 which concluded the case.

Defendants (1)

• TRIAD RESOURCES, INCNamed in complaintNamed in settlement

Facilities (1)

• GRANNY 'S CREEK PIPELINE

  ROUTE 2, GRANNY'S CREEK, WV, 25043

  Registry ID: 110016767284

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• TRIAD RESOURCES, INCentered 2004-01-27

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2003-10-06Enforcement Action Data Entered
• 2004-01-27Enforcement Action Closed
• 2004-01-27Complaint Filed/Proposed Order
• 2004-01-27Final Order Issued