EPA v. BURNING SPRINGS OIL INC

Case summary

Burning Springs Oil is the owner and operator of an oil production facility in Burning Springs, Wirt 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 or about March 31st, 2003, the facility discharged approximately 850 gallons of crude oil into the Left Fork of Burning Springs Run. The facility���s March 31st, 2003 discharge of oil into the Left Fork of Burning Springs Run violated Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3). The Region commenced an expedited penalty action against Burning Springs Oil seeking a penalty of $1,800.00 to resolve the company���s civil liability for this spill. After Burning Springs paid the penalty, the Regional Judicial Officer signed a Consent Agreement on February 11, 2004 which concluded the case.

Defendants (1)

• BURNING SPRINGS OIL INCNamed in complaintNamed in settlement

Facilities (1)

• BURNING SPRINGS OIL INC

  RTE 3, ELIZABETH, WV, 26143

  Registry ID: 110016767186

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BURNING SPRINGS OIL INCentered 2004-02-12

  Primary law: CWA

  Federal penalty: $1,800

Timeline (3 milestones)

• 2003-12-05Enforcement Action Data Entered
• 2004-02-12Complaint Filed/Proposed Order
• 2004-02-12Final Order Issued