EPA v. ALLEGHENY HYDRO PARTNERS, LTD

Case summary

Allegheny Hydro Partners, Ltd. is the owner and operator of a hydroelectric plant known as Allegheny Hydro No. 5 in Schenley, Armstrong County, Pennsylvania. The discharge of oil into waters of the United States 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 July 11th, 2003, the company discharged approximately 75-100 gallons of oil into the Allegheny River. This discharge of oil violated Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3). The Region commenced an expedited penalty action against Allegheny Hydro Partners seeking a penalty of $500.00 to resolve the company���s civil liability for the spill. After the company paid the penalty, the Regional Judicial Officer signed a Consent Agreement on February 11, 2004 which concluded the case.

Defendants (1)

• ALLEGHENY HYDRO PARTNERS, LTDNamed in complaintNamed in settlement

Facilities (1)

• ALLEGHENY # 5 HYDRO PLANT

  1400 4TH AVE, SCHENLEY, PA, 15682

  Registry ID: 110016767293

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• ALLEGHENY HYDRO PARTNERS, LTDentered 2004-02-12

  Primary law: CWA

  Federal penalty: $500

Timeline (3 milestones)

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