EPA v. CONSOLIDATION COAL CO

Case summary

Consolidation Coal Company is the owner and operator of the Dilworth Mine located at 253 River Road, Rices Landing, Greene 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 February 1, 2003, Consolidation Coal Co. discharged approximately 700 gallons of heating oil from the Mine into the Monongahela 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 Consolidation Coal Co. seeking a penalty of $1,800.00 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)

• CONSOLIDATION COAL CONamed in complaintNamed in settlement

Facilities (1)

• DILWORTH MINE

  253 RIVER RD, RICES LANDING, PA, 15357

  Registry ID: 110010960004

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CONSOLIDATION COAL COentered 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