EPA v. EXIDE TECHNOLOGIES

Case summary

On July 1, 2003, a truck owned and operated by Exide Technologies was involved in an accident and discharged approximately 89 gallons of diesel fuel and motor oil into or upon Tunkhannock Creek in Lenox Township, Susquehanna County, Pennsylvania. Tunkhannock Creek is a navigable water of the United States because it is a tributary of the Susquehanna River. The spill caused a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, and, therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. �� 110.3. The discharge of oil into Tunkhannock Creek violated Section 311(b)(3) of the Clean Water Act, 33 U.S.C. �� 1321(b)(3). Exide has executed the enclosed Expedited Settlement Agreement and paid the proposed $500.00 penalty for this violation. The Director���s signature is required on the Consent Agreement before it is filed with the Regional Hearing Clerk.

Defendants (1)

• EXIDE TECHNOLOGIESNamed in complaintNamed in settlement

Facilities (1)

• EXIDE TECHNOLOGIES

  EXIT 211,I-81, MOOSIC, PA, 18501

  Registry ID: 110018935973

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• EXIDE TECHNOLOGIESentered 2004-09-10

  Primary law: CWA

  Federal penalty: $500

Timeline (3 milestones)

• 2004-05-17Enforcement Action Data Entered
• 2004-09-10Complaint Filed/Proposed Order
• 2004-09-10Final Order Issued