EPA v. PRIMA MARKETING LLC

Case summary

Prima Marketing, LLC (���Prima���) is the owner and operator of Prima Store No. 5623 (���Facility���), which is located at Route 19 and Berlin Road, Jane Lew, Lewis County, West Virginia. On August 28, 2003, Prima discharged approximately 250 gallons of gasoline from an underground storage tank at the Facility, some of which entered into or upon Hackers Creek. Hackers Creek is a navigable water of the United States because it is a tributary of the West Fork River, which is a tributary of the Monongahela River. The gasoline leak from the Facility caused a film or sheen upon the surface of the water of Hackers Creek, and, therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. �� 110.3. The discharge of gasoline from the Facility into or upon Hackers Creek violated Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3). The Region issued an expedited penalty action against Prima assessing a penalty of $1,800.00 to resolve its civil liability for this spill. Prima has accepted the expedited penalty and tendered a check for the penalty. The Director���s signature is required on the Consent Agreement before it is filed with the Regional Hearing Clerk.

Defendants (1)

• PRIMA MARKETING LLCNamed in complaintNamed in settlement

Facilities (1)

• PRIMA MARKETING LLC

  ROUTE 19 & BERLIN ROAD, JANE LEW, WV, 26378

  Registry ID: 110018937668

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• PRIMA MARKETING LLCentered 2004-07-26

  Primary law: CWA

  Federal penalty: $1,800

Timeline (3 milestones)

• 2004-05-17Enforcement Action Data Entered
• 2004-07-26Complaint Filed/Proposed Order
• 2004-07-26Final Order Issued