EPA v. INVITATION ENERGY, INC

Case summary

Invitation Energy, Inc. (���Invitation���) is a West Virginia corporation with a principal place of business located on Route 2, Shinnston, West Virginia. Invitation is involved in the production of oil and natural gas. It operates a production well off of Route 14 north of the village of Central, Wood County, West Virginia (the ���Well���). Invitation maintains three above-ground storage tanks (���ASTs���) at the Well. In August 2003, EPA discovered that the Well was leaking crude oil into an unnamed tributary of the Briscoe Run. The Briscoe Run is a tributary of the Ohio River. Oil and sheens have been observed in the unnamed tributary and the Briscoe Run. EPA learned that the Well has been leaking oil since March 2003. EPA also discovered that Invitation does not have a SPCC Plan for the ASTs at the Well. Two of the ASTs are situated within a dike system which drains into a ditch running offsite. EPA sent Invitation two requests for information about the Well pursuant to Section 308(a) of the Clean Water Act, as amended (���CWA���), 33 U.S.C. �� 1318(a). Invitation failed to respond to the requests. The ongoing discharge of oil from the Well is a continuing violation of Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3). Invitation���s failure to have a SPCC Plan and failure to control drainage from its facility are violations of the regulations promulgated under Section 311(j) of the CWA, 33 U.S.C. �� 1321(j). Invitation���s failure to respond to the Section 308(a) letters subjects it to liability for a penalty pursuant to 33 U.S.C. �� 1319(g). The complaint seeks to impose civil penalties totaling $369,625.00 against Invitation for the above violations

Defendants (1)

• INVITATION ENERGY, INCNamed in complaintNamed in settlement

Facilities (1)

• INVITATION ENERGY, INC

  RURAL ROUTE 2, SHINNSTON, WV, 26431

  Registry ID: 110018934493

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 308 — Information Request, Records, Entry
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• INVITATION ENERGY, INCentered 2005-11-25

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2004-07-08Enforcement Action Data Entered
• 2004-07-21Complaint Filed/Proposed Order
• 2005-11-25Final Order Issued
• 2007-04-23Enforcement Action Closed