EPA v. ERGON WEST VIRGINIA, INC

Case summary

On February 17, 2004, a wastewater treatment plant owned and operated by Ergon West Virginia, Inc discharged approximately 100 gallons of oily sediment, as defined in Section 311(a)(1) of the CWA, 33 U.S.C. �� 1321(a)(1), and 40 C.F.R. �� 110.1, from a temporary pipe into or upon the Ohio River in Newell, Hancock County, West Virginia. The Ohio River Run is a navigable water of the United States as defined in Section 502(7) of the CWA, 33 U.S.C. �� 1362(7), and 40 C.F.R. �� 110.1. This discharge of oil 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 or upon the Ohio River violated Section 311(b)(3) of the CWA, 33 U.S.C. �� 1321(b)(3). Pursuant to Section 311(b)(6)(B)(i) of the CWA, 33 U.S.C. �� 1321(b)(6)(B)(i), and 40 C.F.R. �� 19.4, Respondent is liable for civil penalties of up to $11,000 per violation, up to a maximum of $27,500. The Region issued an expedited penalty action against Ergon assessing a penalty of $500.00 to resolve its civil liability for this spill incident. Ergon accepted the expedited penalty and tendered a check for the penalty. The Regional Judicial Officer approved the Expedited Penalty Action and Final Order on December 30, 2004.

Defendants (1)

• ERGON WEST VIRGINIA, INCNamed in complaintNamed in settlement

Facilities (2)

• ERGON WEST VIRGINIA REFINERY (A.K.A CONGO REFINERY)

  2750 CONGO ROAD, NEWELL, WV, 26050

  Registry ID: 110027982565

• ERGON WEST VIRGINIA REFINERY (A.K.A CONGO REFINERY)

  2750 CONGO ROAD, NEWELL, WV, 26050

  Registry ID: 110027982565

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• ERGON WEST VIRGINIA, INCentered 2004-12-30

  Primary law: CWA

  Federal penalty: $500

Timeline (3 milestones)

• 2004-09-15Enforcement Action Data Entered
• 2004-12-30Final Order Issued
• 2004-12-30Complaint Filed/Proposed Order