EPA v. WILCO HESS LLC

Case summary

ON MARCH 5, 2004, A CONVENIENCE STORE OWNED AND OPERATED BY WILCO HESS LLC DISCHARGED APPROXIMATELY 100 GALLONS OF GASOLINE, AS DEFINED IN SECTION 311(a)(1) OF THE CWA, 33 U.S.C. SECTION 132(a)(1), AND 40 C.F.R. SECTION 110.1, FROM A FUEL DISPENSER INTO OR UPON AN UNNAMED TRIBUTARY IN LYNCHBURG, LYNCHBURG COUNTY, VIRGINIA. THE UNNAMED TRIBUTARY IS A NAVIGABLE WATER OF THE UNITED STATES AS DEFINED IN SECTION 502(7) OF THE CWA, 33 U.S.C. SECTION 1362(7), AND 40 C.F.R. SECTION 110.1, BECAUSE IT IS A TRIBUTARY OF BURTON CREEK, WHICH IS A TRIBUTARY TO BLACK WATER CREEK, WHICH IS A TRIBUTARY TO THE JAMES RIVER. THIS DISCHARGE OF OIL CAUSED A FILM OR SHEEN UPON OR DISCLORORATION 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. SECTION 110.3. THE DISCHARGE OF OIL INTO OR UPON THE UNNAMED TRIBUTARY VIOLATED SECTION 311(b)(3) OF THE CWA, 33 U.S.C. SECTION 1321(b)(3). PURSUANT TO SECTION 311(b)(6)(B)(i) OF THE CWA, 33 U.S.C. SECTION 1321(b)(6)(B)(i), AND 40 C.F.R. SECTION 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 WILCO HESS ASSESSING A PENALTY OF $1,500.00 TO RESULVE WILCO HESS' CIVIL LIABILITY FOR THIS SPILL INCIDENT. WILCO HESS HAS ACCEPTED THE EXPEDITED PENALTY AND TENDERED A CHECK FOR THE PENALTY. AN EXECUTED EXPEDITED PENALTY AGREEMENT AND FINAL ORDER WAS FILED WITH THE REGIONAL HEARING CLERK ON OCTOBER 28, 2004

Defendants (1)

• WILCO HESS LLCNamed in complaintNamed in settlement

Facilities (1)

• WILCO HESS LLC

  3001 WARDS RD, LYNCHBURG, VA, 24502

  Registry ID: 110020051780

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• WILCO HESS LLCentered 2004-11-02

  Primary law: CWA

  Federal penalty: $1,500

Timeline (3 milestones)

• 2004-09-15Enforcement Action Data Entered
• 2004-11-02Complaint Filed/Proposed Order
• 2004-11-02Final Order Issued