EPA v. BUCHANAN OIL CORP

Case summary

BUCHANAN OIL CORPORATION ( BUCHANAN ) IS ENGAGED IN THE WHOLESALE MARKETING OF PETROLEUM PRODUCTS MANUFACTURED BY EXXON CORP. IN VIRGINIA AND WEST VIRGINIA. ON MAY 8, 2004 AT APPROXIMATELY 2:00A.M., A TANKER TRUCK OWNED AND OPERATED BY BUCHANAN OVERTURNED ON ROUTE 52 NEAR THE TOWN OF HANOVER, WYOMING COUNTY, WEST VIRGINIA. AT THE TIME OF THE INCIDENT, THE TRUCK AS CARRYING APPROXIMATELY 7,400 GALLONS OF DIESEL FUEL. THE CARGO TANK RUPTURED WHEN THE TRUCK WENT OFF OF THE HIGHWAY AND RELEASED ALL OF ITS CONTENTS. MOST OF THE DIESEL FUEL ESCAPED INTO THE NEARBY LITTLE HUFF CREEK, WHICH IS A TRIBUTAR OF THE GUYANDOTTE RIVER. DUE TO BUCHANAN'S LATE NOTICE OF THE SPILL AND THE INEFFECTIVENESS OF ITS INITIAL RESPONSE EFFORTS, OVER 7,000 GALLONG OF DIESEL FUEL MIGRATED DOWNSTREAM TO THE GUYANDOTTE RIVER. THE SPILL CASED A FISH KILL AND INTERRUPTED THE OPERATION OF SEVERAL PUBLIC WATER INTAKES ON THE GUYANDOTTE RIVER. THIS DISCHARGE OF DISEL FUEL INTO WATERS OF THE UNITED STATES CONSTITUTED A VIOLATION OF SECTION 311(b)(3)OF THE CLEAN WATER ACT, AS AMENDED, 33 U.S.C. SECTION 1321(b)(3), ( CWA ). THE ADMINISTRATIVE COMPLAINT PROPOSES A MAXIMUM CLASS I PENALTY IN THE AMOUNT OF $11,000.00 AGAINST BUCHANAN FOR THE SPILL.

Defendants (1)

• BUCHANAN OIL CORP (SB)Named in complaint

Facilities (1)

• BUCHANAN OIL CORP

  HIGHWAY 460 WEST, OAKWOOD, VA, 24631

  Registry ID: 110018942162

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Timeline (2 milestones)

• 2004-09-15Enforcement Action Data Entered
• 2004-09-27Complaint Filed/Proposed Order