EPA v. TRANSPORT CORP OF AMERICA, INC

Case summary

Transport Corporation of America, Inc. (���Transport���) is an interstate trucking business. On May 23, 2004, a tractor trailer owned and operated by Transport was involved in an accident on Interstate 80 (Mile 251), near Hazleton, Luzerne County, Pennsylvania. The truck ran off the highway, traveled down an embankment and came to rest in the Nescopeck Creek. The truck discharged approximately 108 gallons of diesel fuel and motor oil into the Nescopeck Creek. The Creek is a navigable water of the United States because it is a tributary of the Susquehanna River. 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. This discharge of oil into the Creek was a violation of Section 311(b)(3) of the Clean Water Act, 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, Transport is liable for civil penalties of up to $11,000 per violation, up to a maximum of $27,500. EPA issued an Expedited Settlement Agreement proposing a $1,600.00 penalty against Transport for this violation. Transport accepted the expedited penalty and tendered a check. The Regional Judicial Officer signed the Final Order on February 9, 2005, and it was filed on February 10. 2005 with the Regional Hearing Clerk.

Defendants (1)

• TRANSPORT CORP OF AMERICA, INCNamed in complaintNamed in settlement

Facilities (1)

• TRANSPORT CORP OF AMERICA, INC

  INTERSTATE 80 (MILE 251), HAZLETON, PA, 18201

  Registry ID: 110020686079

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• TRANSPORT CORP OF AMERICA, INCentered 2005-02-10

  Primary law: CWA

  Federal penalty: $1,600

Timeline (3 milestones)

• 2005-01-04Enforcement Action Data Entered
• 2005-02-10Complaint Filed/Proposed Order
• 2005-02-10Final Order Issued