EPA v. STOTTER, DAVID & LORETTA

Case summary

EPA, REGION III ISSUED AN ADMINISTRATIVE ORDER UNDER 311(c) OF THE CLEAN WATER ACT TO THE PROPERTY OWNER WHERE A HOME HEATING OIL TANK WAS DISCOVERED LATE APRIL 2005. THE ON SCENE COORDINATOR WAS INVESTIGATING THE SOURCE OF AN OIL SPILL THAT WAS IMPACTING VALLEY CREEK IN LOWER MERION, MONTGOMERY COUNTY, PENNSYLVANIA. AFTER CONDUCTING A MAGNETOMETER SURVEY THROUGHOUT A NEIGHBORHOOD, HE DISCOVERED AN ANOMALY ON ONE PROPERTY WHERE THE HOME WAS USING GAS HEAT. IN APRIL, AFTER SOME LIGHT EXCAVATION, THE ON SCENE COORDINATOR FOUND A HOME HEATING OIL TANK, ESTIMATED TO BE 275 GALLONS IN CAPACITY. ON MAY 5, 2005, THE ON SCENE COORDINATOR AND ASSISTANT REGIONAL COUNSEL MET WITH THE PROPERTY OWNER AND HIS ATTORNEY TO DISCUSS OPTIONS FOR PERFORMING REMOVAL ACTIVITIES. THE PROPERTY OWNER EXPRESSED INTEREST IN CONDUCTING THE TANK REMOVAL AND CLEANUP ON HIS PROPERTY. EPA FORMALIZED THIS AGREEMENT BY ISSUING AN ADMINISTRATIVE ORDER UNDER 311(c) OF THE CLEAN WATER ACT. THE OWNER HAS HIRED A CLEANUP CONTRACTOR AND THE CONTRACTOR HAS REMOVED THE TANK, WHICH HAD SEVERAL HOLES IN IT. THE CONTRACTOR WILL NEXT EXCAVATE AND DISPOSE OF CONTAMINATED SOIL AT THE SITE. EPA WILL CONTINUE TO MAINTAIN THE BOOM IN VALLEY CREK UNTIL THE NOT NEEDED.

Defendants (1)

• STOTTER, DAVID & LORETTA (SB)Named in settlement

Facilities (1)

• ANDREW ROAD MYSTERY SPILL

  413 ANDREW ROAD, MERION, PA, 19066

  Registry ID: 110022868887

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• STOTTER, DAVID & LORETTAentered 2005-05-05

  Primary law: CWA

Timeline (2 milestones)

• 2005-05-05Final Order Issued
• 2005-05-25Enforcement Action Data Entered