EPA v. APPALACHIAN OIL COMPANY INC

Case summary

Appalachian Oil Company, Inc. (���Appalachian���), is engaged in the wholesale marketing of petroleum products in the Southeastern United States. On January 5, 2005 at approximately 4:00 a.m., a tanker truck owned and operated by Appalachian overturned on Route 23 near the town of Big Stone Gap, Virginia. At the time of the incident, the truck was carrying approximately 7,500 gallons of diesel fuel. The cargo tank ruptured when the truck overturned and struck the guardrail, releasing all of its contents. Most of the diesel fuel escaped into the nearby Wildcat Creek, which is a tributary of the Powell River. As much as 7,000 gallons of diesel fuel entered Wildcat Creek. The Commonwealth has identified several natural resource heritage species indigenous to the Wildcat Creek downstream from the spill site. This discharge of diesel 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. �� 1321(b)(3), (���CWA���). The enclosed administrative complaint proposes an a maximum Class I penalty in the amount of $11,000.00 against Appalachian for the spill. The proposed penalty was calculated after consideration of the applicable statutory penalty factors in Section 311(b)(8) of the CWA, 33 U.S.C. ��1321(b)(8), including the seriousness of the violation; the degree of culpability involved; the respondent���s history of prior violations; and the nature, extent, and degree of success of the respondent���s efforts to mitigate the effects of the spill.

Defendants (1)

• APPALACHIAN OIL COMPANY INCNamed in complaintNamed in settlement

Facilities (1)

• TANK TRUCK SPILL

  HIGHWAY 23, BIG STONE GAP, VA, 24219

  Registry ID: 110024279680

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• APPALACHIAN OIL COMPANY INCentered 2006-08-07

  Primary law: CWA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2005-08-26Enforcement Action Data Entered
• 2005-09-20Complaint Filed/Proposed Order
• 2006-08-07Final Order Issued