EPA v. BALTIMORE GAS AND ELECTRIC COMPANY

Case summary

BALTIMORE GAS AND ELECTRIC COMPANY ( BG&E ) IS A GAS AND ELECTRIC UTILITY SERVING THE BALTIMORE METROPOLITAN REGION. ON APRIL 3, 2004, APPROXIMATELY 3,100 GALLONS OF MINERAL OIL WERE RELEASED FROM A BG&E ELECTRICAL SUBSTATION LOCATED AT 1155 WAUGH CHAPEL ROAD, GAMBRILLS, ANNE ARUNDEL COUNTY, MARYLAND. SOME OF THE RELEASED OIL ENTERED A TRIBUTARY OF THE TOWSERS BRANCH. ON DECEMBER 17, 2004, APPROXIMATELY 185 GALLONS OF MINERAL OIL WAS RELEASED FROM A BG&E TRANSFORMER LOCATED AT THE INTERSECTION OF BOULDEN STREET AND EAST PRATT STREET IN BALTIMORE, MARYLAND. SOME OF THE OIL ENTERED A STORM DRAIN LEADING TO THE NORTHWEST HARBOR AND THE PATAPSCO RIVER. THESE DISCHARGES OF MINERAL OIL INTO WATER OF THE UNITED STATES CONSTITUTED VIOLATIONS OF SECTION 313(B)(3) OF THE CLEAN WATER ACT, AS AMENDED, 33 USC SEC. 1321(B)(3), ( CWA ). THE ADMINISTRATIVE COMPLAINT PROPOSES AN AGGREGATE CLASS I PENALTY IN THE AMOUNT OF $14,450.00 AGAINST BG&E FOR THE TWO SPILLS. THE PROPOSED PENALTY WAS CALCULATED AFTER CONSIDERATION OF THE APPLICABLE STATUTORY PENALTY FACTORS IN SECTION 311(B)(8) OF THE CWA, 33 USC SEC. 1321(B)(8), INCLUDING THE SERIOUSNESS OF THE VIOLATIONS; 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 SPILLS.

Defendants (1)

• BALTIMORE GAS AND ELECTRIC COMPANYNamed in complaintNamed in settlement

Facilities (2)

• ELECTRICAL SUBSTATION SPILL (BALTIMORE)

  BOULDEN AND EAST PLATT STREETS, BALTIMORE, MD, 21054

  Registry ID: 110024272259

• ELECTRICAL SUBSTATION SPILL (GAMBRILLS)

  1155 WAUGH CHAPEL ROAD, GAMBRILLS, MD, 21054

  Registry ID: 110045637165

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BALTIMORE GAS AND ELECTRIC COMPANYentered 2005-12-15

  Primary law: CWA

  Federal penalty: $14,450

Timeline (3 milestones)

• 2005-09-23Complaint Filed/Proposed Order
• 2005-10-07Enforcement Action Data Entered
• 2005-12-15Final Order Issued