EPA v. FOLGE'S SEPTIC CLEAN, INC.

Case summary

FOGLE'S SEPTIC CLEAN, INC. ( FOGLE'S SEPTIC ) CONDUCTS FUEL STORAGE AND DISTRIBUTION IN CONNECTION WITH ITS SEPTIC SERVICE BUSINESS AT 580 OBRECHT ROAD, SYKESVILLE, MARYLAND ( FACILITY ) WITH AN ABOVE-GROUND STORAGE CAPACITY OF ABOUT 14,880 GALLONS. THE FACILITY WAS OWNED BY DAVID R. FOGLE, JR., DALE HARRISON FOGLE, KIMBERLY ANNY FOGEL, AND IS OWNED BY FOGLE'S PROPERTIES, LLC ( FOGLE'S PROPRETIES ). ON JANUARY 28, 2004 AN ANONYMOUS CALLER MADE A REPORT TO THE NATIONAL RESPONSE CENTER ( NRC ) OF AN UNKNOWN QUANTITY OF OIL PRESENT WHICH HAD CREATED A SHEEN ON AN UNNAMED TRIBUTARY OF PINEY RUN CREEK, WHICH IS A TRIBUTARY OF THE PATAPSCO RIVER, A NAVIGABLE WATER OF THE UNITED STATES. BEGINNING IN OR AROUND APRIL, 2004, EPA CONDUCTED AN EMERGENCY REMOVAL TO ADDRESS THE APPROXIMATELY 4,000-GALLON SPILL OF DIESEL FUEL IS ONGOING AND FOGLE'S SEPTIC CONTINUES TO TAKE RESPONSE ACTION TO MITIGATE THE EFFECTS OF THE SPILL. IN ADDITION, EPA INSPECTED THE FACILITY ON APRIL 19, 2005 AND FOUND VARIOUS VIOLATIONS OF THE OIL SPILL PREVENTION REGULATIONS LOCATED

Defendants (5)

• FOGLE PROPERTIES, LLC (SB)Named in complaint
• FOGLE SEPTIC CLEAN, INC (SB)Named in complaint
• KIMBERLY FOGEL (SB)Named in complaint
• DALE FOGLE (SB)Named in complaint
• DAVID FOGLE (SB)Named in complaint

Facilities (1)

• FOGLES SEPTIC CLEAN INC.

  580 OBRECHT ROAD, SYKESVILLE, MD, 21784

  Registry ID: 110019900286

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• FOLGES SEPTIC CLEAN, INC.entered 2007-09-25

  Primary law: CWA

  Federal penalty: $104,823

Timeline (3 milestones)

• 2007-06-11Complaint Filed/Proposed Order
• 2007-06-22Enforcement Action Data Entered
• 2007-09-25Final Order Issued