EPA v. WEST VIRGINIA OIL GATHERING CORPORATION BROOKSVILLE STATION

Case summary

ON MAY 6, 2008, REGION III FINALIZED AN ADINISTRATIVE CONSENT AGREEMENT AND FINAL ORDER AGAINST WEST VIRIGINA OIL GATHERING CORPORATION FOR A VIOLATION OF SECTION 311(b)(3) OF CLEAN WATER ACT, AS AMENDED ( CWA ). ON NOVEMBER 28,2007, FIVE BARRELS OF OIL WERE DISCHARED FROM A PIPE AT WVOG's BROOKSVILLE STATION, AN OIL COLLECTION AND STAGING AREA, ONTO THE SHORELINE OF THE LITTLE KANAWHA RIVER, WHICH IS A NVAIGABLE WATER OF THE UNITED STATES PURSUANT TO SECTION 502(7) OF THE CWA AND 40 C.F.R SUBSECTION 110.1 (1974)(AMENDED 2003). OF THOSE FIVE BARRELS, APPROXIMATELY TOW BARRELS OF OIL WERE DISCHARED FROM THE BROOKSVILLE STATION INTO THE LITTLE KANAWHA RIVER. THE SPILL CONSTITUES A VIOLATION OF SECTION 311(b)(3), 33 U.S.C. SUBSECTON 1311(b)(3), AND SUBJECTIS WVOG TO ADMINISTRATIVE PENALTIES. THE ADMINISTRATIVE COMPLAINT WAS ISSUED PURSUANT TO SECTION 311(b)(6)(B)(i) OF THE CWA. EPA PROPOSED AND WVOG SUBSEQUENTLY AGREED TO A CLASS I PENALTY OF $3,375.00.

Defendants (1)

• WEST VIRGINIA OIL GATHERING CORP (SB)Named in complaintNamed in settlement

Facilities (1)

• WEST VIRGINIA OIL GATHERING CORPORATION

  STATE ROUTE 5, SHERIDAN DISTRICT, BIG BEND, WV, 26136

  Registry ID: 110037082475

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• WEST VIRGINIA OIL GATHERING CORPORATION BROOKSVILLE STATIONentered 2008-05-06

  Primary law: CWA

  Federal penalty: $3,375

Timeline (3 milestones)

• 2008-05-06Complaint Filed/Proposed Order
• 2008-05-06Final Order Issued
• 2008-05-06Enforcement Action Data Entered