EPA v. BFS PETROLEUM PRODUCTS, INC A DIVISION OF BRUCETON FARM SERVICE, INC. D/B/A BRUCETON PETROLEUM, INC.

Case summary

On March 24, 2010, the Director, Hazardous Sites Cleanup Division signed a Consent Agreement and Final Order (“CAFO”) with BFS Petroleum Products, Inc., a division of Bruceton Farm Service, Inc., a/d/b/a Bruceton Petroleum Co., Inc., for violations of the Oil Pollution Prevention Regulations, 40 C.F.R. Part 112. Respondent’s facility, located at 201, 302 and 410 West Myles Ave., Pennsboro, WV 26415 is approximately 100 yards away from Bunnells Stream, a tributary to the Hughes River which is a tributary to the Little Kanawha River which is a tributary to the Ohio River, a navigable-in-fact water of the U.S. On March 12, 2008, Respondent discharged gasoline which entered Bunnells Stream, which discharge caused a sheen or discoloration on the surface of the water in violation of 40 C.F.R. § 110.3(b). Respondent did not report the spill to the National Response Center (“NRC”). EPA inspected the Facility on April 10, 2008, at which time Respondent provided EPA with an inadequate SPCC plan. Investigation at the time and a follow-up inspection revealed spill prevention and containment requirements, as well as record keeping and reporting violations. Under the CAFO, Respondent will pay a penalty.

Defendants (1)

• BFS PETROLEUM PRODUCTS, INCNamed in complaintNamed in settlement

Facilities (1)

• BFS PETROLEUM PRODUCTS, INC

  201, 302, 410 WESTMYLES AVENUE, PENNSBORO, WV, 26415

  Registry ID: 110035843255

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BFS PETROLEUM PRODUCTS, INC A DIVISION OF BRUCETON FARM SERVICE, INC. D/B/A BRUCETON PETROLEUM, INC.entered 2010-03-24

  Primary law: CWA

  Federal penalty: $83,000

Timeline (3 milestones)

• 2009-09-09Complaint Filed/Proposed Order
• 2009-09-14Enforcement Action Data Entered
• 2010-03-24Final Order Issued