EPA v. PENINSULA OIL CO, INC

Case summary

On April 21, 2010, EPA Region III filed a Consent Agreement and Final Order in settlement of an administrative enforcement action against Peninsula Oil Company, Inc. (“Respondent”). On September 30, 2009, Region III issued an Administrative Complaint against the Respondent for violations of the Oil Pollution Prevention regulations, 40 C.F.R. Part 112, promulgated pursuant to Section 311(j) of the CWA, at two facilities operated by the Respondent. The Respondent’s Wilco Bulk Plant facility has an oil storage capacity. The Respondent’s Blades Bulk Plant facility has an oil storage capacity. Both facilities border the Nanticoke River, which is a navigable in fact water of the United States. EPA alleged a violation of Section 112.21 of the Oil Pollution Prevention regulations for Respondent’s failure to implement a facility response training and a drills and exercises program at the Wilco Bulk Plant. In addition, EPA alleged a violation of Section 112.7(e)(2)(ii) for Respondent’s failure to provide sufficiently impervious secondary containment at the Wilco Bulk Plant. EPA also alleged violations of Sections 112.7(e)(3)(iii) and (iv) and 112.8(e)(8) due to Respondent’s inadequate pipe supports at both the Wilco Bulk Plant and the Blades Bulk Plant. Finally, EPA alleged violations of 112.7(e)(8) for the Respondent’s failure to retain records of required facility inspections. The Administrative Complaint was issued pursuant to Section 311(b)(6)(B)(ii) of the Clean Water Act, and proposed a Class II penalty. After Alternative Dispute Resolution, EPA and the Respondent agreed to a Class II penalty to resolve the administrative action.

Defendants (1)

• PENISULA OIL COMPANY, INCNamed in complaintNamed in settlement

Facilities (2)

• BLADES BULK PLANT

  40 SOUTH MARKET STREET, SEAFORD, DE, 19973

  Registry ID: 110000585162

• WILCO BULK PLANT

  901 NANTICOKE AVE., SEAFORD, DE, 19973

  Registry ID: 110032877634

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• PENINSULA OIL CO, INCentered 2010-04-21

  Primary law: CWA

  Federal penalty: $66,000

Timeline (3 milestones)

• 2009-09-30Enforcement Action Data Entered
• 2009-09-30Complaint Filed/Proposed Order
• 2010-04-21Final Order Issued