EPA v. FRAME AND LEANY RESOURCES

Case summary

On January 20, 2010, the Regional Judicial Officer signed the Final Order on a Consent Agreement, entered into between EPA and Frame and Leany, a Nevada corporation. Respondent was formed in 1982 to purchase and operate wells in West Virginia. Respondent was the owner and operator of an onshore facility consisting of aboveground storage tanks (“ASTs”) of crude oil, brine and oily water. The Facility is approximately one-quarter mile away from Leatherwood Creek, a navigable water of the United States. EPA had issued an Administrative Complaint alleging that the Respondent: (1) discharged of crude oil into navigable waters of the United States in violation of Section 311(b)(3) of the CWA; (2) failed to prepare, certify and implement an SPCC Plan in violation of 40 C.F.R. § 112.3; (3) failed to implement requirements pertaining to inspections and records in violation of 40 C.F.R. § 112.7(e)(8); (4) failed to implement requirements pertaining to personnel, training and spill procedures in violation of 40 C.F.R. § 112.7(e)(10); (5) failed to implement requirements pertaining to oil production facilities in violation of 40 C.F.R. § 112.7(e)(5)(ii)(B); and (6) failed to implement a Flow Line Maintenance Program and failure to address salt water disposal in violation of 40 C.F.R. § 112.7(e)(5)(iv)(B) and (C). Respondent has agreed to pay of penalty in settlement of the matter. In addition, EPA and Respondent have entered into an Administrative Order on Consent, EPA Docket No. CWA-03-2010-0051CW, pursuant to which Respondent will prepare an SPCC plan for nine additional facilities that are currently without plans.

Defendants (1)

• FRAME AND LEANY RESOURCESNamed in settlement

Facilities (1)

• FRAME AND LEANY RESOURCES

  ARRONS FORK ROAD, ELKVIEW, WV, 25071

  Registry ID: 110041209233

Statutes cited

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

Enforcement conclusions (1)

• FRAME AND LEANY RESOURCESentered 2010-01-20

  Primary law: CWA

Timeline (2 milestones)

• 2010-01-20Final Order Issued
• 2010-02-04Enforcement Action Data Entered