EPA v. SERVICE ENERGY, LLC

Case summary

REGION III BOTH FILED AN ADMINISTRATIVE CONSENT AGREEMENT AND FINAL ORDER WITH SERVICE ENERGY, LLC, WHICH INITIATED AND CONCLUDED AN ENFORCEMENT ACTION, FOR FOUR VIOLATIONS OF THE OIL POLLUTION PREVENTION REGULATIONS, WHICH WERE PROMULGATED UNDER SECTION 311(j) OF THE CLEAN WATER ACT, AS AMENDED ( CWA ). THE CAFO ALLEGES THAT SERVICE ENERGY FAILED TO INSTALL ADEQUATE SECONDARY SPILL CONTAINMENT STRUCTURES AT THE LOADING/UNLOADING RACK AREA AT THE LEWES BULK PLANT OR THE MILFORD BULK PLANT WITHIN TWELEVE MONTHS OF BEGINNING OPERATIONS AT THESE FACILITIES, IN VIOLATION OF 40 C.F.R. 112.7(e)(4)(ii)(1973). THE CAFO ALSO ALLEGES THAT SERVICE ENERGY FAILED TO INSTALL ADEQUATE SECONDARY SPILL CONTAINMENT STRUCTURES AT THE BULK TANK STORAGE AREAS AT BOTH THE LEWES AND MILFORD BULK PLANTS WITHIN TWELVE MONTHS OF BEGINNING OPERATIONS AT THE FACILITIES, AND THEREFORE VIOLATED 40 CFR 112.7(e)(2)(ii)(1973). SERVICE ENERGY, LLC INSTALLED ADEQUATE SECONDARY CONTAINMENT STRUCTURES AT THE FACILITIES AFTER EPA ISPECTIONS IDENTIFIED THE VIOLATIONS. THE ADMINISTRATIVE COMPLAINT WAS ISSUED PURSUANT TO SECTION 311(b)(6)(B)(i) OF THE CWA.

Defendants (1)

• SERVICE ENERGY, LLCNamed in complaintNamed in settlement

Facilities (1)

• SERVICE ENEGRY, LLC - LEWES BULK PLANT

  33852 CLAY ROAD, LEWES, DE, 19958

  Registry ID: 110035842363

Statutes cited

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

Enforcement conclusions (1)

• SERVICE ENERGY, LLCentered 2010-09-15

  Primary law: CWA

  Federal penalty: $40,000

Timeline (3 milestones)

• 2010-09-15Complaint Filed/Proposed Order
• 2010-09-15Final Order Issued
• 2010-09-30Enforcement Action Data Entered