EPA v. JL ROTHROCK INCORPORATED

Case summary

ON JUNE 20, 2011, RESPONDENT DISCHARGED APPROXIMATELY 155 GALLONS OF DIESEL FUEL INTO CABIN CREEK, WHICH IS A TRIBUTARY TO THE KANAWHA RIVER, A NAVIGABLE WATERWAY. THE SPILL WAS THE RESULT OF A TRUCK ACCIDENT IN CHEYLAN, KANAWHHA COUNTY, WV. J.L. ROTHROCK HIRED A CLEANUP AND CONSULTING FIRM TO HANDLE THE CLEANUP AND REMEDIATION OF THE SPILL. THE DRIVER OF THE TRUCK WAS CITED FOR DRIVING TOO FAST FOR CONDITIONS. WV DEP HAD NOT INVOLVEMENT IN THIS INCIDENT. THIS DISCHARGE CAUSE A VISIBLE SHEEN ON THE SURFACE OF CABIN CREEK, AND IS THEREFORE A VIOLATION UNDER SECTION 311(b)(3) OF THE CWA, 33 U.S.C. SECTION 1321(b)(3).

Defendants (1)

• JL ROTHROCK INC (SB)Named in complaintNamed in settlement

Facilities (1)

• JL ROTHROCK, INCORPORATED

  ST: I-77 M POINT 185, CHEYLAN, CHEYLAN, WV, 25035

  Registry ID: 110045464840

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• JL ROTHROCK INCORPORATEDentered 2012-01-27

  Primary law: CWA

  Federal penalty: $1,500

Timeline (3 milestones)

• 2012-01-27Final Order Issued
• 2012-01-27Complaint Filed/Proposed Order
• 2012-03-05Enforcement Action Data Entered