EPA v. PENINSULA OIL AND PROPANE, INC. (BLADES BULK PLANT)

Case summary

On September 30, 2014, Region III both filed a Complaint against and finalized an Administrative Consent Agreement and Final Order with Peninsula Oil and Propane Inc. (“Peninsula”) for a violation of Section 311(b)(3) of the Clean Water Act and for violations of the Oil Pollution Prevention Regulations, which were promulgated under Section 311(j) of the CWA. The CAFO finds that Peninsula caused the unlawful spill of oil from its Blades Bulk Plant Facility located at 40 South Market Street, Seaford, Delaware (“Facility”) into the Nanticoke River, which is a navigable water of the United States, in violation of Section 311(b)(3) of the CWA. The CAFO also finds that Peninsula failed to fully implement its Spill Prevention, Control Countermeasure (“SPCC”) Plan because Peninsula 1) failed to have technical amendments to the SPCC Plan certified by a Professional Engineer as required by 40 C.F.R. § 112.5; 2) failed to create and keep records of inspections as required by 40 C.F.R. § 112.7(e); 3) failed to conduct annual spill training for calendar year 2012 as required by 40 C.F.R. § 112.7(f)(3); 4) failed to have sufficiently impervious secondary containment as required by 40 C.F.R. § 112.8(c); and 5) failed to have in place pipe supports that minimized abrasion and corrosion and allowed for expansion and contraction as required by 40 C.F.R. § 112.8(d)(3). The Administrative Complaint was issued pursuant to Section 311(b)(6)(B)(ii) of the CWA. EPA and Peninsula subsequently agreed to a Class II penalty of $38,272.00.

Defendants (1)

• PENINSULA OIL AND PROPANE, INC.Named in complaintNamed in settlement

Facilities (1)

• BLADES BULK PLANT

  40 SOUTH MARKET STREET, SEAFORD, DE, 19973

  Registry ID: 110000585162

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• PENINSULA OIL AND PROPANE, INC. (BLADES BULK PLANT)entered 2014-09-30

  Primary law: CWA

  Federal penalty: $38,272

Timeline (4 milestones)

• 2014-09-30Final Order Issued
• 2014-09-30Complaint Filed/Proposed Order
• 2014-10-03Enforcement Action Data Entered
• 2014-10-16Enforcement Action Closed