EPA v. ENLINK MIDSTREAM OPERATING, LP (WV OIL GATHERING)

Case summary

2017-0174 ]. On September 29, 2017, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim against West Virginia Oil Gathering ( WVOG ), EnLink Midstream Operating, LP ( EnLink ) (collectively, Respondents ). WVOG is the owner and EnLink is the operator of an oil transmission pipeline in Cairo, Ritchie County, West Virginia ( Pipeline ). The Consent Agreement asserts that Respondents violated Section 311(b)(3) of the CWA, which prohibits the discharge of oil or hazardous substances into or upon the navigable waters of the United States or adjoining shorelines in such quantities that have been determined may be harmful to the public health or welfare or the environment of the United States. Specifically, EPA alleges that on August 27, 2015, Respondents discharged between 1,400 and 1,900 barrels of crude oil from the Pipeline. The discharge entered an unnamed tributary of Brushy Fork, which is a tributary to Goose Creek, which, in turn, is a tributary to the Hughes River, a navigable waterway. A portion of the discharged crude oil also entered Buck Run. The discharge caused a fish kill in Bushy Fork Creek. Public notice and opportunity to comment was provided prior to entry of settlement, in accordance with Section 311(b)(6)(C) of the CWA, and no comments were received. Respondent has agreed to pay a penalty of $40,741 to settle the matter.

Defendants (2)

• WEST VIRGINIA OIL GATHERINGNamed in complaintNamed in settlement
• ENLINK MIDSTREAM OPERATING, LPNamed in complaintNamed in settlement

Facilities (1)

• WV OIL GATHERING

  1471 BRUSHY FORK ROAD, CAIRO, WV, 26362

  Registry ID: 110070108212

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• ENLINK MIDSTREAM OPERATING, LP (WV OIL GATHERING)entered 2017-09-29

  Primary law: CWA

  Federal penalty: $40,741

Timeline (3 milestones)

• 2017-09-29Complaint Filed/Proposed Order
• 2017-09-29Final Order Issued
• 2017-10-02Enforcement Action Data Entered