EPA v. BILCARE RESEARCH, INC.

Case summary

On June 27, 2018, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations of Clean Water Act Section 311(j)(1)(C) against Bilcare Research, Inc (Respondent), which EPA inspectors observed during an inspection of Respondent's facility in Delaware City, DE ( the Facility ). Section 311 of the CWA and its implementing regulations at 40 C.F.R Part 112 (SPCC Rules) are designed to protect human health and the environment by helping facilities prevent a discharge of oil into navigable waters or adjoining shorelines. EPA alleged that the facility had a total above ground oil storage capacity of approximately 55,000 gallons, that the Facility is located less than half a mile from a tributary of the Delaware River, and that it lacked an SPCC plan. The Consent Agreement additionally alleges that the facility failed to implement SPCC Plan safeguards on secondary containment, required training, mandatory inspections, and correction of visible discharges. Respondent has agreed to pay a penalty of $32,282. The CWA is a direct implementation program; however, EPA has informed the Delaware Department of Natural Resources and Environmental Control of EPA's planned action and it did not object.

Defendants (1)

• BILCARE RESEARCH, INC.Named in complaintNamed in settlement

Facilities (2)

• LIVEO RESEARCH INC.

  1389 SCHOOL HOUSE ROAD, NEW CASTLE, DE, 19720

  Registry ID: 110058963019

• BILCARE RESEARCH, INC.

  1389 SCHOOL HOUSE ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110058963019

Statutes cited

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

Enforcement conclusions (1)

• BILCARE RESEARCH, INC.entered 2018-06-27

  Primary law: CWA

  Federal penalty: $32,282

Timeline (3 milestones)

• 2018-06-27Final Order Issued
• 2018-06-27Complaint Filed/Proposed Order
• 2018-07-12Enforcement Action Data Entered