EPA v. FUCHS LUBRICANTS CO.

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 Fuchs Lubricants Co. (Respondent), which EPA inspectors observed during an inspection of Respondent's facility in Huntington, West Virginia ( the Facility ). Section 311 of the CWA is 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 aboveground oil storage capacity of approximately 2.7 million gallons and is located less than 500 feet from the Ohio River. The Consent Agreement alleges that the facility failed to implement an SPCC Plan by failing to a facility diagram, failed to conduct inspections, failed to train oil-handling personnel and tests and failed to correct visible discharges. It also alleges that the Respondent failed to implement a facility response training program and a drill/exercise program at the facility. Respondent has agreed to pay a penalty of $85,000. The CWA is a direct implementation program; however, EPA has informed the West Virginia Department of Environmental Protection of EPA's planned action and it did not object

Defendants (1)

• FUCHS LUBRICANTS CO.Named in complaintNamed in settlement

Facilities (2)

• FUCHS LUBRICANTS CO.

  120 WEST 13TH STREET, HUNTINGTON, WV, 25704

  Registry ID: 110000499700

• FUCHS LUBRICANTS COMPANY

  120 WEST 13TH STREET, HUNTINGTON, WV, 25704

  Registry ID: 110000499700

Statutes cited

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

Enforcement conclusions (1)

• FUCHS LUBRICANTS CO.entered 2018-06-26

  Primary law: CWA

  Federal penalty: $85,000

Timeline (4 milestones)

• 2018-06-26Complaint Filed/Proposed Order
• 2018-06-26Final Order Issued
• 2018-07-11Enforcement Action Data Entered
• 2018-07-12Enforcement Action Closed