EPA v. DMB North Carolina 2 LLC (Oil Spill Penalty Action)

Case summary

'ON OR ABOUT SPTEMBER 3, 1998, RESPONDENTS DISCHARGED APPROX. 15,000 GALLONS OF OIL FROM THE FACILITY. THE FACILITY HAS A VERTICAL AND A HORIZONTAL ABOVE-GROUND STORAGE TANK (AST) FOR STORING NO. 5 FUEL OIL USED FOR A BOILER. THE VERTICAL AST IS A 20,000-GALLON TANK, AND THE HORIZONTAL AST IS A 25,000-GALLON TANK. ON OR ABOUT SEPTEMBER 3, 1998, THE ELECTRICAL PUMP TO THE HORIZONTAL TANK WAS ACTIVIATED AND NO. 5 FUEL OIL WAS PUMPED TO THE BOILER ROOM. FUEL OIL WAS DISCHARGED FROM A BROKEN PIPE CONNECTOR INTO THE SUMP. ONE OF THE PIPES ON THE SUMP VALVE WAS NOT CONNECTED, AND FUEL OIL WAS DICHARGED INTO AN ADJACENT UNNAMED DITCH. THE DISCHARGE FLOWED FROM THE DITCH INTO A NEARBY WETLAND AREA WHICH DISCHARGES TO THE TAYLOR AND CRAWFORD CREEKS WHICH FLOW TO CHOCOWINITY BAY AND EVENTUALLY THE PAMLICO RIVER

Defendants (6)

• DMB NORTH CAROLINA 2, LLCNamed in complaintNamed in settlement
• Dames & Moore/Brookhill, LLCNamed in complaint
• Dames & Moore Group, Inc.Named in complaint
• Brookhill Management CorporationNamed in complaint
• Brookhill GroupNamed in complaint
• URS CorporationNamed in complaint

Facilities (1)

• WETLANDS & UNNAMED DITCH (OIL SPILL)

  NEAR TAYLOR AND CRAWFORD CREEKS, CHOCOWINITY, NC, 27817

  Registry ID: 110013700094

Statutes cited

• CWA 311[B][1] — Clean Water Act, OPA

Enforcement conclusions (1)

• DMB North Carolina 2 LLCentered 2003-07-28

  Primary law: CWA

  Federal penalty: $2,000

Timeline (3 milestones)

• 2002-09-27Complaint Filed/Proposed Order
• 2002-10-05Enforcement Action Data Entered
• 2003-07-28Final Order Issued