EPA v. The Somerset Refinery, Inc.

Case summary

Complaint filed 9/29/2004. Complaint alleges: Count I - On April 12, 2000, discharge of oil from its facility caused a film or sheen upon or discoloration of the surface of the water in the unamed ditch that discharges into White Oak Branch and upon adjoining shorelines, and therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. Section 110.3, in violation of Section 311(b)(3). Count II - Respondent's August 10, 2000, discharge of oil from its facility caused a violation of the State of Kentucky water quality standards and, therefore, was in a quantity that has been determined to be harmful under 40 C.F.R. Section 110.3, in violation of Section 311(b)(3). Count III- Respondent's March 18, 2002, discharge of oil from its facility a film or sheen upon or discoloration of the surface of the water in the unamed ditch that discharges into Sinking Creek and, upon adjoining shorelines, and therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. Section 110.3, in violation of Section 311(b)(3). Count IV - Respondent's July 8, 2003, discharge of oil from its facility a film or sheen upon or discoloration of the surface of the water in the unamed ditch that discharges into Sinking Creek and, upon adjoining shorelines, and therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. Section 110.3, in violation of Section 311(b)(3). Count V - Respondent's February 6, 2004, discharge of oil from its facility a film or sheen upon or discoloration of the surface of the water in the unamed ditch that discharges into Sinking Creek and, upon adjoining shorelines, and therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. Section 110.3, in violation of Section 311(b)(3). Count VI - Respondent's May 8, 2004, discharge of oil from its facility a film or sheen upon or discoloration of the surface of the water in the unamed ditch that discharges into Sinking Creek and, upon adjoining shorelines, and therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. Section 110.3, in violation of Section 311(b)(3).

Defendants (1)

• THE SOMERSET REFINERY, INC.Named in complaintNamed in settlement

Facilities (1)

• SOMERSET REFINERY

  600 MONTICELLO STREET, SOMERSET, KY, 42501

  Registry ID: 110002319456

Statutes cited

• CWA 311F — Oil Removal Cost Recovery

Enforcement conclusions (1)

• The Somerset Refinery, Inc.entered 2005-03-17

  Primary law: CWA

  Federal penalty: $24,127 · SEP: $27,538

Timeline (3 milestones)

• 2004-09-29Complaint Filed/Proposed Order
• 2004-09-30Enforcement Action Data Entered
• 2005-03-17Final Order Issued