EPA v. CSX TRANSPORTATION, INC. (ALAPHAH RIVER, REBECCA, GA)

Case summary

9/22/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,000, DUE WITHIN 30 DAYS. ON NOVEMBER 6, 2001, RESPONDENT DISCHARGED 4,200 GALLONS OF OIL INTO OR UPON THE ALAPHAH RIVER AND/OR ITS ADJOINING SHORELINES. ON NOVEMBER 6, 2001, RESPONDENT DISCHARGED 11,000 GALLONS OF 55% PHOSPHORIC ACID, WHICH IS DESIGNATED AS A HAZARDOUS SUBSTANCE IN 40 CFR PART 116, FRO ITS FACILITIES INTO OR UPON THE ALAPHAH RIVER AND/OR ITS ADJOINING SHORELINES. RESPONDENT'S NOVEMBER 6, 2001, DISCHARGE OF 11,000 GALLONS OF 55% PHOSPHORIC ACID FROM ITS FACIITIES WAS IN AEXCESS OF THE REPORTABLE QUANTITY OF SUCH SUBSTANCE ESTABLISHED IN 40 CFR PART 117, AND, THEREFORE, WAS IN A AQUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR PART 117, IN VIOLATION OF SECTION 311(b)(3) OF THE CWA

Defendants (1)

• CSX TRANSPORTATION, INC.Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL (CSX TRANSPORTATION, INC.)

  MILE POST ANB 672.8, REBECCA, GA, 31783

  Registry ID: 110024279706

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CSX TRANSPORTATION, INC. (ALAPHAH RIVER, REBECCA, GA)entered 2005-09-22

  Primary law: CWA

  Federal penalty: $22,000

Timeline (3 milestones)

• 2005-09-22Complaint Filed/Proposed Order
• 2005-09-22Final Order Issued
• 2005-09-28Enforcement Action Data Entered