EPA v. PLANTATION PIPE LINE COMPANY (NATIONAL CASE) (LEAD)

Case summary

CASE SUMMARY FOR 04-2005-9026: PURSUANT TO CWA SEC 309(b) AND 311(b)(7)(A), EPA IS SEEKING PENALTIES FROM PLANTATION PIPELINE FOR VIOLATION OF CWA 311(b)(3), FOR AN OIL SPILL WHICH OCCURRED ON NOV 27, 2006. IN ADDITION, EPA IS SEEKING INJUNCTIVE RELIEF UNDER CWA SEC 309(b) AND 311(e), REQUIRING PLANTATION TO, AT A MINIMUM, ADDRESS THE CAUSES OF THE OIL DISCHARGE. THE DISCHARGE WAS APPROX 97 BARRELS OF GASOLINE FROM A LEAKING ABOVE-GROUND BLOCK VALVE AT THE BP PAW CREEK TERMINAL. THE DISCHARGE RESULTED IN A FISH KILL, BUT NO DRINKING WATER INTAKE IMPACTS. A CIVIL LITIGATION REPORT AND A REQUEST TO COMMENCE A CIVIL ACTION AGAINST PLANTATION WAS PREVIOUSLY SUBMITTED TO DOJ BY EPA R3 ON JULY 1, 2004, FOR PLANTATION'S VIOLATIONS OF CWA SEC 311(b)(3) AND (j), AND BY EPA R4 ON SEPT 22, 2005 FOR PLANTATION'S VIOLATIONS OF CWA SEC 311(b)(3). THE U.S. AND THE PROPOSED DEFENDANT HAVE BEGUN NEGOTIATIONG A POTENTIAL SETTLEMENT OF THE VIOLATIONS REFERRED BY EPA REGIONS 3 AND 4. HOWEVER, IN THIS INSTANCE, NC IS JOINING THE U.S. IN ITS CASE AGAINST PLANTATION PIPELINE FOR THIS SPILL INTO PAW CREEK, MECKLENBURG COUNTY, NC. PLANTATION PIPELINE OWNS A FACILITY CONSISTING OF APPROX 3,100 MILES OF PETROLEUM PRODUCTS PIPELINES CONNECTED TO 130 SHIPPER TERMINALS IN 8 STATES, INCLUDING VA AND LA, OUTSIDE R4. ITS HQs IS IN ALPHARETTA, GA. CASE SUMMARY FOR 04-2005-9026: EPA IS SEEKING PENALTIES FROM PLANTATION PIPE LINE COMPANY FOR VIOALTIONS OF SECTIN 311(b)(3) OF THE CWA, FOR OIL SPILLS WHICH OCCURRED ON FEBRUARY 22, 2003, AND JUNE 30, 2003. THE FEBRUARY SPILL WAS OVER 33,000 GALLONS. IN ADDITION, EPA IS SEEING INJUNCTIVE RELIEF, UNDER SECTIONS 309(b) AND 311(c) OF THE CWA, REQUIRING PLANTATION TO, AT A MINIMUM, ADDRESS THE CAUSES OF THE OIL DISCHARGES. THIS IS A MULTI-REGIONAL CASE. REGION 3 HAS ALREADY SUBMITTED A CIVIL LITIGATION REPORT AND A REQUEST TO COMMENCE A CIVIL ACTION AGAINST PLANTATION TO DOJ ON JULY 1, 2004, FOR PLANTATION'S VIOLATIONS OF SECTION 311(b)(3) AND (j) OF THE CWA. THE UNITED STATES AND PLANTATION HAVE BEGUN NEGOTIATING A POTENTIAL SETTLEMENT OF THE VIOLATIONS REFERRED BY EPA REGION 3, AND REGIONS 4 AND 6 HAVE PARTICIPATED IN SOME OF THESE NEGOTIATIONS. PLANTATION PIPE LINE OWNS A FACILITY CONSISTING OF APPROX 3,100 MILES OF PETROLEUM PRODUCTS PIPELINES CONNECTED TO 130 SHIPPER TERMINALS IN EIGHT STATES, INCLUING VA AND LA, OUTSIDE REGION 4. ITS HEADQUARTERS IS LOCATED IN ALPHARETTA, GA. PLANTATION HAS HAD FOUR PRIOR SPILLS ADDRESSED IN AN EPA CAFO IN DECEMBER 2002. PLANTATION HAS HAD MULTIPLE SPILLS PRIOR TO 200

Defendants (1)

• PLANTATION PIPE LINE COMPANYNamed in complaintNamed in settlement

Facilities (2)

• OIL SPILL (PLANTATION PIPE LINE COMPANY)

  GA HIGHWAY 106, HULL, GA, 30646

  Registry ID: 110038389026

• PLANTATION PIPE LINE COMPANY

  7401 OLD MOUNT HOLLY ROAD, CHARLOTTE, NC, 28241

  Registry ID: 110000492672

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• PLANTATION PIPE LINE COMPANY (NATIONAL CASE) (04-2009-C010)entered 2009-02-10

  Primary law: CWA

  Federal penalty: $517,062 · State/local: $10,000

Timeline (7 milestones)

• 2005-09-22Referred To Dept Of Justice
• 2005-09-26Enforcement Action Data Entered
• 2008-11-04Complaint Filed With Court
• 2008-11-04Final Order Lodged
• 2009-02-10Concluded
• 2009-02-10Final Order Entered
• 2009-10-23Enforcement Action Closed