EPA v. BESSEMER PETROLEUM, INC. / TRI-STATE PETROLEUM PRODUCTS LLC / TWIN STATES PETROLEUM PRODUCTS, LLC

Case summary

ON JANUARY 6, 2015, THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA APPROVED ENTRY OF THE PROPOSED CD IN THIS BESSEMER PETROLEUM CASE. THE UNITED STATES AND THE STATE OF ALABAMA HAD FILED A MOTION TO ENTER CONSENT DECREE AND MEMORANDUM IN SUPPORT ON DECEMBER 29, 2014. THE CD WAS LODGED WITH COURT ON NOVEMBER 5, 2014, ON A 30-DAY PUBLIC COMMENT PERIOD BEGAN ON NOV 14, 2014. NO COMMENTS WERE RECEIVED ON THE CONSENT DECREE. THE CD RESOLVES VIOLATIONS OF SEVERAL UST REGULATIONS, AS WELL AS VIOLATIONS OF A RCRA SECITON 7003 ORDER AND A CWA SECTION 311(c) ORDER, AND INCLUDES PAYMENT OF A $20,000 PENALYT BASED ON ABILITY-TO-PAY; RECOVERY OF $239,285.47 OF THE U.S. COAST GUARD'S PAST COSTS; AND INJUNCTIVE RELIEF IN THE FORM OF UST CLOSURE AND SITE ASSESSMENT. PAYMENT OF THE CIVIL PENALTY AND PAST COSTS IS DUE WITHIN 30 DAYS OF ENTRY. A PROPOSED WORK PLAN ADDRESSING THE INJUNCTIVE RELIEF REQUIRED BY THE DECREE IS ALSO DUE WITHIN 30 DAYS OF ENTRY.

Defendants (4)

• BESSEMER PETROLEUM, INC. (SB)Named in complaintNamed in settlement
• TRI-STATE PETROLEUM PRODUCTS, LLCNamed in complaintNamed in settlement
• TWIN STATES PETROLEUM PRODUCTS, LLCNamed in complaintNamed in settlement
• GORDON, CARL J.Named in settlement

Facilities (2)

• BESSEMER PETROLEUM

  2701 NORTH 8TH AVENUE, BESSEMER, AL, 35020-3510

  Registry ID: 110001716885

• BESSEMER PETROLEUM

  2701 NORTH 8TH AVENUE, BESSEMER, AL, 35020-3510

  Registry ID: 110001716885

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 308 — Information Request, Records, Entry
• CWA 301/402 — NPDES Permit Violations
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301 — NPDES Discharge without a Permit
• RCRA 9006A — Underground Storage Tanks Compliance Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• BESSEMER PETROLEUM, INC./TRI-STATE PETROLEUM PRODUCTS/TWIN STATES PETROLEUM PRODUCTS(04-2015-C002)entered 2015-01-06

  Primary law: RCRA

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

Timeline (9 milestones)

• 2008-12-29Referred To Dept Of Justice
• 2009-01-07Enforcement Action Data Entered
• 2009-09-18Supplemental Referral-Adding parties, counts
• 2010-12-14Supplemental Referral-Adding parties, counts
• 2012-04-17Complaint Filed With Court
• 2014-11-05Final Order Lodged
• 2015-01-06Concluded
• 2015-01-06Final Order Entered
• 2019-12-10Enforcement Action Closed