EPA v. WESTERN EXPRESS

Case summary

7/27/2010 - EXPEDITED SETTELEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. ON JANUARY 27, 2010, RESPONDENT DISCHARGED AN ESTIMATED 100 GALLONS OF OIL AS DEFINED IN SECTION 311(a)(1) OF THE ACT, FROM ITS FACILITY INTO OR UPON THE BACK CREEK WHICH FLOWS INTO THE HALL RIVER AND ADJOINING SHORELINES. RESPONDENT'S JANUARY 27, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE BACK CREEK OR CAUSED SLUDGE OR EMULSTION TO BE DEPOSITED BENEATH THE SURFACE, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3.

Defendants (1)

• WESTERN EXPRESSNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (WESTERN EXPRESS)

  S I-85 MM 150, GRAHAM, NC, 27253

  Registry ID: 110042346798

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• WESTERN EXPRESSentered 2010-07-27

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2010-07-27Final Order Issued
• 2010-07-27Complaint Filed/Proposed Order
• 2010-08-02Enforcement Action Data Entered
• 2010-08-24Enforcement Action Closed