EPA v. BLUEGRASS BIODIESEL

Case summary

11/10/10 - EXPEDITED SPILL SETTLEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ON DECEMBER 23, 2009, RESPONDENT DISCHARGED AN ESTIMATED 800 GALLONS OF OIL AS DEFINED IN SECTION 311(a)(1) OF THE ACT, 33 U.S.C SECTION 1321(a)(1), FROM ITS FACILITY INTO OR UPON THE UNNAMED CREEK WHICH FLOWS INTO THE LICKING RIVER AND ADJOINING SHORELINES. RESPONDENT'S DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE UNNAMED CREEK OR CAUSED A SLUDGE OR EMULSION 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)

• BLUEGRASS BIODIESEL (SB)Named in complaintNamed in settlement

Facilities (2)

• OIL SPILL - BLUEGRASS BIODIESEL

  175 DAVID PEPPLE DRIVE, FALMOUTH, KY, 41040

  Registry ID: 110032667825

• OIL SPILL - BLUEGRASS BIODIESEL

  175 DAVID PEPPLE DRIVE, FALMOUTH, KY, 41040

  Registry ID: 110032667825

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BLUEGRASS BIODIESELentered 2010-11-10

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2010-11-10Final Order Issued
• 2010-11-10Complaint Filed/Proposed Order
• 2010-11-26Enforcement Action Closed
• 2010-12-02Enforcement Action Data Entered