EPA v. COOMER OIL, LLC

Case summary

7/7/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $14,900. RESPONDENT SHALL MAKE EIGHTEEN (18) PAYMENTS OF $845.62. THE FIRST PAYMENT IS DUE WITHIN THIRTY DAYS. ORDER ALLEGES: ON APRIL 25, 2008, RESPONDENT AS A RESULT OF A TRUCK ACCIDENT DISCHARGED APPROXIMATLEY 7,400 GALLONS OF OIL, AS DEFINED IN SECTION 311(a)(1) OF THE ACT, 33 U.S.C. SECTION 1321(a)(1), AND 40 C.F.R. SECTION 110.1, FROM ITS FACILITY INTO OR UPON A DRAINAGE SYSTEM THAT THEN FLOWED INTO INTO AN UNNAMED TRIBUTARY OF FLEMING'S FORK RIVER AND ADJOINING SHORELINES. THE APRIL 25, 2008, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE UNNAMED TRIBUTARY OF FLEMING'S FORK RIVER AND ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3, IN VIOLATION OF SECTION 311(b)(3) OF THE ACT.

Defendants (1)

• COOMER OIL, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL (COOMER OIL, LLC)

  MILE MARKER 149 ON INTERSTATE 64 EASTBOUND, OLIVE HILL, KY, 41164

  Registry ID: 110041885582

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• COOMER OIL, LLCentered 2010-07-07

  Primary law: CWA

  Federal penalty: $14,900

Timeline (4 milestones)

• 2010-07-07Final Order Issued
• 2010-07-07Complaint Filed/Proposed Order
• 2010-07-08Enforcement Action Data Entered
• 2012-01-25Enforcement Action Closed