EPA v. CAROLINA POWER AND LIGHT COMPANY dba PROGRESS ENERGY CAROLINAS, INC.

Case summary

11/16/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $49,250. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: ON APR 15, 2007, RESPONDENT DISCHARGED APPROX 16,550 GALLONS OF OIL OR MINERAL 10-C MINERAL OIL INTO OR UPON MARK'S CREEK AND ADJOINING SHORELINES. THE DICHARGE OCCURRED WHEN A 500 KILOVOLT TRANSFORMER FAILED AS A RESULT OF A POWER SURGE DURING SEVERE WEATHER. THE TRANSFORMER HAD THE CAPACITY TO HOLD 18,886 GALLONS OF OIL. AS A RESULT OF THE TRANSFORMER DAMAGE, IT WAS ESTIMATED THAT 16,550 GALLONS OF OIL WAS RELEASED INTO SECONDARY CONTAINMENT. HOWEVER, THE SECONDARY CONTAINMENT WAS NOT ADEQUATE BECAUSE A BURIED PIPE IN THE CONTAINMENT STRUCTURE CAUSED THE OIL TO DISCHARGE TO A DRAINAGE DITCH THAT DRAINED OFFSITE. AS A RESULT, OIL DISCHARGED FROM THE FACILITY THRU AN UNNAMED CREED TO MARK'S CREEK, AND TRAVELED AT LEAST 1.5 MILES FROM THE FACILITY.

Defendants (2)

• CAROLINA POWER & LIGHT COMPANYNamed in complaintNamed in settlement
• PROGRESS ENERGY SERVICE COMPANY, LLCNamed in complaintNamed in settlement

Facilities (1)

• CAROLINA POWER & LIGHT COMPANY

  5201 KNIGHTDALE EAGLE ROCK ROAD, KNIGHTDALE, NC, 27545

  Registry ID: 110043251370

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CAROLINA POWER AND LIGHT COMPANY dba PROGRESS ENERGY CAROLINAS, INC.entered 2010-11-16

  Primary law: CWA

  Federal penalty: $49,250 · SEP: $211,000

Timeline (4 milestones)

• 2010-11-16Final Order Issued
• 2010-11-16Complaint Filed/Proposed Order
• 2010-11-17Enforcement Action Data Entered
• 2010-12-10Enforcement Action Closed