EPA v. INTERSTATE BRANDS CORPORATION

Case summary

2/1/2011 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL SUBMIT PAYMENT WITHIN SEVEN DAYS. AGREEMENT STATES: ON OCTOBER 2, 2010, RESPONDENT DISCHARGED AN ESTIMATED 105 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 ROANOKE RIVER, WHICH FLOWS INTO THE ALBEMARLE SOUND, AND ADJOINING SHORELINES. THE ROANOKE RIVER WHICH FLOWS INTO THE ALBEMARLE SOUND IS A NAVIGABLE WATER OF THE UNITED STATES SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE ACT AS DEFINED IN SECTION 501(7) OF THE ACT, 33 U.S.C SECTION 1362(7), AND 40 CFR SECTION 110.1. RESPONDENT'S OCTOBER 2, 2010, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE ROANOKE RIVER 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. RESPONDENT'S OCTOBER 2, 2010, DISCHARGE OF OIL FROM ITS FACILITY INTO OR UPON THE ROANOKE RIVER AND ADJOINING SHORELINES IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3 VIOLATED SECTION 311(b)(3) OF THE ACT.

Defendants (1)

• INTERSTATE BRANDS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (TRACTOR TRAILER - INTERSTATE BRANDS CORP.)

  US 45, PLYMOUTH, NC, 27962

  Registry ID: 110043460518

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• INTERSTATE BRANDS CORPORATIONentered 2011-02-01

  Primary law: CWA

  Federal penalty: $500

Timeline (3 milestones)

• 2011-02-01Complaint Filed/Proposed Order
• 2011-02-01Final Order Issued
• 2011-02-16Enforcement Action Data Entered