EPA v. GREGORY POOLE EQUIPMENT COMPANY

Case summary

3/23/2012 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. SETTLEMENT AGREEMENT STATES: ON JULY 5, 2011, RESPONDENT DISCHARGED AN ESTIMATED 600 GALLONS OF OIL AS DEFINED IN SECTION 311(a)(1) OF THE ACT, FROM ITS FACILITY INTO OR UPON BUSHY BRANCH CREEK WHICH FLOWS INTO THE NEUSE RIVER AND ADJOINING SHORELINES. BUSHY BRANCH CREEK, WHICH FLOWS INTO THE NEUSE RIVER IS A NAVIGABLE WATER OF THE UNITED STATES , AS DEFINED IN SECTIN 502(7) OFTHE ACT, AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE ACT. RESPONDENT'S JULY 5, 2011, DISCHRGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OOR THE ADJOINING SHORELINE OF BUSHY BRANCH 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 C.F.R. SECTION 1103. RESPONDENT'S JULY 5, 2011, DISCHARGE OF OIL FROM ITS FACILITY INTO OR UPON BUSHY BRANCH CREEK AND ADJOINING SHORELINES IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3 VIOLATED SECTION 311(b)(3).

Defendants (1)

• GREGORY POOLE EQUIPMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL - GREGORY POOLE EQUIPMENT CO

  4807 BERYL ROAD, RALEIGH, NC, 27606-1406

  Registry ID: 110001489238

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• GREGORY POOLE EQUIPMENT COMPANYentered 2012-03-23

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2012-03-23Final Order Issued
• 2012-03-23Complaint Filed/Proposed Order
• 2012-04-10Enforcement Action Closed
• 2012-12-14Enforcement Action Data Entered