EPA v. NEMAK USA, INC.

Case summary

3/23/2012 - EXPEDITED SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. SETTLEMENT AGREEMENT STATES: ON JUNE 27, 2011, RESPONDENT DISCHARGED AN ESTIMATED 400 GALLONS OF OIL FROM ITS FACILITY INTO OR UPON THE UNNAMED TRIBUTARY TO GRAB CREEK WHICH FLOWS INTO PINEY RIVER WHICH FLOWS INTO DUCK RIVER, AND ADJOINING SHORELINES. THE UNNAMED TRIBUTARY TO GRAB CREEK, WHICH FLOWS INTO PINEY RIVER IS A NAVIGABLE WATER OF THE UNITED STATES , AS DEFINED IN SECTION 502(7) OF THE ACT, 33 U.S.C. SECTION 1362(7), AND 40 C.F.R. SECTION 110.1, AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE ACT. RESPONDENT'S JUNE 27, 2011, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON OR DISCLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF THE UNNAMED TRIBUTARY TO GRAB CREEK, OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURGACE, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 C.F.R. SECTION 110.3.

Defendants (1)

• NEMAK USA, INC.Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL - NEMAK USA INC

  1635 OLD COLUMBIA ROAD, DICKSON, TN, 37055-7705

  Registry ID: 110009786124

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• NEMAK USA, INC.entered 2012-03-23

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2012-03-23Final Order Issued
• 2012-03-23Complaint Filed/Proposed Order
• 2012-03-28Enforcement Action Data Entered
• 2012-04-16Enforcement Action Closed