EPA v. SERVISAIR

Case summary

12/4/2012 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500.00. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ALLEGATIONS: ON MARCH 26, 2012, RESPONDENT DISCHARGED AN ESTIMATED 150 GALLONS OF JET FUEL FROM A TANKER TRUCK INTO OR UPON AN UNNAMED TRIBUTARY WHICH FLOWS INTO TAMIAMI CANAL WHICH FLOWS INTO MIAMI CANAL WHICH FLOWS INTO THE MIAMI RIVER, AND ADJOINING SHORELINES. THE UNKNOWN TRIBUTARY WHICH FLOWS INTO TAMIAMI CANAL, WHICH FLOWS INTO WHICH FLOWS INTO MIAMI CANAL INTO THE MIAMI RIVER IS A NAVIGABLE WATER OF THE UNITED STATES , AND IS SUBJECT TO THE JURISCTION OF SECTION 311 OF THE ACT. RESPONDENT'S MARCH 26, 2012, DISCHARGE OF FUEL FROM ITS TANK CAUSED A SHEEN UPON OR DISCOLORATION OF THE SURFACE OR THE ADJOINING SHORELINE OF AN UNNAMED TRIBUTARY, OR CAUSED A SLUDGE OR EMULSION TO BE DEPOSITED BENEATH THE SURFACE, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED TO BE HARMUL UNDER 40 CFR SECTION 110.3. RESPONDENT'S MARCH 26, 2012, DISCHARGE OF FUEL FROM ITS TANK INTO OR UPON THE UNNAMED TRIBUTARY AND ADJOINING SHORELINES IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 220.3 AND CWA 311(b)(3) OF THE ACT.

Defendants (1)

• SERVISAIRNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (SERVISAIR)

  MIAMI INTERNATIONAL AIRPORT, HOLDING GATE C104, MIAMI, FL, 33152

  Registry ID: 110054905590

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• SERVISAIRentered 2012-12-04

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2012-03-28Enforcement Action Data Entered
• 2012-12-04Final Order Issued
• 2012-12-04Complaint Filed/Proposed Order
• 2013-03-12Enforcement Action Closed