EPA v. BUNGE NORTH AMERICA, INC.

Case summary

12/12/13 - EXPEDITED OIL SPILL SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. On July 26, 2012, Respondent discharged 360 gallons of oil as defined in Section 311(a)(1) of the CWA, 33 U.S.C. § 1321(a)(1), and 40 C.F. R. §110.1, from its facility into or upon the Chattanooga Creek,which drains into the Nickjack Lake, a dammed portion of the Tennessee River. The Tennessee River discharges to the Ohio River that joins the Mississippi River which empties into the Gulf of Mexico and/or adjoining shorelines. EPA obtained this information through Bunge North America Inc.’s response to the EPA’s Information Request issued pursuant to Section 308 of the Act. The Ohio River is a “navigable water of the United States”, as defined in Section 502(7) of the CWA, 33 U.S.C. § 1362(7), and 40 C.F.R. § 110.1 and is subject to the jurisdiction of Section 311 of the CWA. Respondent’s July 26, 2012 discharge of oil from its facility caused a film or sheen upon or discoloration of the surface of the Chattanooga Creek and therefore, was in a quantity that has been determined may be harmful under 40 C.F.R. § 110.3, which implements Section 311(b)(3) and (b)(4) of the CWA, 33 U.S.C. §1321(b)(3) and (b)(4). Respondent’s July 26, 2012 discharge of oil from its facility into or upon the Chattanooga Creek, which drains into the Nickajack Lake, a dammed portion of the Tennessee River in a quantity that has been determined may be harmful under 40 C.F.R. § 110.3 violated Section 311(b)(3) of the CWA, 33 U.S.C. § 3121(b)(3). Pursuant to Section 311(b)(6)(B)(i) of the CWA, 33 U.S. C. § 3121(b)(6)(B)(i) and 40 C.F.R. § 19.4, the Respondent is liable for civil penalties of up to $16,000 per violation, up to a maximum of $37,500.

Defendants (1)

• BUNGE NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (2)

• BUNGE OILS INC

  4608 KIRKLAND AVENUE, CHATTANOOGA, TN, 37410

  Registry ID: 110000371945

• BUNGE OILS INC

  4608 KIRKLAND AVENUE, CHATTANOOGA, TN, 37410

  Registry ID: 110000371945

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• BUNGE NORTH AMERICA, INC.entered 2013-12-12

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2013-12-12Final Order Issued
• 2013-12-12Complaint Filed/Proposed Order
• 2014-01-13Enforcement Action Data Entered
• 2014-01-17Enforcement Action Closed