EPA v. MIDROC OPERATING COMPANY

Case summary

9/10/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $27,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT FEB 5, 2010, RESPONDENT DISCHARGED APPROX 115 BARRELS OF CRUDE OIL FROM ITS FACILITY UPHILL OR A SMALL TRIBUTARY LEADING INTO FEAGIN CREEK. THE DISCHARGE OCCURRED BECAUSE OF A FAULTY INSULATING FLANGE ON THE POWER OIL INJECTION LINE FOR HTE OLIVER 20-15 WELLHEAD. APPROX 5 TO 10 BARRELS OF CRUDE OIL REACHED FEAGIN CREEK AFTER TRAVELLING APPROX 560 FEET DOWN THE HILL SIDE, PRIMARILY THRU A NATURAL DRAINAGE FEATURE, INTO A LOW LYING AREA AND INFALLY INTO THE SMALL TRIBUTARY LEADING INTO FEAGIN CREEK. AFTER REACHING FEAGIN CREEK, THE OIL FLOWED APPROX 1.6 MILES BEFORE BEING CONTAINED WITH BOOMS. THE DISCHARGED OIL IMPACTED WETLAND AREAS, AS IDENTIFIED BY THE NATIONAL WETLANDS MAP FOR NYMPH, AL. RESPONDENT'S FEB 5, 2010, DISCHARGE OF OIL FROM THE FACILITY CAUSED A SHEEN UPON AND DISCOLORATION OF HTE SURFACE OF FEAGIN CREEK AND ITS ADJOINING SHORELINE AND THEREFORE WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL WAS 40 CFR 110.3 IN VIOLATION OF SECTION 311(b)(3) OF THE CWA.

Defendants (1)

• MIDROC OPERATING COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL (MIDROCK OPERATING COMPANY)

  NEAR BENFIELD RD & CR 29, CASTLEBERRY, AL, 36432

  Registry ID: 110056124572

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• MIDROC OPERATING COMPANYentered 2013-09-10

  Primary law: CWA

  Federal penalty: $27,000

Timeline (4 milestones)

• 2013-09-10Final Order Issued
• 2013-09-10Complaint Filed/Proposed Order
• 2013-09-18Enforcement Action Closed
• 2013-09-21Enforcement Action Data Entered