EPA v. CURTIS TRANSPORT, INC.

Case summary

9/17/2014 - ADMINISTRATIVE COMPLAINT FILED. ALLEGATIONS: ON FEB 28, 2010, RESPONDENT DISCHARGED AT LEAST 183 BARRELS OF E10 GASOLINE FROM ITS FACILITY ONTO THE GROUND AND INTO OR UPON LOWER RICHLAND CREEK AND ITS ADJOINING SHORELINES. E10 GASOLINE IS AN OIL AS DEFINED BY SECTION 311(a)(1) OF THE CWA. RESPONDENT'S FEB 28, 2010 DISCHARGE OF OIL FROM ITS FACILITY CAUSED A SHEEN UPON AND DISCOLORATION OF THE SURFACE OF LOWER RICHLAND CREEK AND ITS ADJOINING SHORELINES AND THEREFORE WAS IN A QUANTITY THAT HAS BEEN DETERMINED TO BE HARMFUL TO THE PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT OF THE U.S. THE SHEEN UPON AND DISCOLORATION OF THE SURFACE OF LOWER RICHLAND CREEK AND ITS ADJOINING SHORELINES WAS OBSERVED FROM FEB 28, 2010 TO MAR 19, 2010. THE DISCHARGE OF OIL TO LOWER RICHLAND CREEK CAUSED STRESS TO TEH FISH AND THE DEATH OF FISH AND BIRD IN THE IMPACTED WATERS. LOWER RICHARD CREEK IS A TRIBUTARY TO LAKE TILLERY THAT PERFORMS A VARIETY OF ECOLOGICAL FUNCTIONS THAT SIGNIFICANTLY AFFECT THE PHYSICAL, CHEMICAL, AND BIOLOGICAL INTEGRITY OF LAKE TILLERY. LAKE TILLERY IS A MAN-MADE 7.82 SQUARE MILE RESERVOIR CREATED BY THE IMPOUNDMNET OF THE PEE DEE RIVER IN 1928. THE LAKE TILLERY WATERSHED DRAINS APPROXIMATELY 4,834 SQUARE MILES. LAKE TILLERY, WITH PUBLIC ACCESS ACREA, MARINAS, BOAT RAMPS, AND BOAT LAUNCHING LANES, ACCOMMODATES FISHING AND BOATING FROM LOCAL RESIDENTS AND TOURISTS. LAKE TILLERY SUPPORTS FISHERIES FOR FISH SPECIES. LAKE TILLERY SERVES AS A DRINKING WATER SOURCE FOR RESIDENTS IN THE TOWN OF NORWOOD AND MONTGOMERY COUNTY. LAKE TILLERY IS A TRADITIONALLY NAVIGABLE WATER. LOWER RICHLAND CREEK, INCLUDING THE SEGMENT IMPACTED BY RESPONDENT'S DICSHARGE OF OIL IS A PERENNIAL TRIBUTARY THAT IS CONNECTED TO AND FLOWS DIRECTLY INTO LAKE TILLERY, A NAVIGABLE WATER OF THE U.S. 8/20/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000, PLUS INTEREST, DUE IN 6 EQUAL INSTALLMENT. FIRST PAYMENT IS WITHIN 30 DAYS. SECOND WITHIN 120 DAYS. THIRD WITHIN 210 DAYS. FOURTH WITHIN 300 CALENDAR DAYS. FIFTH WITHIN 390 DAYS. SIXTH WITHIN 480 DAYS.

Defendants (1)

• CURTIS TRANSPORT, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL (CURTIS TRANSPORT, INC)

  HIGHWAY 73 & ZION CHURCH ROAD, MOUNT GILEAD, NC, 27306

  Registry ID: 110062622979

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CURTIS TRANSPORT, INC.entered 2015-08-20

  Primary law: CWA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2014-09-17Complaint Filed/Proposed Order
• 2014-09-26Enforcement Action Data Entered
• 2015-08-20Final Order Issued
• 2017-02-23Enforcement Action Closed