EPA v. MURPHY OIL USA, INC.

Case summary

4/29/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $150,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: THE RESPONDENT IMPACTED APPROXIMATELY 1.30 ACRES OF JURISDICTIONAL WETLANDS THAT ARE ABUTTING AND/OR ADJACENT TO AN UNNAMED TRIBUTARY OF HEWETT BAYOU. HEWETT BAYOU IS A TIDALLY INFLUENCED TRADITIONAL NAVIGABLE-IN-FACT WATER OF THE UNITED STATES. THE DISCHARGED DREDGED AND/FILL MATERIAL, INCLUDING EARTHEN MATERIAL DEPOSITED AT DISCHARGE AREA, ARE POLLUNTANT AS DEFINED UNDER THE CWA SECTION 502(6), 33 U.S.C. SECTION 1362(6). THE EARTH MOVING MACHINERY EMPLOYED BY THE RESPONDENT TO DEPOSIT THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ARE POINT SOURCES AS DEFINED UNDER THE CWA. RESPONDENT'S PLACEMENT OF THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA CONSTITUTES A DISCHARGE OF POLLUTANTS AS DEFINED UNDER THE CWA SECTION 502(12). AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE ARA FROM ON OR ABOUT APRIL 22, 2013, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.

Defendants (1)

• MURPHY OIL USA, INC.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (MURPHY OIL USA, INC.)

  SW CORNER OF U.S. HWY 98 AND HEWETT ROAD, SANTA ROSA BEACH, FL, 32459

  Registry ID: 110058290674

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MURPHY OIL USA, INC.entered 2014-04-29

  Primary law: CWA

  Federal penalty: $150,000

Timeline (4 milestones)

• 2014-04-29Complaint Filed/Proposed Order
• 2014-04-29Final Order Issued
• 2014-05-02Enforcement Action Data Entered
• 2014-05-14Enforcement Action Closed