EPA v. ASHMORE BROS., INC.

Case summary

8/13/2015 - OIL SPILL EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. AGREEMENT ALLEGES: ON JUNE 13, 2015, RESPONDENT DISCHARGED APPROXIMATELY 1,616 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON PHILLIPS BRANCH AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE EPA'S ON-SCENCE COORDINATOR'S OBSERVATIONS DOCUMENTED IN THE POLLUTION REPORT. PHILLIPS BRANCH FLOWS INTO THE ENOREE RIVER, WHICH FLOWS INTO BROAD RIVER. THE BROAD RIVER IS A NAVIGABLE WATER OF THE UNITED STATES , AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE CWA. RESPONDENT'S JUNE 13, 2015, DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE PHILLIPS BRANCH, WHICH EVENTUALLY FLOWS TO THE BROAD RIVER AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, WHICH IMPLEMENTS SECTION 311(b)(3) AND (b)(4) OF THE CWA. RESPONDENT'S JUNE 13, 2015 DISCHARGE OF OIL FROM ITS FACILITY INTO OR UPON THE PHILLIPS BRANCH, AND/OR ADJOINING SHORELINES, WHICH EVENTUALLY FLOWS TO BROAD RIVER, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3. RESPONDENT VIOLATED SECTION 311(b)(3) OF THE CWA.

Defendants (1)

• ASHMORE BROS., INC.Named in complaintNamed in settlement

Facilities (2)

• ASHMORE BROTHERS INCORPORATED GREER

  1880 SC HWY 14 S, GREER, SC, 29652

  Registry ID: 110002180997

• ASHMORE BROTHERS INCORPORATED GREER

  1880 SC HWY 14 S, GREER, SC, 29652

  Registry ID: 110002180997

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• ASHMORE BROS., INC.entered 2015-08-13

  Primary law: CWA

  Federal penalty: $3,500

Timeline (4 milestones)

• 2015-08-13Complaint Filed/Proposed Order
• 2015-08-13Final Order Issued
• 2015-08-21Enforcement Action Data Entered
• 2015-08-26Enforcement Action Closed