EPA v. SOUTHERN STATES COOPERATIVE, INC.

Case summary

9/15/15 - EXPEDITED OIL SPILL AGREEMENT ISSUED, ASSESSING A PENALTY OF $3000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. AGREEMENT ALLEGES: ON JANUARY 5, 2015, RESPONDENT DISCHARGED APPROXIMATELY 900 GALLONS OF OIL, FROM ITS FACILITY INTO OR UPON OHIO RIVER AND/OR ADJOINING SHORELINES. THE EPA OBTAINED THIS INFORMATION FROM THE RESPONDENT'S RESPONSE TO THE EPA'S CWA SECTION 308 INFORMATION REQUEST. THE OHIO RIVER IS A NAVIGABLE WATER OF THE UNITED STATES . RESPONDENT'S JANUARY 5, 2015 DISCHARGE OF OIL FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF THE OHIO RIVER AND/OR UPON ADJOINIING SHORELINES, AND THERERFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3, WHICH IMPLEMENTS 311(b)(3) and (b)(4) OF THE CWA. RESPONDENT'S JANUARY 5, 2015 DISCHARGE OIL FROM ITS FACILITY INTO OR UPON THE OHIO RIVER AND/OR ADJOINING SHORELINES, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR SECTION 110.3. RESPONDENT THEREFORE VIOLATED SECTION 311(b)(3) OF THE CWA.

Defendants (1)

• SOUTHERN STATES COOPERATIVE, INC.Named in complaintNamed in settlement

Facilities (1)

• SOUTHERN STATES COOPERATIVE, INC.

  150 COAST GUARD LANE, OWENSBORO, KY, 42303-0274

  Registry ID: 110009012825

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• SOUTHERN STATES COOPERATIVE, INC.entered 2015-09-15

  Primary law: CWA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2015-09-15Complaint Filed/Proposed Order
• 2015-09-15Final Order Issued
• 2015-09-17Enforcement Action Data Entered
• 2015-10-05Enforcement Action Closed