EPA v. JETTA OPERATING APPALACHIA, LLC

Case summary

2/4/16 - OIL SPILL EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $500. ON OR ABOUT AUG 15, 2014, RESPONDENT DISCHARGED APPROX 550 GALLONS OF OIL, INTO OR UPON WOLF CREEK AND/OR ADJOINING SHORELINES. EPA OBTAINED THIS INFO FROM THE EPA ON-SCENE COORDINATOR'S POLLUTION REPORT. WOLF CREEK FLOWS INTO RACCOON CREEK WHICH FLOWS INTO CUTSHIN CREEK THEN TO THE MIDDLE FORK OF THE KY RIVER. THE MIDDLE FORK OF THE KY RIVER IS A NAVIGABLE WATER OF THE U.S. AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF THE CWA. RESPONDENT'S DISCHARGE OF OIL, ON OR AROUND AUG 15, 2014, FROM ITS FACILITY CAUSED A FILM OR DISCOLORATION OF THE SURFACE OF WOLK CREEK AND/OR UPON THE ADJOINING SHORELINES, AND THEREFORE, WAS IN A QUANTITY THAT HAS BEEN DETERMINED MAY BE HARMFUL UNDER 40 CFR 110.3, WHICH IMPLEMENTS SECTION 311(b)(3) AND (b)(4) OF THE CWA.

Defendants (1)

• JETTA OPERATING APPALACHIA, LLCNamed in complaintNamed in settlement

Facilities (1)

• OIL SPILL (JETTA OPERATING APPALACHIA, LLC)

  INTERSECT-WOLF CREEK RD & RACOON CREEK-BAKER FORK, YEADDISS, KY, 41777

  Registry ID: 110067368360

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• JETTA OPERATING APPALACHIA, LLCentered 2016-02-04

  Primary law: CWA

  Federal penalty: $500

Timeline (4 milestones)

• 2016-02-04Final Order Issued
• 2016-02-04Enforcement Action Closed
• 2016-02-04Complaint Filed/Proposed Order
• 2016-02-19Enforcement Action Data Entered