EPA v. CSX TRANSPORTATION, INC.

Case summary

5/16/17 - EXPEDITED OIL SPILL AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ALLEGED VIOLATIONS: ON OR ABOUT JANUARY 27, 2015, RESPONDENT DISCHARGED APPROXIMATELY 4,000 GALLONS OF OIL, AS DEFINED IN SECTION 311(a)(2) OF CWA, FROM ITS FACILITY INTO OR UPON LOWER THREE RUNS CREEK AND/OR ADJOINING SHORELINES AND THE WETLANDS ADJACENT TO OR ABUTTING LOWER THREE RUNS CREEK. THE WATER OF THE WETLANDS FLOWS TO LOWER THREE RUNS CREEK. THE EPA OBTAINED THIS INFORMATION FROM THE ON-SCENE COORDINATOR'S POLLUTION REPORT. LOWER THREE RUNS CREEK FLOWS INTO THE SAVANNAH RIVER, WHICH IS A NAVIGABLE WATER OF THE UNITED STATES, AND IS SUBJECT TO THE JURISDICTION OF SECTION 311 OF CWA. RESPONDENT'S DISCHARGED OF OIL ON OR ABOUT JANUARY 27, 2015, FROM ITS FACILITY CAUSED A FILM OR SHEEN UPON OR DISCOLORATION OF THE SURFACE OF LOWER THREE RUNS CREEK, 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. RESPONENT'S DISCHARGE OF OIL ON OR ABOUT JANUARY 27, 2015, FROM ITS FACILITY INTO OR UPON LOWER THREE RUNS CREEK, AND/OR ADJOINING SHORELINES AND THE WETLANDS ADJACENT TO OR ABUTTING LOWER THREE RUNS CREEK, WHICH EVENTUALLY FLOWS INTO THE SAVANNAH RIVER, WAS IN A QUANTITY THAT HAS BEEN DETERMINED TO BE HARMUL UNDER 40 CFR SECTION 110.3. RESPONDENT THEREFORE VIOLATION SECTION 311(b)(3) OF THE CWA.

Defendants (1)

• CSX TRANSPORTATION, INC.Named in complaintNamed in settlement

Facilities (1)

• OIL SPILL - CSX TRANSPORTION

  33.067842 -81.479650, MARTIN, SC, 29836

  Registry ID: 110070071962

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CSX TRANSPORTATION, INC.entered 2017-05-16

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2017-05-16Final Order Issued
• 2017-05-16Complaint Filed/Proposed Order
• 2017-06-15Enforcement Action Closed
• 2017-06-16Enforcement Action Data Entered