EPA v. BURTON SHELL

Case summary

JUNE 14, 2023 - SPCC Expedited Settlement Agreement On August 5, 2021, an authorized representative of the United States Environmental Protection Agency (EPA) conducted an inspection of the Respondent's facility located at 3424 Highway 309 North, Byhalia, Mississippi 38611 (the Facility), to detem1ine compliance with the Oil Pollution Prevention regulations promulgated at 40 C.F.R. Part 112 under Section 31 l(j) of the Clean Water Act (CWA), as amended, 33 U.S.C. ? 1321(j). EPA determined that Respondent, as owner or operator of the Facility, violated the Oil Pollution Prevention regulations as noted on the attached Spill Prevention Control and Countermeasure Plan (SPCC) Inspection Findings, Alleged Violations, and Proposed Penalty Form (Form), which is incorporated by reference. By its signature below, EPA ratifies the inspection findings and alleged violations set forth in the Form. EPA is authorized to enter into this Expedited Settlement Agreement (ESA) under the authority of Section 3ll(b)(6)(B)(i) of the CWA, 33 U.S.C. ? 132l(b)(6)(B)(i),as amended by the Oil Pollution Act of 1990, and 40 C.F.R.? 22.13(b). The parties enter into this ESA to settle the civil violations described in the Form for a penalty of $4,775. This ESA is subject to the following terms and conditions: EPA finds Respondent is subject to the Oil Pollution Prevention regulations and has violated the regulations as described in the Form. Respondent admits it is subject to the Oil Pollution Prevention regulations and that EPA has jurisdiction over Respondent and Respondent's conduct as described in the Form. Respondent does not contest the inspection findings and neither admits nor denies the allegations in the Form. Respondent also waives any objections it may have to EPA's jurisdiction, any rights to contest the allegations, and its right to appeal this ESA and Final Order. Respondent consents to the assessment of the penalty stated above. Respondent certifies, subject to civil and criminal penalties for making a false submission to the United States Government, that the violations identified in the Form have been corrected and the Facility is now in full compliance with the Oil Pollution Prevention regulations (or that the violations will be corrected and the Facility brought into full compliance with the Oil Pollution Prevention regulations within an alternative time frame agreed to by EPA 111 writing). Respondent agrees to pay the penalty assessed within thirty (30) calendar days of the effective date of this ESA. Instructions for making the penalty payment are enclosed with this ESA as Attachment A and incorporated herein by reference. Failure by Respondent to pay the penalty assessed by this ESA in full by its due date may subject Respondent to a civil action to collect the assessed penalty plus interest, attorney's fees, costs and an additional quarterly nonpayment penalty pursuant to CWA ? 31 l(b)(6)(H), 33 U.S.C. ? 1321(b)(6)(H). In any such collection action, the validity, amount, and appropriateness of the penalty shall not be subject to review. Any payment made pursuant to this ESA is a penalty within the meaning of Section 162(?) of the Internal Revenue Code, 26 U.S.C. ?162(?), and, therefore, Respondent shall not claim it as a tax-deductible expenditure for purposes of federal, state or local law.

Defendants (1)

• BURTON SHELLNamed in complaintNamed in settlement

Facilities (1)

• BP GAS STATION

  3424 HWY 309 N, BYHALIA, MS, 38611

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• BURTON SHELLentered 2023-06-14

  Primary law: CWA

  Federal penalty: $4,775

Timeline (4 milestones)

• 2023-06-14Complaint Filed/Proposed Order
• 2023-06-14Final Order Issued
• 2023-06-16Enforcement Action Closed
• 2023-06-28Enforcement Action Data Entered