EPA v. ILLINOIS POWER COMPANY

Case summary

FACILITY REFUSES TO COMPLY WITH REGULATIONS AFTER MUCH CORRESPONDENCE AND PHONE CONTACTS. PLEASE ASSIGN ATTORNEY F FOR IMMEDIATE ENFORCEMENT ACTION. (B.A. CARR) ON SEPTEMBER 6, 2000, U.S. EPA ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST ILLINOIS POWER COMPANY ALLEGING VIOLATIONS OF SECTION 311 (B)(3) OF THE CWA, 33 U.S.C. 1321(B)(3) AND 40 CFR 112.7(E)(4), FOR ITS FAILURE TO HAVE A QUICK DRAIN- AGE SYSTEM FOR ITS TANK TRUCK LOADING/UNLOADING AREA WITH A CONTAINMENT SYSTEM DESIGNED TO HOLD AT LEAST THE MAXIMUM CAPACITY OF ANY SINGLE COMPARTMENT OF A TANK TRUCK USED FOR LOADING/UNLOADING. IN THE COMPLAINT, U.S. EPA SOUGHT A PENALTY OF $25,000. ILLINOIS POWER HAS AGREED TO PAY THE PROPOSED PENALTY AND TO COME INTO COMPLIANCE WITH THE RE- GULATION WITHIN 9 MONTHS OF THE EFFECTIVE DATE OF THE AGREE- MENT, UNLESS IT BECOMES EXEMPT FROM THE APPLICATION OF THE REGULATION PRIOR TO THAT TIME. COMPLAINANT, U.S.EPA, AND RESPONDENT, ILLINOIS POWER COM- PANY, HAVE AGREED THAT SETTLEMENT OF THIS MATTER IS IN THE PUBLIC INTEREST, AND THAT ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER ( CAFO ) WITHOUT FURTHER LITIGATION IS THE MOST APPROPRIATE MEANS OF RESOLVING THIS MATTER. COMPLAIN- ANT ALLEGES THAT RESPONDENT FAILED TO HAVE A QUICK DRAINAGE SYSTEM FOR THE TANK TRUCK LOADING/UNLOADING AREA WITH A CONTAINMENT SYSTEM DESIGNED TO HOLD AT LEASE THE MAXIMUN CAPACITY OF ANY SINGLE COMPARTMENT OF A TANK TRUCK USED FOR LOADING/UNLOEADING IN VIOLATION OF CWA 311B. THE COMPLAINANT HAS DETERMINED THAT AN APPROPRIATE CIVIL PENALTY TO SETTLE THIS ACTION IS $25,000.00 RESPONSENT CONSENTS TO THE ISSUANCE OF THIS CAFO AND CONSENTS FOR THE PURPOSES OF SETTLEMENT TO THE PAYMENT OF THE CIVIL PENALTY. INTEREST WILL BEGIN TO ACCRUE ON A CIVIL OR STIPULATED PENALTY IF IT IS NOT PAID BY THE LAST DATE REQUIRED.

Defendants (3)

• ILLINOIS POWER COMPANYNamed in complaintNamed in settlement
• BELLEVILLE SERVICE UNIT
• CHAMBLIN, H.E. ENVIRONMENTAL SPECIALISTNamed in settlement

Facilities (1)

• ILLINOIS POWER COMPANY

  1050 W BLVD, BELLEVILLE, IL, 62221

  Registry ID: 110001232666

Statutes cited

• CWA 311B3 — Clean Water Act

Enforcement conclusions (1)

• ILLINOIS POWER COMPANYentered 2000-10-23

  Primary law: CWA

  Federal penalty: $25,000

Timeline (3 milestones)

• 2000-01-11Enforcement Action Data Entered
• 2000-09-06Complaint Filed/Proposed Order
• 2000-10-23Final Order Issued