EPA v. Delta Fuels Inc. (Toledo)

Case summary

On or around 11/25/2005, there was a release of at least 103,000 gallons of gasoline from Delta Fuel's Tank #3 in its bulk storage facility in Toledo, OH. On or about 8/22/2011, Delta Fuels reported a release of 10,800 gallons of denatured ethanol from Tank #2 at the same facility into a secondary containment area which was saturated with water at the time of the spill. EPA sought penalties against Delta Fuels for 1.) failing to properly maintain and implement its SPCC Plan and 2.) failing to prepare and submit in a timely manner the Tier II forms for its hazardous chemicals on site for calendar years 2003, 2004, 2006 and 2007. The Coast Guard also sought reimbursement of $4,354,273 in costs spent from the Oil Spill Liability Trust Fund in connection with EPA's cleanup and oversight activities for the spills. EPA also sought to make sure Delta Fuels completed its evaluation of the integrity of its containment system for controlling spills and repaired any flaws in that system. EPA estimated that this work would cost between $250,000 and $500,000.

Defendants (2)

• Delta Fuels Inc. (Toledo)Named in complaintNamed in settlement
• Knight Enterprises (Novi)Named in complaintNamed in settlement

Facilities (2)

• KNIGHT ENTERPRISES (OWNER OF DELTA FUELS)

  40600 GRAND RIVER AVE, NOVI, MI, 48375

  Registry ID: 110001298818

• DELTA FUELS INC.

  1820 FRONT ST, TOLEDO, OH, 43605

  Registry ID: 110001618651

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• Delta Fuels Inc. (Toledo)entered 2013-09-16

  Primary law: CWA

  Federal penalty: $43,687

Timeline (8 milestones)

• 2007-04-26Referred To Dept Of Justice
• 2007-05-02Enforcement Action Data Entered
• 2010-02-08Supplemental Referral-Adding parties, counts
• 2013-03-01Complaint Filed With Court
• 2013-07-31Final Order Lodged
• 2013-09-06Pipeline Closed
• 2013-09-16Final Order Entered
• 2013-12-31Enforcement Action Closed