EPA v. Benz Oil, Inc. (Milwaukee WI) CAFO

Case summary

Section 311(b)96)(B0(ii) of the Clean Water Act authorizes EPA to assess a civil penalty for violations of the SPCC and FRP regulations promulgated pursuant to Section 311(j)(1)(C) of the Act. Operations commenced at the Respondent's Facility in 1956. On May 19, 2014, EPA inspected the Facility and conducted an evaluation of the Facility's SPCC Plan. At the time of the inspection, the Facility did not possess an FRP. On December 16, 2014, EPA issued a Notice of Violation to Respondent alleging violations of certain SPCC and FRP regulations, as enumerated in the CAFO settled by EPA and the Respondent. .A civil penalty of $82,898.75 was agreed upon. This penalty has been paid. It was also agreed to by EPA and the Respondent that Respondent must complete a supplemental environmental project (SEP) designed to protect human health and the environment by installing oil stop valves, and a trench no later than 180 days beyond the effective date of this CAFO. Respondent must spend at least $121,045 to complete this SEP and operate it for at least the next five years.

Defendants (1)

• Benz Oil Inc.Named in complaintNamed in settlement

Facilities (1)

• BENZ OIL

  2724 W HAMPTON AVE, MILWAUKEE, WI, 53209-5460

  Registry ID: 110000418520

Statutes cited

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

Enforcement conclusions (1)

• Benz Oil, Inc. (Milwaukee WI) CAFOentered 2016-02-29

  Primary law: CWA

  Federal penalty: $82,899 · SEP: $121,045

Timeline (6 milestones)

• 2016-01-07Public Comment Period Start
• 2016-01-07Complaint Filed/Proposed Order
• 2016-02-29Final Order Issued
• 2016-03-22Enforcement Action Data Entered
• 2016-10-06Pipeline Closed
• 2016-10-06Enforcement Action Closed