EPA v. KOCH INDUSTRIES, INC.

Case summary

1. SECTION 311 OF THE CLEAN WATER ACT ( CWA ), AS AMENDED BY THE OIL POLLUTION ACT OF 1990 ( OPA ). 2. KOCH GATHERING SYSTEMS INC. 4111 E. 37TH ST. N WICHITA, KS. 67220 (316) 832-5500 KOCH INDUSTRIES, INC. 4111 E. 37TH ST. N WICHITA, KS. 67220 (316) 832-5500 REGISTERED AGENT FOR SERVICE: H. ALLAN CALDWELL 4111 E. 37TH ST. WICHITA, KS. 67220 3. KOCH WAS IN VIOLATION OF SECTION 311 OF THE CWA AND OPA BY DISCHARGING A TOTAL AMOUNT OF APPROXIMATELY 16,001 BARRELS OF OIL IN 160 DISCHARGES. THIS AMOUNT WAS DERIV- ED FROM 149 SELF-REPORTED DISCHARGES TO THE NATIONAL RE- SPONSE CENTER (NRC) PLUS 11 EPA SITES MONITORED FOR WHICH ON-SCENE- MONITORING REPORTS WERE COMPLETED. THE DISCHAR- GES WERE FROM ONSHORE PIPELINES LOCATED IN OKLAHOMA AND TEXAS. ALL WATERS AFFECTED BY THE DISCHARGES WERE ALSO LOCATED IN OKLAHOMA AND TEXAS. 4. PROPOSED RELIEF SOUGHT PURSUANT TO SECTION 311 OF THE CWA, EPA IS SEEKING INJUNCTIVE RELIEF BY ORDERING KOCH TO ADD ADDITIONAL MONITORING AND DETECTION EQUIPMENT, LESS- ENING THE DISTANCE BETWEEN SHUT-OFF VALVES, REMOTE SHUT DOWN DEVICES AND OTHER ADVANCED PREVENTION MEASURES IN- STALLED ON PIPELINES TO REDUCE THE LIKELIHOOD THAT RUP- TURES WOULD RESULT IN LARGE OR PROLONGED DISCHARGES OF OIL, A PENALTY OF $6,144,384.00, AND A COST RECOVERY COST OF LESS THAN $50,000.00. 5. THIS IS A REFERRAL TO DOJ. THE REFERRAL WAS SIGNED ON MAR. 24, 1994.

Defendants (9)

• KOCH GATEWAY PIPELINE CO.Named in settlement
• KOCH GATHERING SYSTEMS, INC.Named in settlement
• KOCH INDUSTRIES, INC._AKA KOCH OIL CO.Named in complaintNamed in settlement
• KOCH MATERIALS CO.Named in settlement
• KOCH REFINING CO.Named in settlement
• KOCH SERVICE, INC.Named in settlement
• BOW PIPE LINE CO., INC.Named in complaintNamed in settlement
• CHASE PIPELINE CO.Named in settlement
• CITRONELLE PIPELINE CO., INC.Named in settlement

Facilities (12)

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

• KOCH AGRI SERVICE

  4111 EAST 37TH STREET NORTH, WICHITA, KS, 67220

  Registry ID: 110054619999

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• KOCH INDUSTRIES, INC.entered 2000-03-07

  Primary law: CWA

  Federal penalty: $15,000,000 · State/local: $15,000,000

Timeline (7 milestones)

• 1994-01-10Enforcement Action Data Entered
• 1994-03-24Referred To Dept Of Justice
• 1995-04-17Complaint Filed With Court
• 2000-02-13Final Order Lodged
• 2000-03-07Final Order Entered
• 2000-03-07Concluded
• 2009-07-01Enforcement Action Closed