EPA v. MCFANN AND MASON

Case summary

1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. MCFANN AND MASON 418 WEST ELM EL DORADO, OUACHITA COUNTY, ARKANSAS 71730 FACILITY: HUGHES LEASE, OUACHITA COUNTY, ARKANSAS 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 311(J) AND 311(B) (3) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR THE HUGHES FACILITY IN OUACHITA COUNTY, ARKANSAS AND BY THE UNAUTH- ORIZED DISCHARGE OF AN UNKNOWN QUANTITY OF OIL FROM THE SAME FACILITY INTO AN UNNAMED POND AND ADJOINING SHORE- LINES. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $7,000 FOR COUNT 1 AND $10,000 FOR COUNT 2 FOR A PROPOSED TOTAL OF $17,000.

Defendants (1)

• MCFANN AND MASONNamed in complaint

Facilities (1)

• HUGHES LEASE

  418 W ELM, EL DORADO, AR, 71730

  Registry ID: 110010775624

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B3 — Clean Water Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CWA

Timeline (3 milestones)

• 1997-08-04Complaint Filed/Proposed Order
• 1997-08-06Enforcement Action Data Entered
• 1997-10-06Enforcement Action Closed