EPA v. O. F. WHITTAKER ESTATE

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. O. F. WHITTAKER ESTATE P.O. BOX 66 STEPHENS, OUACHITA COUNTY, ARKANSAS 71751 FACILITY: TAYLOR A & B LEASE, OUACHITA COUNTY, ARKANSAS 3. RESPONDENT WAS IN VIOLATION OF SECTION 311(J) OF THE CWA BY FAILING TO IMPLEMENT A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN FOR ITS FACILITY, AND SECTION 311(B)(3) OF THE CWA BY A THE DISCHARGING OF UNKNOWN QUANTITY OF OIL FROM THE FACILITY INTO AN UNNAMED MARSH, LAKE AND ADJOINING SHORELINES IN OUACHITA COUNTY, AR. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $5,600 FOR COUNT 1 AND $10,000 FOR COUNT 2, FOR A PROPOSED PENALTY OF $15,600.

Defendants (1)

• O. F. WHITTAKER ESTATENamed in complaintNamed in settlement

Facilities (1)

• O. F. WHITTAKER ESTATE

  PO BOX 66, STEPHENS, AR, 71764

  Registry ID: 110010782705

Statutes cited

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

Enforcement conclusions (1)

• O. F. WHITACKER ESTATEentered 1998-01-06

  Primary law: CWA

  Federal penalty: $3,000

Timeline (5 milestones)

• 1997-09-03Complaint Filed/Proposed Order
• 1997-09-05Enforcement Action Data Entered
• 1998-01-06Final Order Issued
• 1998-01-06Compliance Achieved
• 1998-01-06Enforcement Action Closed