EPA v. KOCH PIPELINE COMPANY

Case summary

On February 7, 2003, EPA Region VII referred U.S. v. Koch Pipeline Company [KPL] to the Department of Justice for filing. The litigation referral contained a violation of Section 311 of the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act ), as amended by the Oil Pollution Act of 1990, 33 U.S.C. ýý 1321, by Koch Pipeline Company, L.P. This violation resulted from the discharge of approximately 312,800 pounds of anhydrous ammonia from a KPL pipeline on December 14, 2001 in Iowa. The main source of evidence of the violation set forth in the referral are documents submitted by KPL in response to two information requests, issued by EPA pursuant to Section 308 of the Clean Water Act, 33 U.S.C. ýý 1318. Additional documentation of the discharge was provided in reports prepared by Region VII and/or its contractors and state counterparts.

Defendants (1)

• KOCH PIPELINE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• KOCH PIPELINE CO

  MILE POST 6-270.3 AND CHAINING STATION 14274&50, ALGONA, IA, 50511

  Registry ID: 110015748547

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CERCLA 107A — Cost Recovery
• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• KOCH PIPELINE COMPANY, LPentered 2003-09-24

  Primary law: CWA

  Federal penalty: $1,000,000 · State/local: $450,000

Timeline (6 milestones)

• 2003-02-07Referred To Dept Of Justice
• 2003-04-11Enforcement Action Data Entered
• 2003-09-18Complaint Filed With Court
• 2003-09-24Final Order Entered
• 2003-09-24Final Order Lodged
• 2003-09-24Enforcement Action Closed