EPA v. SINCLAIR OIL CORPORATION D/B/A SUNLIGHT RANCH COMPANY

Case summary

THIS IS A CIVIL ACTION PURSUANT TO CLEAN WATER ACT SECTION 309(B), 33 USC 1319(B), FOR VIOLATIONS OF CLEAN WATER ACT SECTION 301, 33 USC 1311. THE VIOLATIONS ARE THE RESULT OF CERTAIN STREAM CHANNELIZATION ACTIVITIES ENTAILING DISCHARGES OF FILL MATERIAL TO THE LITTLE BIG HORN RIVER IN SOUTH CENTRAL MONTANA WHICH WERE DONE WITHOUT A PERMIT ISSUED PURSUANT TO CLEAN WATER ACT SECTION 404, 33 USC 1344. THE REGION REGARDS THE VIOLATIONS TO BE SERIOUS BECAUSE OF THE HIGH DEGREE OF HARM CAOUSED BY THESE ACTIVITIES AND SIMILAR ACTIVITIES IN THE PAST. HOWEVER, AFTER CAREFUL EVALUATION, WE DO NOT CONSIDER THIS CASE APPROPRIATE FOR CRIMINAL ACTION. THE PRINCIPAL PURPOSE OF THIS REFERRAL IS TO PUT IN PLACE AN ENFORCEABLE STREAM RESTORATION PLAN TO REMEDY THE HARM CAUSED BY THE VIOLATIONS AND TO SEEK FOR THE VIOLATIONS TO DETER BOTH THE DEFENDANT AND OTHERS IN THE AREA WHO HAVE ON OCCASION IN THE PAST DONE SIMILAR WORK. THIS REFERRAL IS RELATED TO THE REFERRRAL AGAINST NELSON BUNKER HUNT, THE PREVIOUS OWNER OF THE RANCH WHO COMMITTED THE SAME TYPE OF VIOLATIONS IN THE PAST. THE REGION HAS COORDINATED WITH THE OMAHA DISTRICT OF THE U.S. ARMY CORPS OF ENGINEERS ON THE PRESENT ENFORCEMENT ACTION. THIS ACTION REPRESENTS THE FIRST SUCH EPA JUDICIAL ENFORCEMENT ACTION IN THE STATE OF MONTANA AND IS PART OF OUR INCREASED ENFORCEMENT PRESENCE IN THE CLEAN WATER ACT SECTION 404 PROGRAM.

Defendants (1)

• SINCLAIR OIL CORP D/B/A SUNLIGHT RANCHNamed in complaintNamed in settlement

Facilities (1)

• SUNLIGHT RANCH

  IN WYOLA, WYOLA, MT, 59089

  Registry ID: 110022450257

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• SINCLAIR OIL COMPANY/DBA/entered 1991-08-28

  Primary law: CWA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1987-09-15Referred To Headquarters
• 1987-11-03Referred To Dept Of Justice
• 1988-11-20Referred TO U.S. Attorney
• 1988-11-22Complaint Filed With Court
• 1991-08-28Final Order Lodged
• 1991-08-28Final Order Entered
• 1991-08-28Concluded
• 1991-12-30Enforcement Action Closed