EPA v. CONTINENTAL RESOURCES INC

Case summary

Oil Discharge Prohibition 5. Section 3II(b)(3) ofthe Act, 33 U.S.C. § 1321(b)(3), prohibits discharging oil into or upon the navigable waters of the United States in such quantities as may be harmful as determined under section 3ll(b)(4) ofthe Act, 33 U.S.C. § 1321(b)(4). 6. For purposes of section 3ll(b)(4) ofthe Act, 33 U.S.C. § 132l(b)(4), the EPA has determined, in 40 C.F.R. § II 0.3, that a discharge of oil may be harmful to the public health or welfare or the environment of the United States if that discharge (a) violates applicable water quality standards or (b) causes a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon the adjoining shorelines. 7. Section 3l l(b)(4) of the Act, 33 U.S.C. § 1321(b)(4), directed the President to make the determination referenced in paragraph 6, above. The President delegated the authority to make this determination to the Administrator of the EPA by section 8(a) of Executive Order No. 12777 (56 Fed. Reg. 54757, October21 , 1991), which superseded Executive Order No. 11735 (38 Fed. Reg. 21243, August 7, 1973). Spill Prevention Control and Countermeasure Requirements 8. Section 311U)(l)(C) ofthe Act, 33 U.S.C. § 1321(j)(l)(C), directed the President to issue regulations establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil .. . from vessels and from onshore and offshore fac ilities, and to contain such discharges .... The President delegated the authority to make this determination for non-transportation related onshore facilities to the Administrator of the EPA by section 2(b)(l) of Continental Resources, Inc. Combined Complaint and Consent Agreement- 2 Executive Order No. 12777 (56 Fed. Reg. 54757, October21, 1991), which superseded Executive Order No. 11735 (38 Fed. Reg. 21243, August 7, 1973). 9. In response to the directive referenced in paragraph 8, above, the EPA promulgated 40 C.F.R. part 112. I 0. A facility subject to 40 C.F.R. part 112 is required to prepare a wri tten spill prevention, control, and countcnneasure (SPCC) plan and to adhere to the discharge prevention and containment procedures specified in that regulation.

Defendants (1)

• CONTINENTAL RESOURCES INCNamed in complaintNamed in settlement

Facilities (1)

• CONTINENTAL RESOURCES INC

  T25N R55E S8, SIDNEY, MT, 59270

  Registry ID: 110059715045

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• CONTINENTAL RESOURCES INCentered 2014-04-18

  Primary law: CWA

  Federal penalty: $22,000

Timeline (4 milestones)

• 2014-04-18Final Order Issued
• 2014-04-18Complaint Filed/Proposed Order
• 2014-05-08Enforcement Action Closed
• 2014-05-22Enforcement Action Data Entered