EPA v. BERRY PETROLEUM COMPANY

Case summary

THIS ACTION CONCERNS VIOLATIONS OF CLEAN WATER ACT SECTION 311 AND EPA'S SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) REGULATIONS COMMITTED BY BERRY PETROLEUM COMPANY. IN DECEMBER 1993, BERRY SPILLED ABOUT 2,000 BARRELS OF CRUDE OIL FROM AN OIL PRODUCTION FACILITY INTO A WETLAND AREA LOCATED ADJACENT TO MCGRATH STATE BEACH, NEAR OXNARD, CALIFORNIA. THE CRUDE OIL ALSO REACHED THE PACIFIC OCEAN AND COATED NEARBY BEACHES. THE SPILL CAUSED DOCUMENTED BIRD KILLS AND DAMAGED SENSITIVE WETLAND HABITAT. THE SPILL CAUSED, IN LARGE PART, FROM BERRY'S NEGLIGENT FAILURE TO IMPLEMENT ITS SPCC PLAN, IN VIOLATION OF EPA'S SPCC REGULATIONS, 40 C.F.R. PART 112.

Defendants (2)

• BERRY PETROLEUM COMPANYNamed in complaintNamed in settlement
• BUSH OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CHEVRON USA INC MONTALVO LSE

  5713 W GONZALES RD, OXNARD, CA, 93030

  Registry ID: 110002055944

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• BERRY PETROLEUMentered 1997-02-13

  Primary law: CWA

  Federal penalty: $600,000 · State/local: $200,000

Timeline (6 milestones)

• 1994-01-30Enforcement Action Data Entered
• 1994-12-08Referred To Dept Of Justice
• 1997-01-23Complaint Filed With Court
• 1997-02-13Final Order Lodged
• 1997-02-13Final Order Entered
• 1997-02-13Concluded