EPA v. Kinder Morgan - Pipeline Spills

Case summary

This is a Judicial Referral pursuant to section 311(b)(7) of the CWA asking the Department of Justice to bring an action against Kinder Morgan Energy Partners. The referral addresses a discharge of oil in violation of section 311(b)(3) of the CWA that took place from a pipeline owned and operated by Kinder Morgan near Suisun, California. The action seeks a penalty consistent with EPA penalty policy. NOTE: This action also includes a supplemental referral in August 2005 for pipeline spills at the Port of Oakland in Oakland, California (February 2005) and at Donner Lake in Truckee, California (April 2005)

Defendants (1)

• Kinder Morgan Energy Partners LPNamed in complaintNamed in settlement

Facilities (3)

• KINDER MORGAN OAKLAND PIPELINE

  PORT OF OAKLAND (BERTH 62), MIDDLE HARBOR ROAD, OAKLAND, CA, 94607

  Registry ID: 110030909113

• KINDER MORGAN DONNER PIPELINE

  5 MILES WEST OF TRUCKEE (NEAR DONNER LAKE), TRUCKEE, CA, 96161

  Registry ID: 110030909122

• KINDER MORGAN SUISUN PIPELINE

  SOUTH OF STATE HWY 12 AT PIPELINE MILE POST 16.1, SUISUN, CA, 94535

  Registry ID: 110030894708

Statutes cited

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

Enforcement conclusions (1)

• Kinder Morgan - Pipeline Spillsentered 2007-07-27

  Primary law: CWA

  Federal penalty: $1,585,893 · State/local: $2,194,666

Timeline (7 milestones)

• 2004-09-22Referred To Dept Of Justice
• 2004-09-25Enforcement Action Data Entered
• 2005-08-29Supplemental Referral-Adding parties, counts
• 2007-05-21Final Order Lodged
• 2007-05-21Complaint Filed With Court
• 2007-07-27Enforcement Action Closed
• 2007-07-27Final Order Entered