EPA v. Commonwealth Utilities

Case summary

This is an Administrative Order pursuant to the Clean Water Act [33 U.S.C. Section 1321(c)] issued to the Commonwealth Utilities Corporation. The violation involves discharge of oil from the Lower Base Power Generator facility (Plants 1 & 2). The Order directs CUC to immediately secure all sources of oil discharges and take appropriate measures to prevent further discharge, including providing a Work Plan for the proper removal and disposal of all petroleum contaminated media. NOTE: On October 10, 2007 an Amended Order for Removal, Mitigation or Prevention of a Substantial Threat of Oil Discharge (Amended Order) was issued by EPA. Respondent failed to comply with the original requirements as ordered by EPA in this matter. In the Amended Order, EPA is precriptive about the precise steps which Respondent is required to take in order to achieve compliance with Section 311(c) of the Clean Water Act and 40 C.F.R. Part 112. Superceded byStipulated Order No 2 for Preliminary relief issued 3/11/2009.

Defendants (1)

• Commonwealth Utilities CorporationNamed in complaintNamed in settlement

Facilities (4)

• COMMONWEALTH UTILITIES CORPORATION POWER PLANT

  SAIPAN POWER PLANT (LOWER BASE), SAIPAN, MP, 96950

  Registry ID: 110024539070

• COMMONWEALTH UTILITIES CORPORATION POWER PLANT

  SAIPAN POWER PLANT (LOWER BASE), SAIPAN, MP, 96950

  Registry ID: 110024539070

• COMMONWEALTH UTILITIES CORPORATION POWER PLANT

  SAIPAN POWER PLANT (LOWER BASE), SAIPAN, MP, 96950

  Registry ID: 110024539070

• COMMONWEALTH UTILITIES CORPORATION POWER PLANT

  SAIPAN POWER PLANT (LOWER BASE), SAIPAN, MP, 96950

  Registry ID: 110024539070

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• Commonwealth Utilities Corporationentered 2006-10-25

  Primary law: CWA

Timeline (4 milestones)

• 2006-10-25Final Order Issued
• 2006-10-25Complaint Filed/Proposed Order
• 2006-12-06Enforcement Action Data Entered
• 2007-10-10Amended Administrative Order