EPA v. TYREE OIL INC - NORTH BEND AND EUGENE FACILITIES

Case summary

On March 28, 2013, EPA Region 10 issued a Consent Agreement and Final Order settling claims against Tyree Oil Company for violations of Section 311(b)(3) and Section 311(j) of the Clean Water Act and accompanying Spill Prevention, Control and Countermeasures regulations, 33 U.S.C. 1321(b)(3) and (j), 40 C.F.R. Part 112. Violations were observed during inspections in May and July 2009 of Tyree Oil Company's Eugene and North Bend Facilities in Oregon. These violations included failure to prepare an SPCC/FRP plan that meets SPCC requirements, inadequate implementation of their SPCC/FRP plans, inadequate secondary containment and failure to maintain records. The Eugene Facility also experienced a January 2009 diesel spill, some of which reached the Willamette River, of approximately 7 barrels from a facility aboveground storage tank (AST). Tyree Oil Company has agreed to pay EPA a penalty of $27,920 for these violations and implement a SEP at their North Bend Facility. The estimated cost of the SEP is $200,000 and the project will receive a mitigation percentage of 50%. Tyree Oil will also pay the State of Oregon a penalty of $2,080 for the discharge violations.

Defendants (2)

• Tyree Oil IncNamed in complaintNamed in settlement
• Ron Tyree

Facilities (2)

• TYREE OIL INC - EUGENE FACILITY

  1355 W 1ST AVE, EUGENE, OR, 97402

  Registry ID: 110031334571

• TYREE OIL INC - NORTH BEND FACILITY

  341 NEWMARK STREET, NORTH BEND, OR, 97459

  Registry ID: 110032889729

Statutes cited

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

Enforcement conclusions (1)

• TYREE OIL INC - NORTH BEND AND EUGENE FACILITIES - CONSENT AGREEMENT AND FINAL ORDERentered 2013-03-28

  Primary law: CWA

  Federal penalty: $27,920 · SEP: $100,000

Timeline (4 milestones)

• 2012-11-06Enforcement Action Data Entered
• 2013-03-28Complaint Filed/Proposed Order
• 2013-03-28Final Order Issued
• 2013-11-26Enforcement Action Closed