EPA v. CHILL TRANSPORATION LLC

Case summary

On December 19, 2023, Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Chill Transportation LLC (Respondent), for an August 2021 oil spill incident near Toppenish, Washington. The Respondent's semi-truck and refrigerated trailer was traveling northbound on State Route 97, about 4 miles south of Toppenish when it veered off the highway, struck a bridge structure and landed in Toppenish Creek. The truck's diesel fuel tanks leaked, and the refrigerated trailer diesel tank was punctured, and these tanks discharged diesel fuel along the creek shoreline, into the creek and adjacent wetlands. The truck's engine also discharged motor oils into the creek. The oil spill site lies within the reservation of the Confederated Tribes and Bands of the Yakama Nation and in the Toppenish national wildlife refuge (NWR). Toppenish Creek is a perennial creek which is a tributary to the Yakima River. The Yakima River is tributary to the Columbia River near Richland, Washington. The Toppenish NWR is home to many migratory birds and endangered steelhead and shorebirds and upland wildlife?like coyotes, great horned owl, quail, songbirds, mule deer and badgers. The Respondent failed to conduct any spill response. Consequently, the EPA authorized federal spill response trust funding of Yakama Nation first responders and its contractors to address the entire spill response effort at response costs exceeding $65,000. The Washington State Patrol cited the truck driver for improper lane usage. The Respondent made an inability-to-pay claim during EPA settlement negotiations which is reflected in the final agreed-to reduced penalty level. The Respondent has agreed to pay a penalty of $2,000. The oil spill site is in an area with environmental justice concerns.

Defendants (1)

• CHILL TRANSPORTATION LLCNamed in complaintNamed in settlement

Facilities (1)

• CHILL TRANSPORTATION LLC

  STATE HIGHWAY 97, MILEPOST 57, TOPPENISH, WA, 98948

  Registry ID: 110071544334

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• CHILL TRANSPORATION LLCentered 2023-12-19

  Primary law: CWA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2023-11-15Enforcement Action Data Entered
• 2023-12-19Final Order Issued
• 2023-12-19Complaint Filed/Proposed Order
• 2024-04-23Enforcement Action Closed