EPA v. PETRO 40 INC HOMER

Case summary

On September 8, 2025, Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Petro 49, Inc. (Respondent) for its Homer bulk oil storage and distribution facility on the Homer Spit in Homer, Alaska. Respondent failed to adequately implement Clean Water Act Section 311 spill prevention, control and countermeasure (SPCC) requirements and facility response plan (FRP) requirements, including FRP worst case discharge response revisions to account for new commercial resort lodge building construction in the facility?s worst case discharge pathway to Kachemak Bay. The Respondent updated the facility's SPCC Plan and FRP to remedy the alleged violations which will provide additional public safety if there is a worst case discharge from the facility. The Respondent has agreed to pay a penalty of $47,000 and has returned to compliance. The estimated cost of injunctive relief is $30,000.

Defendants (1)

• PETRO 40 INC HOMERNamed in complaintNamed in settlement

Facilities (1)

• PETRO MARINE SERVICES - HOMER

  4755 HOMER SPIT RD, HOMER, AK, 99603

  Registry ID: 110001717456

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• PETRO 40 INC HOMERentered 2025-09-08

  Primary law: CWA

  Federal penalty: $47,000

Timeline (4 milestones)

• 2025-07-03Enforcement Action Data Entered
• 2025-09-08Complaint Filed/Proposed Order
• 2025-09-08Final Order Issued
• 2025-09-11Enforcement Action Closed