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CONTACTS:
David Sternberg, 215-597-6180
Bonnie Lomax, 215-597-2447
April 2, 1996; 96-97
PHILADELPHIA -- The United States Environmental Protection
Agency (EPA) today announced an aggressive effort to enforce
federal oil spill laws in the mid-Atlantic region. "This
initiative is intended to send a strong signal to oil polluters
everywhere," said EPA Region III Administrator, W. Michael
McCabe. "The Clinton Administration is committed to fair and
vigorous enforcement of the nation's environmental standards.
Laws protecting against oil spills apply to inland pipeline
operators, as well as coastal refineries and oceangoing tankers.
We will not tolerate illegal oil pollution of any of America's
waterways."
In a judicial complaint filed by the U.S. Department of
Justice in the Southern District of West Virginia, Pennzoil
Products Company and its subsidiary Eureka Pipe Line Company were
cited for illegally discharging approximately 22,000 gallons
(approximately 524 barrels) of oil into the area's rivers,
streams, and waterways. The United States' Complaint alleged
Pennzoil with 37 unlawful spills, ranging from one half to seven
barrels, between October 1993 and August 1995. Eureka is alleged
16 illegal spills from West Virginia facilities between February
1993 and June 1995. The largest of these was a 10,500 gallon
pipeline spill in Roane County, West Virginia on February 11,
1993.
"The message from this initiative is clear -- we will
prosecute those who harm the environment and threaten public
health," said Lois J. Schiffer, Assistant Attorney General in
charge of the Justice Department's Environment and Natural
Resources Division. "This case demonstrates that we mean
business in enforcing the Oil Pollution Act."
The United States also filed a case in the Western District
of Pennsylvania against Atlantic Pipeline Corporation and Sun
Pipe Line Company, the owners and operators (respectively) of an
oil pipeline in Indiana County, Pennsylvania. The complaint
alleges that this eight inch pipeline discharged an estimated
22,554 gallons of unleaded gasoline on May 8, 1994, much of which
contaminated a nearby pond and waterway.
The judicial complaints seek penalties for violations of the
1990 Oil Pollution Act. In the case of Pennzoil and Eureka, the
government is also seeking injunctive relief to improve the
company's spill prevention and monitoring programs. According to
government records, Pennzoil discharged oil over 250 times in
this area from 1986 to 1995, and Eureka reported over 650 spills
from its West Virginia facilities during that period.
In separate administrative actions, EPA Region III moved
against companies and individuals in the region for violations of
oil spill prevention and control regulations. The respondents in
these administrative complaints are Quarles Petroleum Terminal,
Inc., of Fredericksburg, Virginia; Peoples Oil and Gas of
Clarksville, Virginia; Columbia Natural Resources of Charleston,
West Virginia and Stephen Ward of Parkersburg, West Virginia.
EPA alleges that in three spills in June and September 1995,
Columbia Natural Resources spilled 118 gallons of crude oil from
a pipeline in Clay County, West Virginia. The other
administrative actions allege failure to prepare or carry out oil
spill prevention plans required under Section 311 of the Clean
Water Act. EPA's administrative actions seek a total of
$157,695.33 in fines.
Section 311 of the Clean Water Act prohibits discharges of
oil into United States waterways and coastal areas in quantities
that are harmful to the environment or pubic health or welfare.
The law also establishes a Spill Prevention, Control, and
Countermeasures (SPCC) program that requires companies to prepare
oil spill prevention and response plans, and to report prohibited
discharges immediately to a national response center.
The 1990 Oil Pollution Act amends these requirements by
strengthening the government's authority to respond to spills,
expanding oil prevention activities, ensuring that shippers and
oil companies are responsible for oil spills that do occur, and
increasing penalties for illegal discharges.
This enforcement initiative is part of a continuing federal
effort to ensure compliance with the oil pollution measures of
the Clean Water Act. Today's announcement marked the third
straight year that EPA Region III has participated in an
enforcement drive against oil spill violators in the mid-Atlantic
Region.
A list of cases involved in this initiative is listed below.
The U.S. Department of Justice, on behalf of EPA has filed a
complaint in Federal District Court in West Virginia against
Pennzoil Products Company and its subsidiary Eureka Pipe Line
Company. Following is a summary of the violations alleged in
that complaint.
The United States sued Pennzoil Products Company in federal
district court for 37 unlawful pipeline oil spills in West Virginia and
western Pennsylvania between February 1993 and August 1995.
The spills, which ranged from one to seven barrels and totalled
an estimated 22,000 gallons resulted largely from pipeline
corrosion and leaking equipment. Much of the oil wound up
in the local waterways. Among the recent Pennzoil spills
described in the complaint are the following:
May 16, 1995
A corrosion hole in the bottom of a crude oil storage tank on the C.T.
Escue farm in Lincoln County, West Virginia, resulted in the discharge
of approximately 294 gallons of crude oil, all of which rand into the
Hazelett Fork.
May 3, 1995
A corrosion hole in a gathering line on the Lee Wyatt farm in Roane
County, West Virginia resulted in the discharge of approximately 252
gallons of crude oil, over half of which reached the Tributary of West Fork.
April 20, 1995
A corrosion hole in a gathering line on the O.D. Stockley farm in Roane
County, West Virginia, resulted in the discharge of approximately 126
gallons of crude oil, 42 of which reached the Left Fork of Granny's Creek.
The United States also sued Eureka Pipe Line Co. a Pennzoil
subsidiary, for 16 illegal oil spills, the largest of which was a 10,500
gallon pipeline spill in Roane County, West Virginia on February 11, 1993.
Nearly all of this oil flowed into Triplett Run, a local waterway. Other
ureka spills alleged in the complaint include the following:
May 5, 1995
A corrosion hole in a gathering line on he Gordie Garretson farm in Calhoun
County, West Virginia, resulted in the discharge of approximately 1,050 gallons
of crude oil, all of which contaminated Little Rowles Run.
April 3, 1995
An internal corrosion hole in a gathering line of the Westvaco farm in
Ritchie county, West Virginia, resulted in the discharge of approximately
6,200 gallons of crude oil into Long Run.
April 19, 1994
A pipeline in Grant District, Ritchie County, West Virginia, discharged
420 gallons into Gillespie Run.
June 9, 1994
A pressure line in Walton District, Roane County, West Virginia,
discharged 126 gallons of oil into Rock Creek.
June 29, 1994
A pipeline in Duval District, Lincoln County, West Virginia, discharged
126 gallons of oil into Donley Fork.
August 3, 1994
A pipeline in Spencer District, Roane County, West Virginia, discharged
210 gallons of oil into Henry Fork.
Between 1986 and 1995, government records show Pennzoil
discharged oil over 250 times throughout West Virginia and
western Pennsylvania and Eureka reported over 650 spills from its
West Virginia facilities. Both companies conducted the required
cleanups and repairs after these spills. However, the United
States believes that this court action is necessary to address
the cumulative environmental effect of these spills, and to
prevent future discharges through improved corrosion protection
and monitoring.
Officials from the West Virginia Division of Environmental
Protection have actively investigated these spills, and are
cooperating with these enforcement cases.
The United States filed a Complaint in the Western District in
Pennsylvania against Sun Pipeline and Atlantic Pipeline
Corporations seeking penalties for a 22,534 gallon gasoline spill
on May 8, 1994 in Indiana County, Pennsylvania.
EPA has filed administrative complaints against the following
parties:
EPA alleges that Quarles Petroleum violated federal regulations at
its Fredricksburg, Virginia oil storage facility by failing to implement and
review the oil spill prevention, control, and countermeasures (SPCC)
plan that Quarles had prepared for this facility. In particular,
the complaint alleges that Quarles did not comply with its SPCC
plan commitments to provide adequate secondary containment to
limit oil spills, and to provide adequate security at the
facility. Further, Quarles SPCC plan did not provide for
required personnel training in oil spill prevention and control.
EPA seeks a $114,257.83 penalty for these violations.
EPA alleges that Peoples Oil and Gas Company, the owner of a 21,000
oil storage facility in Buffalo Junction, Virginia failed to prepare SPCC
plans for this facility. EPA seeks $10,000 in penalties for this violation.
EPA alleges that Columbia Natural Resources, the owner of an oil
pipeline in Clay County, West Virginia spilled 118 gallons of crude oil in
three spills in June and September 1995. EPA is seeking $3,437.50 in
penalties for these spills.
In three separate complaints, EPA alleges that Stephen Ward, of Parkersburg,
West Virginia, failed to prepare SPCC plans for three 42,000 gallon oil tanks
in Harrisville and St. Mary's, West Virginia despite having been advised by EPA
inspectors of his duty to prepare oil spill prevention plans. EPA seeks $30,000
in penalties for these three violations.
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