DNREC News - New York Company Assessed $10,000 Penalty for Oil Spill

Dec. 4, 2000
Vol. 30, No. 361

For more information, contact Melinda Carl, Office of Information and Education, 302-739-4506

New York Company Assessed $10,000 Penalty for Oil Spill

Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale has issued a Notice of Administrative Penalty Assessment and Order with a penalty of $10,000 to Bouchard Transportation Co., Inc., Hicksville, N.Y.

The penalty assessment was issued to Bouchard for discharging from its barge approximately 4200 gallons of vacuum gas oil, a pollutant, into the Delaware River in violation of Delaware's pollution control regulations.

Bouchard operates a cargo transportation company based in Hicksville. The violation occurred while the company was contracted by Motiva Enterprises, Inc. to transport vacuum gas oil by barge from Motiva's terminals in Delaware City, Del.

On Oct. 26, 1999 at approximately 7 p.m., Bouchard's Barge 15 began loading vacuum gas oil at Motiva's Pier 2 at Delaware City. At 4:32 a.m., Oct. 27, 1999, Motiva's night superintendent reported an oil spill on Pier 2 to DNREC. The spill occurred as a result of the failure of Bouchard's barge tankman to properly close the valve of a port tank after the tank had been loaded, and to maintain proper supervision of the loading operations.

Under Delaware Law [7 Del. C., Section 6003(a)(2)], "No person shall, without first having obtained a permit from the Secretary, undertake any activity: (2) In a way which may cause or contribute to the discharge of a pollutant into any surface or ground water."

In addition to the $10,000 penalty assessment, Bouchard was ordered to reimburse DNREC $3,357.90 in recoverable costs. The company has 30 days to request a public hearing.

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Document No. 40-01/00/12/04

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