What is the law for when machinery oil is spilled on the ground?

Groundwater within the United States is considered to be navigable water subject to federal control. The Clean Water Act (CWA) is a federal regulation that strictly regulates and prohibit the spilling of hazardous waste on farmland and into the waters of the United States. Farmers, ranchers or any company or entity that has petroleum storage tanks must insure that their tanks are secure and that any spill is reported to the state and federal EPA agencies.

The amount of oil that has spilled is the determining factor in how the spill is to be dealt with. In most cases, a spill of any chemical fluid directly onto the ground of less than 55 gallons can be cleaned manually and doesn’t require formal reporting. As such, most rules pertain directly to large-scale agricultural operations, i.e. - those with large oil holding tanks or petroleum products, such as gasoline for their farming equipment.

Any volume larger than 55 gallons is to be reported to the EPA by the owner of the faulty equipment. Upon reporting the incident, the owner will be informed of how to deal with the spill. The regulations within the CWA also require that you comply with all spill prevention provisions of the law. They also stipulate that any reported spill be followed by an inspection of the faulty equipment that caused the spill to ensure that all EPA regulations were met prior to the spill taking place. For instance, if the farm in question has an above-ground oil storage unit(s) that is greater than 1,300 gallons or that has buried storage of over 42,000 gallons, there are additional requirements that must be met for storage under the CWA.

To get help determining how you should proceed in the event of a spill, it is in your best interests to speak with a lawyer for guidance and advice.