EPA v. AROCHEM CORP

Case summary

THIS IS A CWA/402 ACTION AGAINST DEFENDANT AROCHEM CORP. THE DEFENDANT HAS VIOLATED ITS NPDES PERMIT BY NOT COMPLYING WITH THE PERMIT'S VARIOUS REPORTING PROVISIONS AND THE PERMIT'S EFFLUENT LIMITATIONS. THE EPA IS SEEKING A CIVIL PENALTY EQUAL TO THE BENEFIT OF NONCOMPLIANCE AND A CONSENT DECREE INCLUDING A COMPLIANCE SCHEDULE WITH INTERIM GOALS WITH ASSOCIATED DATES, INTERIM DISCHARGE LIMITS, REPORTING PROVISIONS, AND STIPULATED PENALITIES FOR ANY FUTURE FAILURE TO COMPLY WITH THE COMPLIANCE SCHEDULE. THE EPA MET WITH REPRESENTATIVES OF THE DEFENDANT ON MARCH 7, 1990 AND AGAIN ON JULY 19, 1990. AT BOTH MEETINGS THE DEFENDANT EXPRESSED ITS EAGERNESS TO RESOLVE ANY VIOLATIONS. IN ADDITION AT THE JULY 19TH MEETING THE DEFENDANT STATED ITS DESIRE TO ENTER INTO A CONSENT DECREE. THE DEFENDANT HAS VIOLATED ITS NPDES PERMIT BY NOT COMPLY- ING WITH THE PERMIT'S VARIOUS REPORTING PROVISIONS AND THE PERMIT'S EFFLUENT LIMITATIONS. PROPOSED RELIEF TO BE SOUGHT: THE EPA IS SEEKING A CIVIL PENALTY EQUAL TO THE BENEFIT OF NONCOMPLIANCE AND A CONSENT DECREE INCLUDING A COMPLIANCE SCHEDULE WITH INTERIM GOALS WITH ASSOCIATED DATES, INTERIM DISCHARGE LIMITS, REPORTING PROVISIONS, AND STIPULATED PENALTIES FOR ANY FUTURE FAILURE TO COMPLY WITH THE COMPLIANCE SCHEDULE. THERE WERE NUMEROUS DISCHARGE MONITORING REPORTS (DMRS) SUBMITTED WHICH EXHIBITED THE DEFENDANT'S LACK OF COMPLIANCE WITH ITS DISCHARGE LIMITATIONS. ADDITIONALLY, THE EPA ON 5/13/89, INSPECTED THE DEFENDANT'S FACILITY WHICH UNCOVERED NUMEROUS VIOLATIONS. THIS INSPECTION AND THE NUMEROUS DMRS LED TO THE DECISION TO INITIATE ENFORCEMENT PROCEEDINGS. AN ORDER TO SHOW CAUSE WAS ISSUED BY EPA ON 2/9/90.

Defendants (2)

• AROCHEM INTERNATIONAL INCNamed in complaint
• AROCHEM CORP

Facilities (2)

• COMMONWEALTH OIL REFINING CO, INC

  RD 127, KM 15.0, TALLABOA WARD, PENUELAS, PR, 00624

  Registry ID: 110011576865

• COMMONWEALTH OIL REFINING CO, INC

  RD 127, KM 15.0, TALLABOA WARD, PENUELAS, PR, 00624

  Registry ID: 110011576865

Statutes cited

• CWA 402 — Clean Water Act

Timeline (7 milestones)

• 1990-02-09Enforcement Action Data Entered
• 1990-09-27PRN Sent
• 1991-08-29Referred To Dept Of Justice
• 1991-12-03Referred TO U.S. Attorney
• 1991-12-13Complaint Filed With Court
• 1995-06-27Concluded
• 1995-06-27Enforcement Action Closed