EPA v. AROCHEM INTERNATIONAL, INC

Case summary

THIS REFERRAL RECOMMENDS THAT A CLAIM BE FILED WITH THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF CONNECTICUT (BANKRUPTCY COURT) IN THE CHAPTER 7 OF THE BANKRUPTCY CODE (11 U.S.C. SECTION 101) PROCEEDING. THE CLAIM RELATES TO RECOVERY TO SUCH CIVIL PENALTIES AND COSTS AS MAY ARISE FROM THE CIVIL JUDICIAL ACTION FILED AGAINST THE COMPANY ON DECEMBER 13, 1991, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. IN THAT ACTION, UNITED STATES VS. AROCHEM INTERNATIONAL, INC., CIV NO. 91-2549-CC, INITIATED PURSUANT TO SECTION 309 OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1319, THE GOVERNMENT HAS ALLEGED THAT AROCHEM VIOLATED SECTION 402 OF THE ACT, DURING THE PERIOD OF 1988 TO 1992. A CONSENT DECREE BE- TWEEN AROCHEM AND THE UNITED STATES WAS FILED CONTEMPOR- ANEOUSLY WITH THE COMPLAINT. THE INTERVENING BANKRUPTCY ACTION HAS PREVENTED THE COURT FROM TIMELY ENTERING THIS DECREE. AROCHEM HAS NOT OPERATED AT ITS PENUELAS SITE SINCE ITS CREDITORS FILED INVOLUNTARY PETITIONS FOR RELIEF PURSUANT TO CHAPTER 11 OF THE BANKRUPCTY CODE ON FEBRUARY 14, 1992. ON AUGUST 7, 1992, AROCHEM AND ITS CREDITORS FILED AN ORDER IN THE BANKRUPTCY COURT CONVERTING THE AROCHEM CASES FROM CASES UNDER CHAPTER 11 OF THE BANKRUPTCY CODE TO CASES UNDER CHAPTER 7 OF THE BANKRUPTCY CODE. THE ENVIRONMENTAL VIOLATIONS ALLEGED IN THE CIVIL JUDICIAL ACTION BEGAN PRE-PETITION. * FACILITY: AROCHEM INTERNATIONAL PETROCHEMICAL COMPLEX HWY #127 KM 18 HM O TALLABOA PENUELAS, PR 00624

Defendants (1)

• AROCHEM INTERNATIONAL, INCNamed in complaintNamed in settlement

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 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AROCHEM INTERNATIONAL, INCentered 1995-07-19

  Primary law: CWA

  Federal penalty: $615,000

Timeline (7 milestones)

• 1992-09-25Enforcement Action Data Entered
• 1992-09-25Referred To Dept Of Justice
• 1992-12-13Complaint Filed With Court
• 1995-07-19Final Order Lodged
• 1995-07-19Final Order Entered
• 1995-07-19Concluded
• 2000-01-31Enforcement Action Closed