EPA v. SUGAR CORP, SOUTH WEST FUEL ET AL

Case summary

SURAR CORP & ESCABI-TRABAL STORED USED OIL IN TANK # 5, AT THE GUANICA MILL FACILITY. SWT ILLEGALLY TRANSPORTED USED OIL FROM PRUOC TO THIS FACILITY. SUGAR COPR. & SWF FAILED TO COMPLY W/ THE PART 279 REQUIREMENTS. AFTER A SPILL & A CRIMINAL INVERSTIGATION & PLEA, SWF, IN VIOLATION OF ITS PLEA, SENT THE USED OIL TO EMS. THE OIL WAS TRANSPORTED TO EMS IN VIOLATION OF PART 279. ON 6/27/95, OIL BEING ILLE- GALLY STORED AT THAT FACILITY WAS RELEASED TO WATERS OF THE COMMONWEALTH. REFERRAL SEEKS DIST. CT. ORDER ASSESSING A PENALTY FOR THE VIOLATIONS. * REFERRED TO DOJ ON 9/27/95 FACILITY NAME: SUGAR CORPORATION, GUANICA MILL FACILITY CITY & ST: GUANICA, PR 00653 **COMPLIANT FILED: 5/10/96 (SIX (6) DEFENDANTS NAMED) ***PARTIAL CD ENTERED 9/27/96 PENALTY OF $250,000 + INTEREST REC'D LTR DATED 1/13/97 $'S REC'D -#74458 (TO PART CD FILE). *DEFAULT JUDGMENT ORDERED ENTERED 4/2/97 ($'S DUE 1YR FROM THE DATE ORDER ENTERED UNLESS OTHERWISE ORDERED BY COURT. CCDS: This was a case seeking penalties for the illegal stroage and discharge of use oil into the Guanical Bay. Following the release of the oil, all used oil that was still remaining in Tank No.5 was removed and the Coast Guard Oversaw the clean-up of the oil that had been released to the Guanica Bay. The EPA component settled for $325,813.62 based upon the transportation to and storage of used oil in Tank No.5 at the Corporation Azucara's Guanica Mill Facility. The Coast Guard subsequently brought a separate cost recovery action and obtained $149,186.38 for the costs it incurred in cleaning up the approximately 250,000 gallons of used oil that was released from Tank no. 5 to the Guanica Bay. Both cases were combined for the purposes of settlement and a settlement in the amount of $475,000 was obtained with approximately $3255,813.62 of that amount credited to the RCRA action and the remaining to the separate Coast Guard action.

Defendants (7)

• SUGAR CORPORATION
• CORPORACION AZUCARERA PRNamed in complaintNamed in settlement
• ENVIRONMENTAL MANAGEMENT SERVICES INCNamed in complaintNamed in settlement
• ESCABI-TRABAL, HUMBERTONamed in complaintNamed in settlement
• PUERTO RICO USED OIL COLLECTORS INCNamed in complaintNamed in settlement
• SOUTH-WEST TRADING CONamed in complaintNamed in settlement
• SOUTHWEST FUEL INCNamed in complaintNamed in settlement

Facilities (2)

• CORPORACION AZUCARERA DE PUERTO RICO

  GUANICA MILL, GUANICA, PR, 00653

  Registry ID: 110010610794

• GUANICA SUGAR MILL

  RD 325 ENSENADA WARD, GUANICA, PR, 00653

  Registry ID: 110022328694

Statutes cited

• RCRA OTHER — Violations not covered elsewhere
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (4)

• CORPORACION AZUCARERA DE PUERTO RICO, ET ALentered 1997-12-15

  Primary law: RCRA

  Federal penalty: $5,000

• CORPORACION AZUCAREAR DE PRentered 1996-09-27

  Primary law: RCRA

  Federal penalty: $250,000

• CORPORACION AZUCARERA DE PUERTO RICO ET ALentered 1997-04-02

  Primary law: RCRA

  Federal penalty: $3,736,000

• Corporacion Azucarera De Puerto Rico, et alentered 2005-01-25

  Primary law: RCRA

  Federal penalty: $325,814

Timeline (7 milestones)

• 1995-09-11Enforcement Action Data Entered
• 1995-09-29Referred To Dept Of Justice
• 1996-05-10Complaint Filed With Court
• 1997-05-05Referred for Debt Collection
• 2005-01-25Final Order Lodged
• 2005-01-25Final Order Entered
• 2005-01-25Enforcement Action Closed