EPA v. Caribbean Petroleum Refining, LP

Case summary

REQUESTING DOJ TO FILE A PROOF OF CLAIM FOR PRE AND POST PETITION PENALTIES AND AN ADMINISTRATIVE EXPENSE CLAIM RE: EXISTING PRN CARIBBEAN PETROLEUM, CORP. (CPC, CWA / DOCKET CASE NUMBER 02-1993-0046 (NO SETTLEMENT HAS BEEN REACHED IN THIS CASE BEFORE CPF FILED FOR BANKRUPTCY). CPC IS NOW KNOW AS CARIBBEAN PETROLEUM, REFINERY LP (CPR). RCRA 3005 count added to collect pre-petition penalties related to subtitle C RCRA action in which the complaint was filed in February 1999 (case number 02-1993-0096.) Added RCRA 9003 count to bankruptcy referral for collection of pre-petition penalties relating to Subtitle I, underground storage tanks, which were alleged in a 2/99 complaint. See previous judicial case 02-1993-0153. Added RCRA 3008H count to the protective Proof of Claim for an Administrative Order on Consent issued to CPR in 1995. The Order requires interim measures and a facility investigation, but no corrective measures. CPR filed for bankruptcy in December 2001 (see case number 02-1996-0003 - Index Number II-RCRA-95-3008-0303, issued 10/12/95). Entered by the court March 13, 2003. A stipulation resolving bankruptcy claims brought against Caribbean Petroleum. In 12/01 CPR filed for bankruptcy under Chapter 11. The U.S. Filed proofs of claim based on its existing judicial case for alleged violations fo the Clean Water Act and the Resource Conservation and Recovery Act. A separate Consent decree will resolve the injunctive relief portion of the litigation (in the current active judicial enforcement case in which a complaint was filed (pre-bankruptcy)).

Defendants (5)

• CARIBBEAN PETROLEUM REFINING LPNamed in complaintNamed in settlement
• Carribean Petroleum CorporationNamed in complaintNamed in settlement
• Caribbean Petroleum LPNamed in settlement
• Caribbean Oil LPNamed in settlement
• Gulf Petroleum (Puerto Rico) CorporationNamed in settlement

Facilities (3)

• CARIBBEAN PETROLEUM REFINERY -FKA CPC

  CARR 28 KM 2 URB IND LUCHETTI, BAYAMON, PR, 00961

  Registry ID: 110008471956

• CARIBBEAN PETROLEUM REFINERY -FKA CPC

  CARR 28 KM 2 URB IND LUCHETTI, BAYAMON, PR, 00961

  Registry ID: 110008471956

• CARIBBEAN PETROLEUM REFINERY -FKA CPC

  CARR 28 KM 2 URB IND LUCHETTI, BAYAMON, PR, 00961

  Registry ID: 110008471956

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Caribbean Petroleum LPentered 2003-03-13

  Primary law: CWA

  Federal penalty: $1,300,000

Timeline (8 milestones)

• 2002-02-26Referred To Dept Of Justice
• 2002-03-01Enforcement Action Data Entered
• 2002-03-01Supplemental Referral-Other
• 2002-09-30Complaint Filed With Court
• 2003-03-13Concluded
• 2003-03-13Final Order Entered
• 2003-03-13Final Order Lodged
• 2007-05-22Enforcement Action Closed