EPA v. Shell Chemical Yabucoa

Case summary

Violations of the Clean Water Act and NPDES permits at its petro-chemical plant in Yabucoa, PR. The violations include: upermitted discharges into Yabucoa Baya and Santiago Creek; unauthorized discharges of contaminated waste water from a storm-water-only outfall; exceeding the effluent limitation for Selenium; failure to adequately operate and maintain the plans and related appurtenances; failure to timely complete certain studies related to the authorized mixing zone in Yabucoa Bay. Request injunctive relief for construction and studies (as required by permit) and cash penalty. On February 8, 2008, an additional 47 effluent violations were added since initial filing. The settlement contains civil penalty, plus injunctive relief appropriate for the Defendant's cessation of production operations as of July 2008. However, there is additional injunctive relief that will be required if the Defendant (or a subsequent owner) starts up production operations in the future.

Defendants (1)

• Shell Chemical Yabucoa, Inc.Named in complaintNamed in settlement

Facilities (2)

• SHELL CHEMICAL YABUCOA, INC.

  STATE RD 901, KM 2., CAMINO NUEVO WARD, YABUCOA, PR, 007670186

  Registry ID: 110000580915

• SHELL CHEMICAL YABUCOA, INC.

  STATE RD 901, KM 2., CAMINO NUEVO WARD, YABUCOA, PR, 007670186

  Registry ID: 110000580915

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• Shell Chemical Yabucoaentered 2009-05-11

  Primary law: CWA

  Federal penalty: $1,025,000

Timeline (8 milestones)

• 2004-09-24Referred To Dept Of Justice
• 2004-09-29Enforcement Action Data Entered
• 2008-02-20Supplemental Referral-Adding parties, counts
• 2009-01-12Final Order Lodged
• 2009-01-12Complaint Filed With Court
• 2009-05-11Concluded
• 2009-05-11Final Order Entered
• 2015-04-16Enforcement Action Closed