EPA v. MOTIVA ENTERPRISES LLC

Case summary

ON AUGUST 1, 2001, EPA ORDERED MOTIVA ENTERPRISES TO TAKE SEVERAL STEPS TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT FROM A SULFURIC ACID SPILL RESULTING FROM A JULY 17, 2001 FIRE AT MOTIVA'S DELAWARE CITY REFINERY. THE UNILATERAL CERCLA ORDER, ISSUED AFTER CONSULTATION WITH THE DELAWARE DEPARTMENT OF NATURAL RESOURCES, REQUIRES MOTIVA TO PROPERLY DRAIN THE RAMINING SULFURIC ACID FROM TANKS NEAR THE FIRE LOCATION, TO MONITOR WASTEWATER FOR SULFURIC ACID DISCHARGES, AND TO PROVIDE EPA WITH A CURRENT INVENTORY OF ALL TANKS AT THE REFINERY AND THEIR CONTENTS. EPA ALSO ORDER MOTIVAL TO IMPLEMENT SEVERAL LONG-TERM MEASURES, INCLUDING A DETAILED STUDY OF THE EXTENT OF CONTAMINATION FROM THE RELEASE, REMOVAL AND/OR TREATMENT OF CONTAMINATED SOIL, AND A RIGOROUS TANK INSPECTION AND REPAIR PROGRAM. THE JULY 17 EXPLOSION AND FIRE - WHICH INJURED EIGHT WORKERS AND LEFT ONE WORKER STILL UNACCOUNTED FOR - DESTROYED ONE OF SIX SULFURIC ACID STORAGE TANKS IN A CONTAMINAMENT AREA IN THE NORTHWESTERN PORTION OF REFINERY. ADJACENT SULFURIC ACID TANKS WERE DAMAGED, AND TWO TANKS LEAKED ACID OUT OF THE CONTAINMENT AREA AROUND THE TANK, PASSING THROUGH A SEWAGE PLANT AND INTO THE DELAWARE RIVER, KILLING AN ESTIMATED 2,400 FISH AND 240 BLUE CRABS.

Defendants (1)

• MOTIVA ENTERPRISES LLCNamed in complaintNamed in settlement

Facilities (8)

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

• STAR ENTERPRISE

  2000 WRANGLE HILL ROAD, DELAWARE CITY, DE, 19706

  Registry ID: 110001148598

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MOTIVA ENTERPRISES LLCentered 2001-08-01

  Primary law: CERCLA

Timeline (3 milestones)

• 2001-08-01Complaint Filed/Proposed Order
• 2001-08-01Final Order Issued
• 2001-08-02Enforcement Action Data Entered