EPA v. VALERO TERRESTRIAL CORPORATION

Case summary

ON MARCH 31, 2004, THE REGIONAL ADMINISTRATOR SIGNED A REFERRAL TO THE DEPARTMENT OF JUSTICE ( DOJ ) REQUESTING THAT DOJ FILE A COMPLAINT SEEKING INJUNCTIVE AND MONETARY RELIEF AGAINST A VALERO TERRESTRIAL CORPORATION ( VALERO ) FOR VIOLATIONS OF THE CLEAN AIR ACT AT VALERO'S MUNICIPAL SOLID WASTE LANDFILL IN COLLIERS, WEST VIRGINIA. AFTER AN APRIL 2003 INSPECTION, EPA FOUND THE FOLLOWING VIOLATIONS BY VALERO; FAILURE TO INSTALL AN CTIVE LANDFILL GAS COLLECTION AND CONTROL SYSTEM; FAILURE TO SUBMIT A COMPLETE LANDFILL GAS COLLECTION AND CONTROL DESIGN PLAN AS REQUIRED BY THE TITLE V OPERATING PERMIT; FAILURE TO SUBMIT A GAS COLLECTION AND CONTROL DESIGN PLAN FOR THE PASSIVE GAS COLLECTION SYSTEM; FAILURE TO INSTALL LINERS IN ALL AREAS IN WHICH GAS IS COLLECTED FOR THE PASSIVE GAS COLLECTION SYSTEM; FAILURE TO PERFORM SURFACE MONITORING; FAILURE TO DEVELOP A SURFACE MONITORING PLAN; FAILURE TO INSTALL FLARES FOR DETECTING A CONTINUOUS FLAME AND A DEVICE TO RECORD GAS FLOW; AND FAILURE TO CONDUCT AN INITIAL PERFORMANCE TEST.

Defendants (1)

• VALERO TERRESTRIAL CORPNamed in complaintNamed in settlement

Facilities (1)

• BROOKE CNTY LDFL

  RD # 2, BOX 410, COLLIERS, WV, 26035

  Registry ID: 110072152637

Statutes cited

• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• VALERO TERRESTRIAL CORPORATIONentered 2006-08-07

  Primary law: CAA

  Federal penalty: $300,000

Timeline (6 milestones)

• 2004-03-31Referred To Dept Of Justice
• 2004-04-01Enforcement Action Data Entered
• 2006-04-17Final Order Lodged
• 2006-04-17Complaint Filed With Court
• 2006-08-07Final Order Entered
• 2008-08-18Enforcement Action Closed