EPA v. CITIES SERVICE

Case summary

NATURE OF CASE: THIS IS A CIVIL ACTION AGAINST CITIES SERVICE CO, LAKE CHARLES, LA, FOR VIOLATION OF SEC 301(A) OF THE CLEAR WATER ACT, 33USC SEC 1311(A). CITIES SERVICE OWNS & OPERATES AN OIL REFINERY & PETROCHEMICAL COMPLEX. THE SUIT SEEKS RELIEF FOR NPDES PERMIT VIOLATIONS OCCURRING AT THE FACILITY FROM 8/81 TO THE PRESENT. (THE STATE OF LA HAS INDICATED THAT IT WILL SEEK PLTY'S FOR VIOL'S THAT OCCURRED PRIOR TO THAT DATE). CITIES SERVICE OPERATES THE FACILITY UNDER THE TERMS OF NPDES PERMIT LA0005941, WHICH EXPIRED ON 11/27/79, BUT AS A RESULT OF A TIMELY PERMIT RENEWAL APPLICATION HAS BEEN ADMINISTATIVELY EXTENDED PURSUANT TO 40 CFR SEC 122.5 & USC SEC 558(C). CITIES SERVICES HAS A POOR RECORD OF COMPLIANCE W/ITS PERMIT. NUMEROUS VIOL'S SINCE 1978 HAVE RESULTED IN 6 ADMINISTRA- TIVE ORDERS BEING ISSUED BY REGN 6 AS INFORMAL MEASURES TO OBTAIN COMPLIANCE. THESE ADMINISTRATIVE ACTIONS HAVE HAD NO DISCERNIBLE EFFECT ON THE PROBLEM AT THE FACILITY. A TALLY OF THE NPDES VIOL'S LISTED IN THE LITIGATION REPORT SINCE 8/81 REVEAL 392 DAILY MAXIMUM & PH VIOL'S & 38 MONTHLY AVE VIOL'S, AS WELL AS SEVERAL BYPASSING VIOL'S. PERMIT VIOL'S ARE USUALLY FOR PHENOLS, SULFIDES, OIL & GREASE, AMMONIA, PH, BIOLOGICAL OXYGEN DEMAND(BOD), TOTAL ORGANIC CARBON(TOC), & TOTAL SUSPENDED SOLIDS(TSS). THERE IS ALSO SOME EVIDENCE THAT A BYPASS AT THE FACILITY RESULTED IN A FISH KILL NEARBY. PROPOSED REMEDY: THE AGENCY SHOULD FILE A CIVIL ACTION AGAINST CITIES SERVICE SEEKING CIVIL PLTY'S & INJUNCTIVE RELIEF REQUIS- ITE TO BRING THE CO INTO COMPLIANCE W/ITS PERMIT. CITIES SERVICE HAS ALREADY RETAINED A CONSULTANT TO STUDY CER- TAIN LIMITED PROBLEM AREAS AT THE FACILITY. IT IS POSS- IBLE THAT THROUGH THE INITIATION OF THIS LITIGATION, WE MAY HAVE THE DEF ORDERED TO EXPAND THE SCOPE OF THIS STUDY & IMPLEMENT THE REMEDIAL MEASURES THAT EPA DEEMS APPROPRIATE TO IMPROVE THE TOTAL COMPLIANCE PICTURE AT THE FACILITY. CITIES SERVICE SHOULD BE PLACED ON AN EXPEDITED SCHEDOF COMLPIANCE & STIPULATED PLTY'S FOR SCHED DELAYS AS WELL AS EFFLUENT VIOL'S AFTER THE OPERA- TIONAL DEADLINE SHOULD ALSO BE IMPOSED AS INCENTIVES FOR COMLPIANCE. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: THIS CASE PRESENTS NO ISSUES OF EXTRAORDINARY SIGN- IFICANCE.

Defendants (1)

• CITIES SERVICENamed in complaintNamed in settlement

Facilities (6)

• CITGO PETROLEUM CORPORATION

  4401 HWY. 108, LAKE CHARLES, LA, 70601

  Registry ID: 110000597248

• CITGO PETROLEUM CORPORATION

  4401 HWY. 108, LAKE CHARLES, LA, 70601

  Registry ID: 110000597248

• CITGO PETROLEUM CORPORATION

  4401 HWY. 108, LAKE CHARLES, LA, 70601

  Registry ID: 110000597248

• CITGO PETROLEUM CORPORATION

  4401 HWY. 108, LAKE CHARLES, LA, 70601

  Registry ID: 110000597248

• CITGO PETROLEUM CORPORATION

  4401 HWY. 108, LAKE CHARLES, LA, 70601

  Registry ID: 110000597248

• CITGO PETROLEUM CORPORATION

  4401 HWY. 108, LAKE CHARLES, LA, 70601

  Registry ID: 110000597248

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CITIES SERVICE COMPANYentered 1983-07-25

  Primary law: CWA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1982-04-01Referred To Headquarters
• 1982-07-13Referred To Dept Of Justice
• 1983-05-27Complaint Filed With Court
• 1983-07-25Final Order Lodged
• 1983-07-25Final Order Entered
• 1983-07-25Concluded
• 1983-07-25Enforcement Action Closed