EPA v. CLARK OIL

Case summary

CLARK OIL OPERATES A REFINERY IN GARYVILLE, LA. THE FACILITY HAS A NPDES PERMIT (# LA0051993), ISSUED BY REG VI. CLARK OIL HAS A LONG HISTORY OF SERIOUS EFFLUENT VIOLATIONS FOR VIRTUALLY EVERY LIMIT CONTAINED IN THE PERMIT. THESE VIOLATIONS HAVE BEEN THE SUBJECT OF ADMINISTRATIVE ENFORCE- MENT ACTIONS BY BOTH THE EPA AND THE STATE OF LA. A 1982 ADMIN ORDER AND ACCOMPANYING $45,000 PENALTY ASSESSMENT WAS ISSUED BY THE LA. STREAMCONTROL COMMISSION. IT ORDERED CLARK TO INSTALL ADDITIONAL WASTEWATER TREATMENT FACILITIES AT THE REFINERY. WHILE CONSTRUCTION OF THESE FACILITIES WAS ONGOING, THE CO. WAS FAILING TO MEET ITS EFFLUENT LIMIT- ATIONS. NEAR THE COMPLETION OF CONSTRUCTION IN JAN. 1983, AND CONTINUING UNTIL MAY 1983, CLARK OIL VIOLATED EFFLUENT PARAMETERS FOR ROD, TSS, COD, OIL & GREASE, PHENOL, AMONIA, AND SULFIDE. THESE VIOLATIONS ARE THE BASIS OF THIS ACTION. CLARK HAS A HISTORY OF SERIOUS EFFLUENT VIOLATIONS. THE COMPANY HAS FAILED TO OPERATE ITS PLANT IN SUCH A MANNER AS TO FORSEE & AVERT THE PROBLEMS WHICH LED TO THE VIOLATIONS. CLARK HAS ATTEMPTED TO RESPOND TO THESE PROBLEMS, BUT ONLY AFTER THEY HAVE DEVELOPED, AND EVEN THEN, NOT IN THE MOST EXPEDITIOUS OR SATISFACTORY MANNER. TO THIS POINT, CLARK HAS BEEN UNABLE TO UNWILLING TO PROVIDE ANY FIRM ASSURANCES THAT EFFLUENT VIOLATIONS WILL NOT CONTINUE. THE PLANT IS CURRENTLY SHUT DOWN, DUE TO THE UNFAVORABLE MARKET CONDITIONS IN THE AREA. IT IS ANTICIPATED THAT THE REFINERY WILL RESUME OPERATIONS AT SOME POINT DURING THE YEAR; HOWEVER, IT IS NOT KNOWN HOW LONG THEY WILL OPERATE, OR AT WHAT LEVEL OF CAPACITY. THE VIOLATIONS ARE NOT KNOWN TO HAVE HAD ACTUAL ADVERSE HUMAN HEALTH EFFECTS. THE DISCHARGE OF EXCESS LEVELS OF PHENOLS BY THE CO., HOWEVER, MAY POSE A POTENTIAL HEALTH RISK WHEN INTRODUCED TO A DRINKING WATER SUPPLY.

Defendants (1)

• CLARK OIL CO.Named in complaintNamed in settlement

Facilities (1)

• MT AIRY TERMINAL INC

  HWY 44 3 M S GRAMERCY, MOUNT AIRY, LA, 70076

  Registry ID: 110006020607

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 402 — Clean Water Act

Enforcement conclusions (1)

• CLARK OIL & REFINING CORP.entered 1985-05-17

  Primary law: CWA

  Federal penalty: $90,000

Timeline (8 milestones)

• 1984-02-23Referred To Headquarters
• 1984-03-20Referred To Dept Of Justice
• 1984-05-09Referred TO U.S. Attorney
• 1984-05-15Complaint Filed With Court
• 1985-05-17Final Order Lodged
• 1985-05-17Final Order Entered
• 1985-05-17Concluded
• 1985-05-17Enforcement Action Closed