EPA v. DIAZ REFINERY, INC.

Case summary

DATA SHEET: * DEFENDANT: DIAZ REFINERY, INC. OWNS AND OPERATES THE FACILITY LOCATED SOUTH OF VAN DYKE ROAD OFF US HIGHWAY 67. * VIOLATIONS: VIOLATION OF SECTION 301, OF THE ACT (33 USC 1311) WHICH PROHIBITS THE DISCHARGE OF POLLUTANTS INTO WATERS OF THE US BY ANY PERSON, EXCEPT THOSE DISCHARGES AUTHORIZED BY, AND IN ACCORDANCE WITH, A NPDES PERMIT ISSUED PURSUANT TO SEC- TION 402 OF THE ACT, 33 USC 1342. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE. APPROPRIATE INJUNCTIVE RELIEF AND CIVIL PENALTY IN THE AMOUNT OF $75,000. * ADDITIONAL FACTORS: STATE OF TEXAS HAS NOT BEEN AUTHORIZED TO ISSUE NPDES PER- MITS. * CASE SYNOPSIS: DIAZ REFINERY, INC., SUBMITTED AN APPLCATION FOR A NPDES PERMIT ON APRIL 28, 1982. PURSUANT TO THE AUTHORITY OF SECTION 402(A)(1) OF THE ACT, 33 USC 1342(A)(1), REGION VI ISSUED NPDES PERMIT NO. AR0039624 TO DIAZ REFINERY, INC., ON MARCH 18, 1983, WITH AN EFFECTIVE DATE OF MAY 4, 1983. * THE PERMIT LIMITS ARE BASED ON BPJ FOR TRADITIONAL TECHNO- LOGY FOR COMBINED STORMWATER AND COOLING WATER DISCHARGES. THE PERMIT LIMITS FOR ONE OUTFALL (OUTFALL 001) ARE AS FOLLOWS: * * * PARAMETER LIMIT SAMPLE FREQ SAMPLE TYPE FLOW REPORT MGD 1/DAY INST TOC 35 MG/L 2/MONTH GRAB OG 15 MG/L 2/MONTH GRAB PH 6-9 SU 2/MONTH GRAB * THE PERMIT AUTHORIZED THE DISCHARGE OF THESE QUALITIES AND QUANTITIES OF EFFLUENT TO VILLAGE CREEK IN THE WHITE RIVER BASIN. THE RECEIVING STREAM IS CLASSIFIED FOR WARMWATER FISHERIES, SECONDARY CONTACT RECREATION, PUBLIC WATER SUP- PLY, INDUSTRIAL WATER SUPPLY, AND AGRICULTURAL WATER SUPPLY. * DIAZ REFINERY DISCHARGES HAZARDOUS WASTE CONTAMINATED STORM- WATER, ALONG WITH CONTAMINATED COOLING WATER. THE TOXIC NATURE OF THE DISCHARGES POSES A POTENTIAL HEALTH HAZARD TO COMMUNITIES AND RURAL AREAS DOWNSTREAM OF THE FACILITY. THIS DISCHARGE ENTERS VILLAGE CREEK, THENCE TO THE WHITE RIVER WHICH IS A HIGH QUALITY STREAM. * DIAZ REFINERY SERIOUSLY NEGLECTED THE MONITORING REQUIRE- MENTS OF NPDES PERMIT NO. AR0039624 (EXHIBIT 1) FROM PERMIT ISSUANCE IN 1983 THROUGH DEC 1986. AS A RESULT, AO DKT NO. VI-85-103 (EXHIBIT 2) WAS ISSUED ON MAY 30, 1985. DIAZ REFINERY CONTINUED TO NEGLECT THEIR NPDES PERMIT MONITORING REQUIREMENTS, AND CONSEQUENTIALLY FAILED TO COMPLY WITH THE 1985 AO. PERMITTEE NEVER OFFICIALLY REPORTED TO THE EPA, THAT THEIR DISCHARGE CONTAINS PRIORITY POLLUTANTS. THIS IS A VIOLATION OF SECTION 307(A)(1) OF THE CWA. THIS REPORTING REQUIREMENT IS DESCRIBED IN PART II.A.5 OF THE PERMIT. OTHER VIOLATIONS INCLUDE 2

Defendants (1)

• DIAZ REFINERY, INC.Named in complaint

Facilities (1)

• DIAZ REFINERY COMPANY

  VAN DYKE & REVERE ROAD, DIAZ, AR, 72043

  Registry ID: 110043773716

Statutes cited

• CWA 402 — Clean Water Act
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CWA

Timeline (8 milestones)

• 1987-06-11Referred To Headquarters
• 1987-07-15Referred To Dept Of Justice
• 1988-03-21Complaint Filed With Court
• 1988-11-30Returned To Region
• 1989-03-31Final Order Lodged
• 1989-03-31Final Order Entered
• 1989-03-31Concluded
• 1989-03-31Enforcement Action Closed