EPA v. CONDEA VISTA COMPANY, A DELAWARE CORPORATION

Case summary

1. SECTIONS 309 AND 311(B)(7) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1319 AND 1321(B)(7). 2. CONDEA VISTA COMPANY, A DELAWARE CORPORATION 2201-A OLD SPANISH TRAIL WESTLAKE, CALCASIEU PARISH, LOUISIANA 70669 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) AND 311 OF THE CWA BY: 1) UNAUTHORIZED DISCHARGE OF A POLLUTANT - ETHYLENE DICHLORIDE (EDC); AND 2) DISCHARGES OF POLLU- TANTS IN EXCESS OF NPDES PERMITTED LIMITATIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 309 OF THE CWA, EPA RE- FERRED THIS DIRECT REFERRAL REQUESTING DOJ TO INITIATE A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE RELIEF AND OTHER RELIEF AGAINST THE VIOLATOR, CONDEA VISTA COMPANY. THE RESPONDENT HAS OFFERED TO SETTLE THE VIOLATIONS CITED BY PAYMENT OF A CIVIL PENALTY IN THE AMOUNT OF $575,000. THE PROPOSED BOTTOM LINE CIVIL PENALTY IS $94,000. 5. ENVIRONMENTAL JUSTICES ISSUES: AN ENVIRONMENTAL JUSTICE COMPUTER ANALYSIS REVEALS ENVIRONMENTAL JUSTICE (EJ) IS- SUES. THE EJ INDEX REPORTS THAT THE 16.7% PER 50 SQUARE MILES IS OF MINORITY POPULATION, AND THAT 24.1% PER 50 SQUARE MILES IS ECONOMICALLY STRESSED. THE EJ INDEX IS 12 ON THE SCALE OF 1-100, WITH 100 AS THE MOST STRESSED.

Defendants (1)

• CONDEA VISTA COMPANYNamed in complaintNamed in settlement

Facilities (4)

• CONDEA VISTA COMPANY LAKE CHARLES CHEMICAL COMPLEX

  2201 OLD SPANISH TRAIL, WESTLAKE, LA, 70669

  Registry ID: 110017418061

• CONDEA VISTA COMPANY LAKE CHARLES CHEMICAL COMPLEX

  2201 OLD SPANISH TRAIL, WESTLAKE, LA, 70669

  Registry ID: 110017418061

• CONDEA VISTA COMPANY LAKE CHARLES CHEMICAL COMPLEX

  2201 OLD SPANISH TRAIL, WESTLAKE, LA, 70669

  Registry ID: 110017418061

• CONDEA VISTA COMPANY LAKE CHARLES CHEMICAL COMPLEX

  2201 OLD SPANISH TRAIL, WESTLAKE, LA, 70669

  Registry ID: 110017418061

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• CONDEA VISTA COMPANYentered 2000-09-01

  Primary law: CWA

  Federal penalty: $630,000

Timeline (6 milestones)

• 2000-02-29Referred To Dept Of Justice
• 2000-05-10Enforcement Action Data Entered
• 2000-09-01Final Order Lodged
• 2000-09-01Final Order Entered
• 2000-09-01Complaint Filed With Court
• 2000-09-14Concluded