EPA v. CHEVRON USA INCORPORATED - EL SEGUNDO

Case summary

THE DEFENDANT IN THIS PROPOSED CIVIL ACTION IS CHEVRON, U.S.A., INC. (CHEVRON). CHEVRON OWNS AND OPERATES AN OIL REINERY IN EL SEGUNDO, CA. THE FACILITY DISCHARGES PROCESS WASTEWATER INTO THE PACIFIC OCEAN (SANTA MONICA BAY). THE DISCHARGE IS REGULATED BY NPDES PERMIT NO CA0000337. THE PERMIT WAS FIRST ISSUED BY THE CA. REGIONAL WATER QUALITY BOARD ON APRIL 21, 1975. THE REGIONAL BOARD LATER ISSUED AS WASTE DISCHARGE REQUIREMENTS ORDER NO. 77-102 ON JUNE 27, 1977 AND SUBSEQUENTLY AS ORDERS NO. 80-21 ON MAY 19, 1980 AND NO. 84-106 ON NOVEMBER 19, 1984. THE DISCHARGER HAS A HISTORY OF VIOLATIONS OVER THE PAST FIVE YEARS. BASED ON MONTHLY DISCHARGE MONITORING REPORTS (DMR'S) SUBMITTED BY THE FACILITY, LIMITS HAVE BEEN EXCEEDED APPROXIMATELY 880 TIMES DURING THIS 5 YEAR PERIOD. EXCESSES OCCURRED WITH BOD, PH, PHENOLS, CHROMIUM, OIL AND GREASE, AND PH. THESE VIOLATIONS ARE CAUSED BY INSUFFICIENT TREAT- MENT/STORAGE CAPACITY TO ALLOW FOR HIGH FLOWS DURING WET WEATHER, AND OVERLOADS DURING PERIODS REQUIRING RECYCLE OF OF HIGHLY CONTAMINATED WASTEWATER FOR ADDITIONAL TREATMENT. CHEVRON'S DISCHARGE HAS RESULTED IN HIGH ACID OR ALKALINE CONDITIONS AND POSSIBLE DEGRADATION OF THE RECEIVING WATERS. THE AREA OF DISCHARGE IS THE SOUTHERN CA BIGHT, WHICH ALSO RECEIVES WASTEWATER DISCHARGE FROM MUNICIPALITIES AND OTHER INDUSTRIES. THE CUMULATIVE IMPACT HAS RESULTED IN STRESSED WATERS. CHEVRON'S VIOLATIONS HAVE EXACERBATED THE STRESS AND HAVE CONTRIBUTED TO A CONDITION WHICH THREATENS THE ENVIRONMENT AND HUMAN HEALTH. CHEVRON'S ORIGINAL NPDES PERMIT (NPDES PERMIT NO. CA00337) ISSUED BY THE REGIONAL BOARD 4/21/75 WAS RESCINDED 6/27/77 AND REPLACED WITH THE WASTE DISCHARGE REQUIREMENTS CONTAINED IN ORDER NO 77-102. ON 5/19/80 THE REGIONAL BOARD ADOPTED 2 ADDITIONAL ORDERS: ORDER NO. 80-21 RESCINDED ORDER NO 77-102 PRESCRIBING NEW, REVISED WASTE DISCHARGE REQUIREMENTS FOR CHEVRON; ORDER NO 80-22, AN ENFORCEMENT ORDER, PROVIDED CHEVRON WITH A TIME SCHEDULE FOR COMPLIANCE WITH THE SUB- STANTIVE REQUIREMENTS CONTAINED IN ORDER NO. 80-21. ALTHOUGH ORDER NO. 80-21 EXPIRED ON 6/10/82, THE PERMIT REMAINED IN EFFECT BECAUSE CHEVRON SUBMITTED A TIMELY APPLI- CATION FOR A NEW PERMIT PURSUANT TO 23 CAL. ADMIN. CODE 2235.4 AND 40 CFR 122.21. ON 11/19/84, THE REG. BOARD RE- SCINDED ORDER NO. 80-21 (EXCEPT FOR PURPOSES OF ENFORCEMENT PROCEEDINGS AGST. CHEVRON) AND RENEWED CHEVRON'S SUBSTANTIVE PERMIT OBLIGATIONS WITH THE WASTE DISCHARGE REQUIREMENTS IN ORDER NO. 84-106 WHICH IS THE NPDES PERMIT UNDER WHICH CHEVRON CURRENTLY OPERATES. ORDER NO. 84-106 EXPIRES 11/10/89. 11/19/84 THE REGIONAL BOARD ISSUED A CEASE AND DESIST ORDER (ORDER NO. 84-121) BASED ON THE FOLLOWING VIOLATIONS: (I) INTERMITTENT VIOLATIONS OF EFFLUENT LIMITATION A-1 OF ORDER NO. 80-21, FROM 5/81 THROUGH 10/84. (II) INTERMITTENT VIOLATIONS OF LIMITS FOR PHENOLS CON- TAINED IN EFFLUENT LIMITATIONS A-1 OF ORDER NO. 80-21 SINCE 2/81. (III) INTERMITTENT VIOLATIONS OF LIMITS FOR OIL AND GREASE, AND PH CONTAINED IN EFFLUENT LIMITATIONS A-1 AND A-5 OF ORDER NO. 80-21, SINCE DECEMBER 1981. THE CDO ESTABLISHED 3 DIFFERENT DATES FOR FULL COMPLIANCE WITH REQUIREMENTS: FULL COMPLIANCE WITH DRY WEATHER CONDI- TIONS BY 12/1/84; FULL COMPLIANCE WITH BOD REQUIREMENTS BY 9/1/85; FULL COMPLIANCE WITH WET WEATHER REQUIREMENTS BY 2/1 /87. ON 12/18/84 CHEVRON APPEALED THE PORTION OF THE CDO REGARDING THE DRY WEATHER COMPLIANCE DATE VIA A PETITION TO THE CA STATE WATER RESOURCES BOARD. THE STATE BOARD DENIED THE PETITION 9/19/85. CHEVRON FAILED TO ACHIEVE COMPLIANCE WITH THE LIMITS FOR AMMONIA, BOD, PHENOLIC COMPUOUNDS,

Defendants (1)

• CHEVRON, USA, INC.Named in complaintNamed in settlement

Facilities (1)

• CHEVRON USA PRODUCTS COMPANY

  324 W. EL SEGUNDO BLVD., EL SEGUNDO, CA, 90245

  Registry ID: 110002899908

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CHEVRON USA INCentered 1988-01-27

  Primary law: CWA

  Federal penalty: $1,500,000

Timeline (7 milestones)

• 1986-02-21Referred To Headquarters
• 1986-03-20Referred To Dept Of Justice
• 1986-08-26Complaint Filed With Court
• 1988-01-27Final Order Lodged
• 1988-01-27Final Order Entered
• 1988-01-27Concluded
• 1989-07-27Enforcement Action Closed