EPA v. APEX ORCHARDS, INC.

Case summary

APEX ORCHARDS, INC. OPERATES AN ELECTRICITY PRODUCING, BIOMASS-FIRED BOILER LOCATED ON DRIVER ROAD, 1/4 MILE NORTH OF KIMBERLINA ROAD IN KERN COUNTY, CA. TESTS CONDUCTED BY CHEMECOLOGY CORPORATION ON OCTOBER 24 AND 25, 1985 SHOWED THAT THE BIOMASS-FIRED BOILER WAS EMITTING 538.7 TONS PER YEAR (TPY) OF CARBON MONOXIDE (C0). THIS AMOUNT IS MORE THAN TWICE AS MUCH CO THAN IS ALLOWED WITHOUT A PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT FROM EPA. APEX DOES NOT HAVE A PSD PERMIT. ON JULY 17, 1986, EPA SENT APEX A NOTICE OF VIOLATION(NOV) STATING THAT APEX HAD CONSTRUCTED AND WAS OPERATING THE FACILITY WITHOUT A PSD PERMIT IN VIOLATION OF THE CLEAN AIR ACT. THE ATTORNEY FOR APEX MET WITH EPA REGION 9 PERSONNEL ON AUGUST 13, 1986. HE DID NOT DISPUTE APEX'S VIOLATION AND SAID THAT APEX WANTED TO NEGOTIATE A SETTLEMENT. EPA INDICATED THAT AN APPROPRIATE SETTLEMENT WOULD BE A CONSENT DECREE REQUIRING APEX TO OBTAIN A PSD PERMIT, TO INSTALL APPROPRIATE AIR POLLUTION CONTROL EQUIPMENT AND TO PAY A SIGNIFICANT CASH PENALTY. ON AUGUST 21, 1986, EPA SENT A LETTER TO APEX THAT STATED THAT EPA WOULD KEEP SETTLEMENT NEGOTIATIONS OPEN FOR 30 DAYS AND WOULD SEND A DRAFT CONSENT DECREE TO APEX BY SEPTEMBER 6, 1986.

Defendants (3)

• APEX ORCHARDS, INC.Named in complaintNamed in settlement
• DEI-COAGRINamed in complaintNamed in settlement
• MOBIL OILNamed in complaintNamed in settlement

Facilities (1)

• APEX ORCHARD DRIVER RD BOILER

  DRIVER RD, BAKERSFIELD, CA, 93302

  Registry ID: 110010676250

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• APEX ORCHARDS, INC.entered 1988-05-29

  Primary law: CAA

  Federal penalty: $55,000

Timeline (7 milestones)

• 1986-09-09Referred To Dept Of Justice
• 1987-01-29Referred TO U.S. Attorney
• 1987-06-12Complaint Filed With Court
• 1988-05-29Final Order Lodged
• 1988-05-29Final Order Entered
• 1988-05-29Concluded
• 1993-07-15Enforcement Action Closed