EPA v. WITCO CORPORATION

Case summary

WITCO GOLDEN BEAR REFINERY OWNS AND OPERATES AN OIL REFINERY IN OILDALE, CALIFORNIA. WITCO HAS DISPOSED OF VARIOUS WASTES INTO THREE SHALLOW (14 TO 22 FEET DEEP) AND TWO DEEP (2600 TO 2900 FEET DEEP) INJECTION WELLS. WITCO USES THE SHALLOW WELLS TO DISPOSE OF WASTE OIL THAT SPILLS FROM STORAGE TANKS. WITCO USES THE DEEP WELLS TO DISPOSE OF A LARGE VOLUME OF REFINERY WASTES AND A RELATIVELY SMALL AMOUNT OF SPENT SOLVENTS (E.G. TOULUENE) USED TO CLEAN LAB EQUIPMENT. WITCO'S DISPOSAL OF OIL WASTE INTO THE SHALLOW WELLS IS ENDANGERING AN UNDERGROUND SOURCE OF DRINKING WATER ( USDW ) IN VIOLATION OF THE SAFE DRINKING WATER ACT (SDWA) AND THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). THERE IS A SHALLOW ACQUIFER LOCATED ABOUT 40 FEET BENEATH THE SURFACE UNDERLYING WITCO'S REFINERY AND EXTENDING THROUGHOUT THE REGION. NOTABLY, FOUR DRINKING WATER WELLS LOCATED WITHIN ONE MILE OF THE REFINERY THAT TAP INTO THIS ACQUIFER HAVE BEEN ABANDONED DUE TO OIL CONTAMINATION. WITCO MIGHT BE CONTRIBUTING TO THE CONTAMINATION OF THESE WELLS. EVEN IF WITCO'S OPERATIONS HAVE NOT ACTUALLY CONTAMINATED THESE WELLS, THEY HAVE RISKED CONTAMINATION OF THE ACQUIFER UNDERLYING THE REFINERY. WITCO'S DISPOSAL OF SPENT SOLVENTS AND REFINERY WASTES INTO THE DEEP WELLS VIOLATES THE SDWA'S BAN ON OPERATION OF CLASS IV WELLS. A CLASS IV WELL IS A WELL USED TO INJECT HAZARDOUS WASTES INTO OR ABOVE THE LOWERMOST USDW LOCATED BENEATH THE WELL. WITCO VIOLATES THE BAN ON OPERATION OF SUCH WELLS BECAUSE, (1), WITCO'S DEEP WELLS INJECT INTO A USDW. (2), WITCO INJECTS A WASTE STREAM THAT CONTAINS SPENT SOLVENTS. THESE SPENT SOLVENTS ARE LISTED HAZARDOUS WASTES UNDER RCRA. BY ADDING THESE SOLVENTS TO THE REFINERY WASTES THAT WITCO INJECTS INTO THESE WELLS, WITCO MAKES THE ENTIRE INJECTATE PLACED INTO THE WELLS HAZARDOUS WASTE. (3), AFTER EPA'S TCLP RULE BECOMES EFFECTIVE ON SEPTEMBER 25, 1990, WITCO'S REFINERY WASTE STREAM WILL ITSELF BE RCRA HAZARDOUS WASTE DUE TO ITS EXCESSIVE BENZENE CONTENT. WITCO IS ALSO ENDANGERING A USDW IN VIOLATION OF THE SDWA AND RCRA BY ALLOWING POOLS OF OIL TO COLLECT AND REMAIN STANDING ON UNLINED EARTH CHANNELS AND PITS. THIS PRACTICE RISKS PERCOLATION OF OIL CONTAMINANTS INTO THE SHALLOW AQUIFER UNDERLYING THE REFINERY.

Defendants (2)

• WITCO CORPORATIONNamed in complaintNamed in settlement
• Catalyst Golden Bear Cogeneration PartnershipNamed in complaintNamed in settlement

Facilities (2)

• WITCO CORPORATION

  1134 MANOR STREET, BAKERSFIELD, CA, 93308

  Registry ID: 110017407153

• WITCO CORPORATION

  1134 MANOR STREET, BAKERSFIELD, CA, 93308

  Registry ID: 110017407153

Statutes cited

• SDWA 1431 — Emergency Powers
• SDWA 1423 — Safe Drinking Water Act

Enforcement conclusions (1)

• WITCO CORPORATIONentered 1995-06-07

  Primary law: SDWA

  Federal penalty: $700,000

Timeline (8 milestones)

• 1990-06-01Enforcement Action Data Entered
• 1990-09-28Referred To Headquarters
• 1992-01-13Referred To Dept Of Justice
• 1992-10-21Complaint Filed With Court
• 1995-06-07Final Order Entered
• 1995-06-07Concluded
• 1995-06-07Final Order Lodged
• 2006-08-14Demand for Stipulated Penalties