EPA v. LUNDAY-THAGARD COMPANY, INC.

Case summary

LUNDAY-THAGARD MANUFACTURES ROAD-GRADE AND ROOFING GRADE ASPHALT AT ITS SOUTH GATE, CALIFORNIA, OIL REFINERY. ALTHOUGH FROM 1983 TO 1992 THE FACILITY CONSISTED OF AN ASPHALT MANUFACTURING PLANT, A PAPER MILL, AND A ROOFING MATERIALS PLANT. SUBSEQUENTLY, LUNDAY-THAGARD CLOSED THE PAPER MILL AND SOLD THE ROOFING MATERIALS PLANT TO IN-NOVATE. THROUGH A SINGLE CONNECTION, LUNDAY-THAGARD DISCHARGES INTO THE SEWERS A COMBINED AVERAGE OF ABOUT 40,000 GALLONS PER DAY OF TREATED INDUSTRIAL WASTEWATER FROM ITS ASPHALT PLANT IN IN-NOVATE'S ROOFING MATERIALS PLANT. THE WASTEWATER IS THEN CONVEYED THROUGH THE SEWERS TO THE COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY'S SEWAGE TREATMENT PLANT FOR TREATMENT AND DISPOSAL INTO THE SANTA MONICA BAY. ALL FACILITIES THAT DISCHARGE INDUSTRIAL WASTEWATER TO SEWAGE TREATMENT PLANTS ARE REQUIRED TO COMPLY WITH LOCAL LIMITS DESIGNED TO PROTECT THOSE TREATMENT PLANTS. SINCE MARCH 23, 1980, ALL EXISTING PETROLEUM REFINERIES THAT DISCHARGE TO SEWAGE TREATMENT PLANTS HAVE BEEN REQUIRED TO COMPLY WITH THE CATEGORICAL PRETREATMENT STANDARDS GOVERNING THE CHARACTER OF THEIR INDUSTRIAL WASTEWATER. IN ADDITION, ALL FACILITIES THAT ARE SUBJECT TO A CATEGORICAL PRETREATMENT STANDARD MUST SUBMIT SEMIANNUAL SELF-MONITORING REPORTS TO THE CONTROL AUTHORITY. SINCE AUGUST 1989, LUNDAY-THAGARD HAS VIOLATED BOTH THE APPLICABLE FEDERAL CATEGORICAL PRETREATMENT STANDARDS AND THE LOCAL LIMITS GOVERNING ITS WASTEWATER QUALITY, RESULTING IN AT LEAST 88 DAYS OF VIOLATION AND DISCHARGE OF AN ESTIMATED 60,000 POUNDS OF OIL AND GREASE AND 12,000 POUNDS OF AMMONIA IN EXCESS OF WHAT THESE STANDARDS ALLOW. IN ADDITION, LUNDAY-THAGARD FAILED ON TWO OCCASIONS TO PERFORM REQUIRED SEMIANNUAL SELF MONITORING. THIS REFERRAL IS EXCLUSIVELY FOR THE RECOVERY OF PENALTIES SINCE LUNDAY-THAGARD HAS RECENTLY ACHIEVED CONSISTENT COMPLIANCE WITH BOTH FEDERAL STANDARDS AND LOCAL LIMITS AS A RESULT OF RECEIVING AND SUBSTANTIALLY COMPLYING WITH EPA REGION 9'S OCTOBER 29, 1993, ADMINISTRATIVE ORDER. REGION 9 SEEKS A CIVIL PENALTY OF NO LESS THAN $277,000. PER CCDS FORM STIPULATION & ORDER OF DISMISSALAFTER PAYMENT OF PENALTY WAS ARRIVED AT USING ALTERNATIVE DISPUTE RESOLUTION.

Defendants (1)

• LUNDAY-THAGARD COMPANY, INC.Named in complaintNamed in settlement

Facilities (2)

• LUNDAY THAGARD OIL

  9301 S GARFIELD, SOUTH GATE, CA, 90280

  Registry ID: 110001187144

• LUNDAY THAGARD OIL

  9301 S GARFIELD, SOUTH GATE, CA, 90280

  Registry ID: 110001187144

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• LUNDAY-THAGARD COMPANY, INC.entered 1995-09-19

  Primary law: CWA

  Federal penalty: $250,000

Timeline (7 milestones)

• 1993-10-29Enforcement Action Data Entered
• 1994-09-23Referred To Dept Of Justice
• 1995-04-12Complaint Filed With Court
• 1995-09-19Final Order Lodged
• 1995-09-19Final Order Entered
• 1995-09-19Concluded
• 1995-10-10Enforcement Action Closed