Facts

The United States and San Joaquin Valley Unified Air Pollution Control District filed a complaint against Kern Oil & Refining Co. seeking injunctive relief and civil penalties under Section 111 of the Clean Air Act and Section 313 of the Emergency Planning and Community Right-To-Know Act.

PLAINTIFFS CONTENTIONS: Plaintiffs contended that Kern Oil failed to meet new source performance standards monitoring and reporting requirements under the CAA and to meet hazardous substance reporting requirements under EPCRA.

DEFENDANT CONTENTIONS: Defendant did not admit liability.

Result

The parties entered a settlement requiring Kern Oil to pay a civil penalty of $500,000 and to comply with all monitoring and reporting requirements and other injunctive relief geared towards ensuring the Facility remains in compliance with the law. Kern Oil had to perform two supplemental environmental projects valued at least $100,000 each.