Facts

Sun Air Jets LLC maintains a fleet of privately owned corporate jets at the Camarillo Airport. It charters the jets, performs aircraft maintenance and maintains a 60,000 gallon jet fuel storage facility. On February 19, 2019 a Sun Air employee was filling a 3,000 gallon mobile refueler truck. The truck contained jet A-1 fuel. Unfortunately, the refueler overfill protection device malfunctioned and a small amount of jet fuel subsequently was released into the area. The District Attorney's Office Consumer and Environmental Protection Unit and the Ventura County Environmental Health Division investigated the spill.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant, who is subject to the regulatory requirements of the Aboveground Petroleum Storage Act (APSA), prepared a deficient fuel Spill Prevention Plan. The Plan is required by the APSA and according to plaintiff, its deficiency was a significant, contributing factor in the fuel spill. Plaintiff contended that the fuel spill entered a storm drain in violation of the APSA and the Fish and Game Code Section 5650. Plaintiffs also noted that the investigation revealed deficiencies in defendant's employee training, safety procedures and mandatory reporting of hazardous materials release.

DEFENDANT'S CONTENTIONS: Defendants denied all contentions. Defendant contended that no fuel entered the storm drain.

Result

Sun Air agreed to settle for $75,000 which included $39,075 in investigative costs to the District Attorney's office; a civil penalty of $5,319; cost recovery of $3,470 to the Ventura County Environmental Health Division (VCEHD) and $2,134 to the Ventura County Fire District for their emergency response. It also included $25,000 for a Supplemental Environmental Project to the Ventura County Department of Airports to provide maintenance and upgrades to their underground storage tanks leak detection system. Finally, injunctive terms required Sun Air to comply with all applicable laws relating to the APSA and Fish and Game Code, and to immediately report any hazardous spills and be subject to regulatory inspections by the VCEHD. This stipulated judgment did not constitute an admission by any party of any issue of fact or law.