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Court approves consent decree that settles lawsuit vs MAC for $826K penalties
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Posted on Jun 14 2011
The federal court yesterday approved a consent decree that resolved the U.S. Environmental Protection Agency’s lawsuit against the former owner of Shell Marianas for alleged violations of the Clean Air Act at its bulk gasoline terminal in Puerto Rico, Saipan.
Under the consent decree, Marianas Acquisition Corp. agrees to pay $826,000 in civil penalties for past violations.
MAC also agrees to install emissions control equipment worth approximately $2.3 million.
The consent decree commits MAC to additional forms of injunctive relief to ensure future compliance, and subjects it to stipulated penalties for non-compliance.
Andrew W. Ingersoll, trial attorney of the U.S. Department of Justice’s Environment and Natural Resources Division, asked the U.S. District Court for the NMI to approve the consent decree entered by EPA and MAC.
“The Consent Decree fully resolves the case pending before this Court, as it represents a final judgment among the Parties as to the claims in the case,” Ingersoll said.
He said the consent decree has received no opposition or adverse public comment and that it is consistent with the goals of the Clean Air Act.
Ingersoll said the settlement reduces emissions of volatile organic compounds, including the known human carcinogen benzene from MAC’s bulk gasoline storage and distribution facility in Puerto Rico, Saipan.
Senior District Judge Alex R. Munson granted yesterday the consent decree.
Munson said he agrees that the consent decree is reasonable, fair, and consistent with the purposes of the Clean Air Act.
In March 2011, EPA announced the settlement of the case. EPA said according to the complaint filed simultaneously with the settlement, for more than two decades, MAC, previously doing business as Shell Marianas, failed to install vapor pollution controls and comply with a pollution limit at its bulk gasoline terminal leading area in Puerto Rico, Saipan.
Failure to limit its emissions led to the illegal discharge of about 5 tons of volatile organic compounds into the air each year, EPA said.
