The Consent Agreement Final Order resolves violations of the Resource Conservation & Recovery Act (RCRA) which were discovered during a Compliance Evaluation Inspection at Western in September 2007. Western was intermittently discharging benzene-contaminated wastewater - a characteristic hazardous waste - to aeration lagoons (surface impoundments). Violations alleged include: operating a hazardous waste surface impoundment without a permit; land disposing an untreated hazardous waste; storing hazardous waste in tanks without a permit; treating hazardous waste without a permit; managing a waste pile without a permit; failing to make hazardous waste determinations.
Western Refining has agreed to pay a fine of $734,008, cease all discharges of benzene to surface impoundments, and close the two aeration lagoons that received hazardous waste. Western has further agreed to construct an upgraded wastewater treatment facility, and dismantle all benzene air strippers once the waste water treatment facility is complete. Western will provide financial assurance for the closure of both aeration lagoons and the removal of all benzene strippers at the facility.