# APEX ORCHARDS, INC.
> **Judicial** · FY1986 · — · Final Order With Penalty
## Case
- **Activity ID:** `52094`
- **Case Number:** 09-1986-0023
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $55K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- APEX ORCHARDS, INC. (complaint) (settlement)
- DEI-COAGRI (complaint) (settlement)
- MOBIL OIL (complaint) (settlement)
## Summary

APEX ORCHARDS, INC. OPERATES AN ELECTRICITY PRODUCING,     BIOMASS-FIRED BOILER LOCATED ON DRIVER ROAD, 1/4 MILE NORTH  OF KIMBERLINA ROAD IN KERN COUNTY, CA.  TESTS CONDUCTED BY   CHEMECOLOGY CORPORATION ON OCTOBER 24 AND 25, 1985 SHOWED    THAT THE BIOMASS-FIRED BOILER WAS EMITTING 538.7 TONS PER    YEAR (TPY) OF CARBON MONOXIDE (C0).  THIS AMOUNT IS MORE     THAN TWICE AS MUCH CO THAN IS ALLOWED WITHOUT A PREVENTION   OF SIGNIFICANT DETERIORATION (PSD) PERMIT FROM EPA.  APEX    DOES NOT HAVE A PSD PERMIT.                                    ON JULY 17, 1986, EPA SENT APEX A NOTICE OF VIOLATION(NOV) STATING THAT APEX HAD CONSTRUCTED AND WAS OPERATING THE      FACILITY WITHOUT A PSD PERMIT IN VIOLATION OF THE CLEAN AIR  ACT.                                                           THE ATTORNEY FOR APEX MET WITH EPA REGION 9 PERSONNEL ON   AUGUST 13, 1986.  HE DID NOT DISPUTE APEX'S VIOLATION AND    SAID THAT APEX WANTED TO NEGOTIATE A SETTLEMENT.  EPA        INDICATED THAT AN APPROPRIATE SETTLEMENT WOULD BE A CONSENT  DECREE REQUIRING APEX TO OBTAIN A PSD PERMIT, TO  INSTALL    APPROPRIATE AIR POLLUTION CONTROL EQUIPMENT AND TO PAY A     SIGNIFICANT CASH PENALTY.  ON AUGUST 21, 1986, EPA SENT A    LETTER TO APEX THAT STATED THAT EPA WOULD KEEP SETTLEMENT    NEGOTIATIONS OPEN FOR 30 DAYS AND WOULD SEND A DRAFT CONSENT DECREE TO APEX BY SEPTEMBER 6, 1986.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*