Sunoco, Inc (R&M) (Sunoco) owns and operates the Eagle Point Refinery located in Westville, New Jersey (Facility). A judicial Consent Decree (CD) required that the Facility operate in compliance with the Benzene Waste Operations NESHAP (BWON). In a civil judicial action, the United States and the State of New Jersey (a complainant-in-intervention) alleged that Sunoco had failed to comply with requirements of the BWON.
In order to resolve the allegations, the parties agreed to the terms of a Stipulation and Order of Settlement (Civil action No. 09-1044 (JHR), which was entered on March 31, 2009. This Stipulation and Order, which is contingent upon SunocoÂs demonstration of compliance with the CD mandated BWON provisions, requires Sunoco to make a payment to the U.S. Treasury and to the State of New Jersey. The payments are to be made within thirty (30) days of entry.