BAKERSFIELD, CA- Workers at the Alon refinery in Rosedale burned hundreds of tons of a hazardous chemical at the plant and released the toxic fumes in 2011 --- and they did it to save money.
That's the allegation by the San Joaquin Valley Air Pollution Control District in a civil suit quietly settled in Kern Superior Court in early March for $40,000.
"It is a very hazardous chemical. It can have very significant health effects," said Environmental Health Director Matt Constantine. "It's a desiccant, (meaning) it pulls the moisture out of your body. It can lead to your eyes and nose stinging. It can lead to permanent damage, and it can lead to death.
Air District Chief Communications Officer Jaime Holt said she was in meetings Friday and unable to be interviewed regarding the Alon case. Earlier, she did provide KGET an emailed copy of the settlement the air district reached with the refinery.
Crude oil pulled from the ground in Kern County has a high concentration of ammonia, according to the complaint filed by the district.
That's why many refineries use a process that strips out the ammonia into something called sour water that is then sold as agricultural fertilizer.
At the Alon refinery, the air district said the ammonia is routed into a 300,000 gallon tank that was supposed to have been empty when Alon purchased the plant from Big West in June 2010.
But during an annual review, Environmental Health inspectors found the tank was nearly one-third full.
"We brought it to their attention because they didn't think there was anything in it," Constantine explained.
The tank is required to be emptied, cleaned and inspected no less than once every ten years, according to air district officials.
At the refinery, this process was overdue and regulators said the ammonia in the tank had become contaminated.
And because Alon couldn't sell the ammonia air regulators said workers sent the contents directly to the low-pressure emergency flare.
"They should have sent it to a recycling company that would have perhaps tried to remove and recycle the anhydrous ammonia, but not set to a flare to be burned," Constantine said.
The flare is supposed to be a measure of last resort: a tool that refineries should use to vent a buildup of gases under dire situations, according to Constantine.
Alon lawyers settled the case for $40,000 on March 10, four days after it was filed.
That's roughly a third less than the air district initially sought in penalties.
As part of the agreement, Alon admitted no wrongdoing.
The Environmental Health Department is conducting an administrative enforcement order designed to find out what went wrong and make sure it doesn't happen again.
The refinery could face further fines through that process, Constantine said.
Alon USA declined KGET's request for an on-camera interview.
The company released this statement:
"Resolution of the District's claims was based on a valid misinterpretation of a permit condition. The matter was settled after considerable discussion and clarification of the issues. Unfortunately, the Company cannot respond further at this time because of a pending action. However, we can respond more fully once the remaining matter is resolved. We stress that the public was not at risk because of our actions and that Alon/Paramount takes very seriously our responsibility to operate our facilities safely, in an environmentally sound manner and in compliance with all regulatory requirements."
The incident doesn't sit well with environmental activist and Shafter farmer Tom Frantz.
"That refinery site is located next to the Kern River, it sits on one of the most contaminated piece of ground in Kern County. It sits next to homes and schools. They have no business doing this kind of thing. It's a real safety issue," Frantz said.
That's the allegation by the San Joaquin Valley Air Pollution Control District in a civil suit quietly settled in Kern Superior Court in early March for $40,000.
"It is a very hazardous chemical. It can have very significant health effects," said Environmental Health Director Matt Constantine. "It's a desiccant, (meaning) it pulls the moisture out of your body. It can lead to your eyes and nose stinging. It can lead to permanent damage, and it can lead to death.
Air District Chief Communications Officer Jaime Holt said she was in meetings Friday and unable to be interviewed regarding the Alon case. Earlier, she did provide KGET an emailed copy of the settlement the air district reached with the refinery.
Crude oil pulled from the ground in Kern County has a high concentration of ammonia, according to the complaint filed by the district.
That's why many refineries use a process that strips out the ammonia into something called sour water that is then sold as agricultural fertilizer.
At the Alon refinery, the air district said the ammonia is routed into a 300,000 gallon tank that was supposed to have been empty when Alon purchased the plant from Big West in June 2010.
But during an annual review, Environmental Health inspectors found the tank was nearly one-third full.
"We brought it to their attention because they didn't think there was anything in it," Constantine explained.
The tank is required to be emptied, cleaned and inspected no less than once every ten years, according to air district officials.
At the refinery, this process was overdue and regulators said the ammonia in the tank had become contaminated.
And because Alon couldn't sell the ammonia air regulators said workers sent the contents directly to the low-pressure emergency flare.
"They should have sent it to a recycling company that would have perhaps tried to remove and recycle the anhydrous ammonia, but not set to a flare to be burned," Constantine said.
The flare is supposed to be a measure of last resort: a tool that refineries should use to vent a buildup of gases under dire situations, according to Constantine.
Alon lawyers settled the case for $40,000 on March 10, four days after it was filed.
That's roughly a third less than the air district initially sought in penalties.
As part of the agreement, Alon admitted no wrongdoing.
The Environmental Health Department is conducting an administrative enforcement order designed to find out what went wrong and make sure it doesn't happen again.
The refinery could face further fines through that process, Constantine said.
Alon USA declined KGET's request for an on-camera interview.
The company released this statement:
"Resolution of the District's claims was based on a valid misinterpretation of a permit condition. The matter was settled after considerable discussion and clarification of the issues. Unfortunately, the Company cannot respond further at this time because of a pending action. However, we can respond more fully once the remaining matter is resolved. We stress that the public was not at risk because of our actions and that Alon/Paramount takes very seriously our responsibility to operate our facilities safely, in an environmentally sound manner and in compliance with all regulatory requirements."
The incident doesn't sit well with environmental activist and Shafter farmer Tom Frantz.
"That refinery site is located next to the Kern River, it sits on one of the most contaminated piece of ground in Kern County. It sits next to homes and schools. They have no business doing this kind of thing. It's a real safety issue," Frantz said.