Dodge City: Covanta Violations Just Before Bankruptcy. Court Order Required to Enforce Environment Standards.

ENFORCEMENT ACTION ORDER BY CONSENT ISSUED TO
Covanta Alexandria / Arlington, Inc

11. ... Termination of this Order, or any obligation imposed in this Order, shall not operate to relieve Covanta from its obligation to comply with any statute, regulation, permit condition, other order, certificate, certification, standard, or requirement otherwise applicable.
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SECTION D: Agreement and Order

... In addition, the Board hereby enters an order imposing upon Covanta Alexandria / Arlington, Inc., a civil charge of Fourteen Thousand Six Hundred Ninety Five Dollars ($14,695.00), the payment of which shall be subject to the terms and conditions of Covanta's confirmed plan of reorganization.

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6. On January 3, 2002 at 0950 hrs. EST, Mr. George Ball-Llovera contacted NVRO to report a malfunction that resulted in a 4-hour exceedance of the carbon monoxide limit set forth in the air permit.

During that call Mr. Ball-Llovera was informed that Covanta needed to provide quarterly EER’s for the facility in addition to the Annual and Semi-Annual reports. Mr. Ball-Llovera indicated that he would provide the required documents. At 1440 hrs. EST, Mr. Ball-Llovera again contacted NVRO personnel to say that by January 31, 2002 the Annual Report and the 4th Quarter EER would be provided to NVRO and that the 1st, 2nd, and 3rd Quarter 2001 EER’s would be provided soon after.
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12. On February 25, 2002 Mr. George Ball-Llovera hand delivered the 3rd quarter 2001 EER for Covanta to the NVRO.

13. On April 1, 2002 Covanta filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York. (“Bankruptcy Court”)