SAN FRANCISCO, CA – A former operations manager at a Bay Area fuel terminal has been sentenced to probation, including a year of home confinement, for deliberately circumventing pollution controls and violating the Clean Air Act. Charles Sivil, 56, of Vallejo, California, was sentenced on January 19, 2010, following a guilty plea entered in October 2009. The case stems from a pattern of environmental violations at Shore Terminals, LLC, a Selby, California facility that receives, stores, and distributes petroleum products.
According to court documents, Sivil, as senior manager of operations and compliance, oversaw a systematic effort to bypass a vapor recovery unit at the Shore Terminals truck loading rack. This unit was designed to capture volatile organic compounds (VOCs) released when fuel trucks were filled, preventing them from polluting the air. Between July 2005 and December 2006, employees, under Sivil’s direction, repeatedly used a bypass switch to continue loading fuel even when the vapor recovery unit was malfunctioning or shut down. This allowed the facility to avoid operational delays but resulted in the illegal release of harmful air pollutants.
The scheme came to light during an inspection by the Bay Area Air Quality Management District (BAAQMD) in August 2006. Sivil initially provided misleading information to the inspector regarding the status of the vapor recovery unit. Despite later admitting the truth, the use of the bypass switch continued for several more months until a search warrant was executed at the facility in December 2006. Federal prosecutors argued that Sivil knowingly prioritized efficiency over environmental compliance, putting nearby communities at risk.
Statutes Violated and Penalties
Sivil pleaded guilty to one felony count of violating the Clean Air Act, specifically 42 U.S.C. 7413(c)(2)(C), which prohibits tampering with or rendering ineffective any monitoring device or method required by the Act. He was sentenced to three years of probation, including 12 months of home confinement, and ordered to perform 200 hours of community service focused on the health impacts of air pollution. Notably, no fine was imposed. The case highlights the EPA’s commitment to holding individuals accountable for environmental crimes, even when those crimes are committed within a corporate structure.
This sentencing follows the July 2009 conviction of Shore Terminals, LLC, which was ordered to pay a $1.75 million criminal fine, $750,000 in community service payments (split between the National Fish and Wildlife Foundation and the Bay Area Clean Air Foundation), and was placed on two years of probation. The company had pleaded guilty to four counts of making false statements related to its 2005 Title V Permit Compliance Certification, also violating 18 U.S.C. 1001(a)(3). The company was also required to develop and implement a comprehensive environmental compliance plan.
Key Facts
- Defendant: Charles Sivil, 56, Vallejo, CA
- Crime: Violating the Clean Air Act by tampering with a vapor recovery unit.
- Location: Shore Terminals, LLC, Selby, California
- Dates of Violation: July 2005 – December 2006
- Statutes Violated: 42 U.S.C. 7413(c)(2)(C), 18 U.S.C. 1001(a)(3)
- Sentence: 3 years probation, 1 year home confinement, 200 hours community service.
- Related Case: Shore Terminals, LLC paid $1.75 million fine and $750,000 in community service.
“Managers of facilities such as this have a responsibility to protect the environment,” stated U.S. Attorney Joseph P. Russoniello following the sentencing. “Individuals who don’t, who instead choose to take shortcuts and, as a result, violate federal regulations that are designed to safeguard the health of residents in surrounding communities will be prosecuted to the fullest extent of the law.” The investigation was a joint effort by the U.S. Environmental Protection Agency (EPA) and the Bay Area Air Quality Management District.
Source: EPA ECHO Enforcement Case Database
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