RECE¡VËLì
VENTURA SUPFRIÙR ÇOURl

ÐEe

I
2
3

4

s1 ¿01&f
VENTURA
SUPEFIIOR COURT

GREGORY D. TOTTEN
District Attorney, County of Venfura
MTCHELL F, DISNEY, Srarg BarNo. 138114
Senior Deputy District Attorney
5720 Ralston Street, Suite 300
Venûra, CA 93003
Telephone (805) 662-17A6

FII-ED
I)EC 2 B

È:.,,

.i,:.

¿

Clerk
Deputy

5

6

2t}1A

ADRIANAVELASÖü

Attomeys for Plaintiff

7
8

SUPERIOR COURT OF'THE STATE OF CALIF'ORNIA

9

COT'NTY OF VENTTIRA

10

THE PEOPLE OF THE STATE OF
CALIFORNIA,

CASE No.

tnffi:l

11

12
13

74

l5
16

Plairrtift
v

FINAL ruDGMENT PTIRSUANT TO
STIPT'LATTON

ANTERRA CORPORATION;
ANTERRA ENERGY SERVICES, INC.;
ANTERRA TRA}ISPORTATION, INC. ;
Defendants.

t7
18
19

Plaintifl THE PEOPLE ûF TI{E STATE OF CALIFORNIA ("People'), through its

2A

attotneys, GREGORY D. TOTTEN, the District Attorney of Ventura County, by Senior Deputy

2t

Dishict Attomey Mitehell F. Disney, and Defendants ANTERRA coRpoRATIoN,

22
23

ANTERRA ENERGY SERVICES, [NC., and ANTERRA TRANSPORTATION, INC.
(collectively ..ANTERRA" or "Defondants"), through their attonreys, Goldenring & Prosser,

24

PLC, by Peter Goldenring, Esq., have stipulated to the entry of this Final Judgment Pwsuant to

25

Stipulation (o'Final Judgment") without the Court taking evidence and the Pa¡ties also have

26

waived their rigtrt to appeal and have agreed to settle the above-captioned matter without firrther

27

litigation, and the Court having considered the pleadings and good cause appearing:

28

-i_
FTNAL JUDGMENT

\

J'

 IT IS FßREBY ORDERED, ADruDGED AND DECREED that Plaintiff have

1

2

judgment against Defendants as follows.

J

I.

a^

Except where otherwise expressly defined in this Final Judgment, terms shall be

DEFINITIONS

5

interpreted as set forth herein and consistent with Chapters 6.5 and 6.95 of Division 20 of the

6

Health and Safety Code and the regulations promulgated under those chapters. For purposes

of

this Final Judgment, the People and ANTERRA shall be referred to collectívely as "Parties" and

I

individually

2.

9

as'oParr¡/."

I

JURISDICTION ¡nd YEN,UE

The action is brougtrt under the laws of the State of Califomia and this Court has

10

l1

jurisdiction of the subject r-natter hereof and the parties hereto. Venue is proper before this

12

Court.

13

3.

t4

All provisions of this Judgment

,{PPLICÁBIITITY
are applicabie to Defendants, and to their offrcers,

l5

directors, rnânagers, supervisors, suocessors, assigns, employees and agents, and to all persons

16

acting in concert or participation with any ofthem, rrith actual or conshuctive knowledge of the

t7

terms of this judgment (collectively "Enjoined Persons',).

18

4.

t9

Pursuant to the provisions of Health and Safety Code sections 25 I I

INJUNCTIyE BELm,ry

i

and, 252Q3, and,

2A

Business and Professions Code section 17203,the Eqjoined Persons are permanently e4ioined

2t

follows:

22

a.

as

Enjoined Persons shall not engage in any act or omission in violæion of

23

Chapter 6.5 of Division 20 of the Health and Safety Code, or of the regulations

24

promulgated under that chapte¡ at ANTERRA'S Ventura County facility located

25

East S/ooley Road, Oxnard, Califomia ("Covered Facility"), and any other same or

26

similar facility that ANTERRA may, after the entry of the Final Judgment, open in the

27

County of Ventura, State of California" in addition to the Cove¡ed Facility ("Futurq

28

Facilities")
_zFrNAL

Ju¡cmrr¡r

atlg33

),

 b.

1

Enjoined Persons shail not accept, store, ûeat or inject any waste material

1

at the Covered Facility or Future Facilities without

J

chemical analysis of a representative sample of the source of the waste material

4

confirming that the waste material is non-hazardous under Catifornia law, and as

5

required by the

6

Deparblent of conservation, Division of

7

(*DOGGR")

8

Regulations, with a concuûent copy to the Ventura County Environmental Health

9

Division, cuPA Program ("vcEHD"). The copy to the vcEHD may

PAII,

first having received

a report

of

and shall provide a copy of the report of chemical analysis to the

as required

oil Gas and Geothermal

Resources

by the PAL and as may be required by DOGGRRuies and

be transmitted

electronically via email to cers@venhra.org

10

c-

11

Enjoined Persons shall require an updated report of chemioal analysis of a

1,2

representative sample of waste material from each source in not less than a twenty-four

13

(24) month cycle. The intent is for the sampling of each source to be updated every

T4

twenty-four (24) months so as to en$re the waste material is non-hazardous. When such

l5

updated reports are received, copies shall be provided to the VCEHD via the email

t6

address specified in Paragraph 4.b, hereinabove, and to DOGGR as required by the

t7

and as rnay be required by DOGGR Rules and Regulations.

d.

18

fuiy report of chemical analysis as provided for herein

pAL

shall be by a

I9

Calífomia-certiñed environmental. laboratory, and shall include reported values for

2A

hazardous criteria (igtitability, corrosivity, toxicity and reactivity) in compliance with

2L

the requirements of Califomia Code of Regulations, titlezz,sections 6626l.20through

22

6626I.24, so as to ensure effective screening for wa.stes not authorized for acceptance at

23

the covered Facility by california laws and regulations, and the pAL.

24
25
26
27
28

1As

used herein, "p.,q¡" means the "Project Approval Letter for Class II Commercial Waste
Disposal Project, Topanga/Conejo Volcanics, Oxnard Oil Field', dated April 4,2002(and any
revision or reissuærce thereo$ issued by the California Departrnenúof Conservation, Division of
Oil Gas and Geothermal

Resources

-3_
FE{^å.L

Juocmrur:

\

 1

5.

2

ANTERRA shatl pay Five Hundred Thousand Dolla¡s ($500,000.00) as civil penalties

CryIL PENALTIES.ÀND CQST RECOVE,RY

and costs to the Ventura Counly District Ättorney's Offrce, at the address provided in paragraph
4

8, below, as

5

5.1

follows:
One Hu¡rdred and Fiffy Thousand Dollars ($150,000.00) as civil penalties urider

6

Health and Safety Code section 25189, subdivision (e). The Ventura County Dístrict Attorney's

7

Office shall, upon receipt, appofion and distribute these penalties as provided in Health

I

Safety Code section251.92, zubdivision (a).

9
10

5.2

,

Three Hundred and Fifty Thousand Dollars ($350,000.00) as reimbursement for

investigative costs,. as foliows:

1i
T2

&

5.2.a: Tlurty Thousand Dollars ($30,000.00) to the United States Department of
Transportation, Ofüce of lnspector General;

la
IJ

5.2.b: Ten Thousand Four Hundred and Thirty-five Dollars ($10,435.00)

I4

reimbursement for investígative costs to the Ventura County Department

15

Environmental Healtlq,

16

as

of

5.2.e: Three Hundred and Nine Thousand, Five Hundred and Sixty-five Dollars

17

($309,565.00) as reÌmbursement for investigative costs to the Ventura Counfy Disfrict

18

Attomey's Ofñce.

19

5.3

,All amounts shall be made payable to "Ventu¡a County Disrrict Attorney", which

2A

shall distribute the funds

2l

Dollars ($350,000.00) as provided in paragraphs 5.2, above, shall be due and payable within

22

thidy (30) days of the date of entry ofthis Final Judgment. The amount of One Hundred and

./.3

Fiñy Thousand Dollars ($150,000)

24

(3) equal annual installments of Fiffy Thousand Dolla¡s ($50,000.00), the frst of which shall be

25

due on December

26

interest shall accrue on the unpaid balance if payments are made timely. However, in the event

27

of failure to tender any payment when due in the fulI amount provided herein, then the entire

28

unpaid balance, including all unpaid future ínstailments, shall immediately become due and

as

provided herein. The amount of Three Hundred and Fifty Thousand

as

l0,2020,withthe

provided in paragraph 5.1, above, shall be paid in th¡ee

second and third paymen{s due annually thereafter. No

-4Frr.¡¿r,

JuDc¡¡uxr

þ

 I

payable, and interest

2

rate, and Plaintiff may immediately and without notice proceed to use all lawful
means to coliect

J

the entire unpaid balance, plus interest. Plaintiffshall not be required to fiie or record
a

4

satisfaction ofjudgment until the entire monetary portion of this judgment is paid
in flil1.

5

Defendants may prepay, without penalty, all or any portion of the installment payments

6

provided herein.

will immediately commence to accrue thereon

t

6. ET'.I.FORCEIWENT

8

Pursu¿lnt to Code of

9

at the legal post-judgment

oF'FII\-AL JTIDGMENT AND PENALTIES

Civil Procedure section 664.6,the court retains jurisdiction over this

matter and the terms of the Final Judgment. The People may move this Court to enjoin
any

10

violation of any provision of this Final Judgment, and to award other appropriate relie{
and the

11

defendant(s) reserve any rights to oppose or defend as rnay be legally permissible.
Nothing in

12

this Final Judgment shall limit any rights of the People to seek any other relief or for
criminal or

13

civil remedies, for future violations

t4

ofthe defendant(s) to oppose or dispute any such action by the people.

as

provided by law, and nothing herein shall limit any rights

15

7.

t6

7-l

17

and all criminal and

18

alleged by the People in the Cornplaint, and which were known or could reasonably
have been

t9

discovered, based on the Ventura County District Attorney's investigation regarding

20

ANTERRA's conduct at the Covered Facílity through December 7,21l1.The matiers described

2l

in the previous sentence ate "Covered Matters." The People reserve the right to pursue any

22

clai4 violation ol cause of action that is not a Covered Matter f'Reserved Clairn')

23

24

This Final Judgrnent is a final and binding resolution and settlement of all claims,

civil violations or causes of action which have been or could have been

and

.

ANTERRA reserves the right to defend against any Reserved claim.

7.2

Any claims, violations or causes of action not deseribed in paragraph T.l, above,

25

inciuding, but not limited to, any violations that may occur after December T,ZAIg,are
not

26

resolved, settled or covered by this Final Judgment.

27
28

7.3

Notq¡ithstanding any other provision of the Final Judgment, Covered. Matters

does not include any claims or causes of action against ANTERRA for (1) performance
-5-

Frw¿r, JUDGUENT

of

þ

 1

cleanup, corrective action, or response action conceming or arising out of any actual past or

2

future releases, spills, or disposals of hazardous wastes, hazardous materials or hazardous

J

a

substances at or from the Covered Facility; and (2) claims or causes of action relating to

4

ANTERRA's disposal of hazardous wastes, hazardous materials or haza¡dous substances not

5

occurring at the Covered Facility, and that are unknown to the Diskict Attomey arid could not

6

have reasonably been discovered based on the People's investigation

7

Such matters are Reserved Claims.

I
9

7.4

ofthe Enjoined persons.

In any subsequent action that may be brought by the People based on any

Reserved Claim, ANTERRA agrees

thatit will not assert that failing to pursue the Reserved

i0

Claims as part of this action constitutes claim-splitting, laches or is otherwise inequitable

11

because such claims should have been brought as part of this action. This paragraph does not

1"2

prohibit ANTERRA ftom asserting any statute of limitations or otber legal or equitable defenses

13

that may be applicable to any Reserved Claims.

L4

7.5

The provisions of paragraph

7

.I

arceffective upon fuIl payment by ANTERRA

15

of the srrms requiredpursuant to this Final Judgment The continuing effect of paragraph 7.1 is

L6

expressly conditioned on ANTERRA's full payment of the amounts due under ttris Final

t7

Judgment.

.6

Paragraph 7.1 does not limit the ability of the People to enforce the terms of the

18

7

t9

Final Judgment.

2A

7.7

ANTERRA covenants not to pursue any civil, appellate or admínistative claims

?1

against the People or against any agency or office of or within the County of Ventura or against

22

their officers, employees, representatives, agents or attorneys arising out of or ir uny way related

23

to any Covered Matter.

24

8.

2s

All

NOTTCES
submissions and notices required by this Final Judgment, except as otherwise

26

specified above, shall be sent to:

27

For the People:

28

Mitchell F. Disney
Senior Deputy District Attomey
-6-

I'rwer,

Juucunxr

'h

 Ventura Counfy District Attomey's Office
5720 Ralston Srreet, Suite 300

1

)

Ventur4 CA 93003

a

J

FoT

ANTERRA:

4

Anterra Corporation
Attn: Roger Staben, CEO
918 Mission Rock Road, Suite C-l
Santa Paula, CA 93060

5

6
7

With sinrultaneous copy to:
Goldenring & Prosser, a PLC
Attn: Peter A. Goldenring, Esq.
6050 Seahawk Steet
Ventura, CA 93003

I
9
10
11

t2
13

14
15

l6
t7
l8
19

20
2T

22
23

24

Any Parly may change its notice name and address by informing the other party in

writing, bnt no change is effective until it is receipt is confirmed. AII notices and ottrer
communicatioas required. or permitted under this Final Judgment thaf are properly add¡essed as

provided in this paragraph are eflective upon delivéry if delivered personally or by overnight
mail, or are effective five (5) days following deposit in the United States mail, postage prepaid,

if delivered by mail.

9.

EFIrECT OF
"TUIIGMENT

Except as expressly provided in this Final ¡u6**ent, nothing in this Final Judgment is
intended nor shall it be construed to preclude the People, or any state, county, or iocal agency?
department, board or entity, or any Cqtified Unified Program Agency from exercising its
authority under any law, statute or regulation;

10, LIAFILITY

OF TIIE PEOPLE_

The People and its representatives herein shall not be liable for any injury or damage to
persons or property resulting from acts or omissions by ANTERRA, its directors, officers,

25.

employees, agents, representatíves or contractors, in carrying out activities pursuant to this Final

26

Judgmen! nor shall the People or their representatives be held as a parry to or guarantor of any

27
28

contract entered into by ANTERRA" its owners, directors, officers, employees, agents,
representatives or contractors, in carrying out the requiremeats of this Final

-7trrNAL Juucnnnxr

Judgment.

\
JI,lt

 1

2

11.

NO WAIV.ER OF RIGHT TO ENFOBCE

The failure of the Peoplc to enforce any provision of this Final Judgment shall neither be

in

3

deemed a waiver of such provision nor

4

The failure of the People to enforce any such provision shall not preclude it from later enforcing

5

the same or any other provision of this Final Judgment. No oral advice, guidance, suggestions or

6

comments by employees or offîcials of any Parfy regarding matters covered in this Final

7

Judgment shalt be construed to relieve any Party of its obligations under this Final Judgment.

I

12.

any wayaffect the vatidity of this Final Judgment.

FUTUR4 REGULATORY CHANGES

9

Nothing in this Final Judgment shall excuse ANTERRA from meeting any more

10

stuingent requirements that may be imposed by appiicatle law or by any changes in the

11

applicable law.

12
13

14

l5
16

13. AppLrcATroN

oF FINAL JUDçMENT

This Final Judgment shali apply to and be binding upon the People and upon ANTERRA
and its successors and assigns.

t4.

AUTHOBITY TO ENTER-FrNAII JUDGIT{ENT

Each signatory to this Final Judgment certifies that he or she is fully authorized by the

l7

party he or she represents to enter into this Final Judgment, to execute it on behalf of the party

18

represented and legally to bind that party.

19

2t

ls. cqNTrNUrNcJURrSprCTrON
The Parties agree that this Court has jurisdiction to interpret and enforce the Final

2T

Judgment. The Court shall retain continuing jurisdiction to enforce the terms of this Final

22

Judgment and to address any other matters arising out of or regarding this Final Jud.gment

23

pursuant to California Code of Civil Procedure section 664.6.

24
25

26

16.

PAYMENT OF LITIGATION EXPENS4S AND FEES

ANTERRA shall pay its own attorney fees, expert witness fees and all other costs of
litigation and investigation incurred to date.

27
28
-8-

Frn¡¡, Juocun¡cr

'h

 17.
2

INTERPRETATION

This Final Judgment was drafted equally by all Parties. The Parties agree that the rul.e of

3

construction holding that ambiguity is construed against the drafting parfy shall not apply to the

4

interpretation of this Final Judgment.

5

6

18.

COUNTERPARTSTGNAILRES

This Final Judgment may be executed by the parties in counterpart.

7

19. INTEGRATION

I

This Final Judgment constitutes the entire agreement between thç Parties and may not be

9

a¡nended or supplemented except as provided for in the Final Judgment. No orai representations

i0

have been made or relied upon other than as expressly set forth herein.

11

20.

t2

This Final Judgment may be modified only on noticed motion by a Party with approval

T3

MODIFICATION OF

FII,.{^A.L

JUDGM4.nIT

of the Court, or upon written consent of the Parties and the approval of thg Court.

t4

¿I.ENTRY OF JUDGMENT

15

The Court's clerk is ordered to enter.this Final Judgment immediately, and to provide

l6
17

notice to Plaintiff tlrough
TT

"o*r"í.

IS SO ORDERED.

18
T9

2t

DArED:

ÐEC

21

Zotg

By
ruDGE OF TT{E

COURT

IIIATTHEW P, GUASCO

2l
22
23

24
25

26
27
28
-9X'INá,L JUI'GMENT

Å,