EPA v. COOLEY INC

Case summary

On March 27, 2014, Region 1 and DOJ filed a Stipulation in federal District Court resolving over $1.3 million in stipulated penalties accrued under a Consent Decree which was entered by the Court on June 20, 2002 in settlement of numerous Clean Air Act and RCRA violations by Cooley, Inc. This Stipulation requires Cooley to pay a $375,000 penalty in three installments over two years based, in part, on a financial analysis of the company?s ability to pay. The penalty came due following Cooley?s unsuccessful attempts, over many years, to fully implement a recycling SEP that was part of the original Consent Decree settlement. That earlier settlement also included payment of a $325,000 penalty to resolve violations which arose out of Cooley?s operations at its Pawtucket, Rhode Island facility where the company makes coated fabrics and engineered membranes used in tarps, boats, signs and other items. Under the Decree, the term of the SEP required Cooley to recycle at least 25 million pounds of plastic waste at a cost of about $1.7 million. However, after the maximum 10 years allowed for SEP implementation, Cooley had recycled less than 20% of target waste amounts and incurred only about half the necessary costs. Contact: Hugh Martinez, 617-918-1867; Doug Koopman, 617-918-1747.

Defendants (1)

• COOLEY INCNamed in complaintNamed in settlement

Facilities (1)

• COOLEY INC

  50 ESTEN AVE, PAWTUCKET, RI, 02860

  Registry ID: 110000312251

Statutes cited

• CAA 111 — New Source Performance Standards
• RCRA 3008 — Res Conserv & Rec Act
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• COOLEY INCentered 2002-07-08

  Primary law: CAA

  Federal penalty: $325,000 · SEP: $1,539,000

Timeline (8 milestones)

• 1998-09-28Referred To Headquarters
• 1998-09-28Referred To Dept Of Justice
• 1998-10-14Enforcement Action Data Entered
• 2002-04-03Complaint Filed With Court
• 2002-04-03Final Order Lodged
• 2002-07-08Concluded
• 2002-07-08Final Order Entered
• 2014-03-27Demand for Stipulated Penalties