EPA v. M.J. CATALDO

Case summary

On May 31, EPA entered into a TSCA Consent Agreement and Final Order (CAFO) with M.J. Cataldo, Inc., a landscape and construction company based in Littleton, Massachusetts. The CAFO resolves an allegation of one violation of 40 C.F.R. S 761.20(c), which prohibits distribution in commerce of polychlorinated biphenyls (PCBs) except under qualifying circumstances, none of which apply to M.J. Cataldo's actions. M.J. Cataldo voluntarily disclosed to EPA that it had paid another company to accept demolition waste which M.J. Cataldo did not realize, at the time of the transaction, contained PCBs. The settlement does not provide for mitigation as the other company resold the PCBs as recycled concrete and the ultimate destination of that concrete is unknown. M.J. Cataldo will pay a civil penalty of $12,500. The subject rule is not delegated to Massachusetts, but MassDEP was copied on M.J. Cataldo's initial disclosure to EPA and we will notify MassDEP of the conclusion of this matter.

Defendants (1)

• M.J. Cataldo, Inc.Named in complaintNamed in settlement

Facilities (1)

• MJ CATALDO INC (AT LITTLETON ELECTRIC LIGHT & WATER DEPT)

  257 KING STREET, LITTLETON, MA, 01460

  Registry ID: 110071434868

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• M.J. CATALDOentered 2023-05-31

  Primary law: TSCA

  Federal penalty: $12,500

Timeline (3 milestones)

• 2023-05-31Final Order Issued
• 2023-05-31Complaint Filed/Proposed Order
• 2023-06-05Enforcement Action Data Entered