EPA v. LEHIGH CARTING CO

Case summary

NATURE OF THE CASE LEHIGH CARTING VIOLATED SEC. 114 OF THE CLEAN AIR ACT WHEN IT FAILED TO RESPOND TO AN EPA INQUIRY W/IN THE REQUIRED TIME PERIOD & SUBSEQUENTLY SUBMITTED INFORMATION THAT REGION 2 LATER DETERMINED TO BE FALSE & INCOMPLETE. LEHIGH DENIED THAT INCINERATION OCCURRED AT ITS BROOKLYN, N.Y. FACILITY, BUT AFTER CONDUCTING AN INSPECTION PURSU- ANT TO A COURT WARRANT, EPA ESTABLISHED THAT THE CO. WAS ENGAGED IN ILLEGAL NIGHTTIME INCINERATION OF WOOD & OTHER REFUSE. THE CASE REPRESENTS AN OPPORTUNITY TO PENALIZE A SOURCE WHICH OPERATED CLANDESTINELY DURING THE NIGHT WITH OUT REQUIRED AIR POLLUTION PERMITS OR CONTROLS & WHICH HAD, IN THE PAST, ENGAGED IN ILLEGAL OPEN BURNING AT ITS PLANT PREMISES. REGION 2 HAS REACHED A SETTLEMENT W/THE CO. PROVI- DING FOR THE CESSATION OF THE ILLEGAL INCINERATION ACTI- VITY & THE IMPOSITION OF A CIVIL PENALTY OF $4000. AS A RESULT, THE CASE WILL PLACE MINIMAL STRAIN ON AGENCY RE- SOURCES. PLEASE NOTE THAT THE CO. HAS ALREADY SIGNED A CD EMBODYING THIS SETTLEMENT.

Defendants (1)

• LEHIGH CARTING CO.Named in complaintNamed in settlement

Facilities (2)

• LEHIGH CARTING COMPANY

  485 SCOTT AVENUE, BROOKLYN, NY, 11201

  Registry ID: 110001570960

• LEHIGH CARTING COMPANY

  485 SCOTT AVENUE, BROOKLYN, NY, 11201

  Registry ID: 110001570960

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• LEHIGH CARTINGentered 1983-02-28

  Primary law: CAA

  Federal penalty: $4,000

Timeline (8 milestones)

• 1982-09-23Referred To Headquarters
• 1982-12-22Referred To Dept Of Justice
• 1983-02-04Referred TO U.S. Attorney
• 1983-02-22Complaint Filed With Court
• 1983-02-28Final Order Lodged
• 1983-02-28Final Order Entered
• 1983-02-28Concluded
• 1985-02-28Enforcement Action Closed