EPA v. PLC ENTERPRISES, INC.

Case summary

DEFENDANT OPERATES PAINT MFTG. PLANT EMPLOYING MORE THAN 20 PEOPLE IN HEART OF DENSELY POPULATED CITY. IGNITABLE HAZ- ARDOUS WASTES ARE STORED IN CARELESS MANNER, ALLOWING VOLA- TILE ORGANIC WASTES TO ESCAPE INTO THE AIR, AND OTHER HAZ- ARDOUS WASTES TO FLOW INTO SEWER; THERE IS OPEN SEWER DRAIN ADJACENT TO HAZARDOUS WASTE STORAGE AREA. DEFENDANT WAS FOUND FLAGRANTLY VIOLATING RCRA REGULATIONS, ISSUED ADMINISTRATIVE COMPLAINT. DEFENDANT NEGOTIATED CON- SENT AGREEMENT WHICH IT THEN WILLFULLY AND REPEATEDLY VIO- LATED. THIS ACTION SEEKS A PERMANENT INJUNCTION IN ADDITION TO CIVIL PENALTY. HAD MADE VIRTUALLY NO ATTEMPT TO COMPLY WITH THE MANAGEMENT REQUIREMENTS OF THE RCRA REGULATIONS. FOR EXAMPLE, DEBE- VOISE HAD NO SCHEDULE OF INSPECTIONS, NO CONTINGENCY PLAN FOR EMERGENCIES, NO RECORD OF PERSONNEL TRAINING, AND NO CLOSURE PLAN. AN ADMINISTRATIVE COMPLAINT WAS ISSUED, AND FOLLOWING NEGOTIATIONS, A CONSENT AGREEMENT AND CONSENT ORDER WAS SIGNED MARCH 21, 1983. THE ORDER REQUIRED DEBEVOISE TO TAKE ACTION, AS AGREED IN THE CONSENT AGREEMENT, TO COME INTO COMPLIANCE WITH THE RCRA REGULATIONS. A SECOND INSPECTION OF THE DEBEVOISE FACILITY WAS CONDUCTED AFTER THE COMPLIANCE PERIOD, ON MAY 31, 1983, BY THE SAME EPA EMPLOYEE WHO CON- DUCTED THE EARLIER INSPECTION. THE SUMMARY OF THE REPORT OF THE SECOND INSPECTION RECOMMENDED FURTHER ENFORCEMENT ACTION AGAINST DEBEVOISE. THE SERIOUSNESS OF THIS CASE, AND HENCE, ITS ENFORCE- MENT MERIT, LIES AS MUCH IN THE BLATANT FAILURE OF DEBEVOISE TO MAKE ANY SERIOUS EFFORT TO COMPLY WITH THE RCRA REGULA- TIONS OVER A ONE YEAR PERIOD AS IN THE VIOLATIONS THEM- SELVES. THE LOCATION OF THE DEBEVOISE FACILITY IN A DENSE- LY POPULATED CITY, COMBINED WITH THE STORAGE OF IGNITABLE WASTE XYLENE GREATLY AGGRAVATE THE SERIOUSNESS OF THE VIO- LATIONS. PROPOSED REMEDY THE PROPOSED CIVIL ACTION SHOULD SEEK A CIVIL PENALTY FOR DEBEVOISE'S VIOLATIONS OF THE CONSENT AGREEENT, AND THE RCRA REGULATIONS. THE ACTION SHOULD ALSO SEEK A PERMANENT INJUNCTION TO ENJOIN DEBEVOISE'S CONTINUING VIOLATIONS AND TO ENJOIN ADDITIONAL VIOLATIONS. THE REGION II OFFICE WILL CONTACT PUBLIC LOAN COMPANY, INC. TO EMPHASIZE TO THEM THE SERIOUSNESS OF THE SITUATION AT THE DEBEVOISE FACILITY AND TO DEMAND THEIR PROMPT ACTION TO BRING THE FACILITY INTO COMPLIANCE.

Defendants (1)

• PLC ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (1)

• DEBEVOISE CO

  74 20TH ST, BROOKLYN, NY, 112321101

  Registry ID: 110004374114

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Enforcement conclusions (1)

• PLC ENTERPRISES, INC.entered 1986-03-20

  Primary law: RCRA

  Federal penalty: $22,500

Timeline (8 milestones)

• 1983-09-30Referred To Headquarters
• 1983-11-03Referred To Dept Of Justice
• 1984-03-05Referred TO U.S. Attorney
• 1984-03-12Complaint Filed With Court
• 1986-03-20Final Order Lodged
• 1986-03-20Final Order Entered
• 1986-03-20Concluded
• 1988-07-15Enforcement Action Closed