EPA v. E.I. DuPont de Nemours and Company

Case summary

THIS IS A CIVIL ACTION PURSUANT TO RCRA SECTION 3013(E), 42 USC 6934(E), AGAINST THE DEFENDANT FOR VIOLATION OF AN EPA ADMINISTRATIVE ORDER, INDEX NO. II RCRA-85-3013-50202. ON 5/14/85, DEFENDANT FILED A LAWSUIT CHALLENGING THE ORDER & THE CONSTITUTIONALITY OF RCRA 3013, BOTH ON ITS FACE AND AS APPLIED (DUPONT V. DAGGETT, CIVIL NO. 85-0626-E). ON JUNE 10, THE COURT DENIED THE REQUEST FOR A PRELIMINARY INJUNCTION. IN ITS OPINION, THE COURT QUESTIONED EPA'S POSI TION THAT SECTION 3013 DOES NOT AUTHORIZE PRE-ENFORCEMENT REVIEW. THE PROPOSED CIVIL ACTION WOULD BE FILED AS A COUNTERCLAIM ACCOMPANYING EPA'S ANSWER. THE COUNTERCLAIM WOULD ASK FOR THE MAXIMUM PENALTY UNDER 3013(E) OF $5,000 PER DAY FOR VIOLATION OF THE ORDER. THE COUNTERCLAIM WOULD NOT SEEK SPECIFIC ENFORCEMENT; EPA INTENDS TO PERFORM ITHE WORK THE DEFENDANT REFUSED TO DO, & THEN SEEK COST RECOVERY, PURSUANT TO SECTIONS 3013 OF RCRA & 104 & 107 OF CERCLA.

Defendants (1)

• E.I. DUPONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement

Facilities (1)

• DUPONT /NECCO PARK

  56TH & PINE, NIAGARA FALLS, NY, 14304

  Registry ID: 110009262797

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• E.I. DuPont de Nemours and Companyentered 1988-01-07

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1985-07-09Referred To Headquarters
• 1985-07-10Referred To Dept Of Justice
• 1985-07-11Referred TO U.S. Attorney
• 1985-07-12Complaint Filed With Court
• 1988-01-07Final Order Lodged
• 1988-01-07Final Order Entered
• 1988-01-07Concluded
• 1992-07-20Enforcement Action Closed