EPA v. ESSELTE PENDAFLEX CORP

Case summary

ESSELTE PENDAFLEX CORPORATION ( PENDAFLEX ), MOONACHIE, N.J. MANUFACTURES & SELLS OFFICE FURNITURE. IN FABRICATING ITS METAL OFFICE FURNITURE, PENDAFLEX APPLIES A NONCOMPLIANT PAINT COATING, EMITTING UNACCEPTABLY HIGH LEVELS OF VOLATILE ORGANIC SUBSTANCES ( VOS )INTO THE ATMOSPHERE. THESE EMIS- SIONS ARE IN VIOLATION OF N.J.A.C. 7:27-16.5, PART OF N.J.'S SIP. THE NJ DEP ENTERED A CONSENT ORDER, DATED 1/31/83, ORDER- ING PENDAFLEX TO PHASE OUT ITS USE OF A NONCOMPLIANT COATING AND REFORMULATE. ON 6/12/85, NJ DEP ISSUED 2 NOTICES OF PROSECUTION. EACH ASSESSED A PENALTY OF $2,500. PROPOSED REMEDY SOUGHT : PENDAFLEX SHOULD BE DIRECTED TO TAKE APPROPRIATE ACTIONS, SUCH AS REFORMULATING ITS COAT- INGS, TO PROMPTLY ACHIEVE COMPLIANCE W/ N.J.A.C. 7:27-16.5 & SHOULD BE ORDERED TO PAY A PENALTY OF $165,000. THIS REFERRAL REQUESTS THAT THE DOJ INITIATE A CIVIL ACTION AGAINST PENDAFLEX PURSUANT TO THE CAA SECTION 113(B). * FACILITY ADDRESS: 10 CEASAR PLACE MOONACHIE, NJ 07074 OWNERSHIP: PRIVATE SIC CODE: EPID# NJD096191135

Defendants (1)

• ESSELTE PENDAFLEX CORPNamed in complaintNamed in settlement

Facilities (1)

• ESSELTE PENDAFLEX CORPORATION

  10 CAESAR PLACE, MOONACHIE, NJ, 07074

  Registry ID: 110001538131

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ESSELTE PENDAFLEX CORPentered 1987-11-05

  Primary law: CAA

  Federal penalty: $110,000

Timeline (7 milestones)

• 1985-08-19Referred To Dept Of Justice
• 1985-10-29Referred TO U.S. Attorney
• 1985-11-25Complaint Filed With Court
• 1987-11-05Final Order Lodged
• 1987-11-05Final Order Entered
• 1987-11-05Concluded
• 1989-05-01Enforcement Action Closed