EPA v. FRIED INDUSTRIES INC & PHILIP FRIED

Case summary

THIS IS A CIVIL ACTION AGAINST THE CONTINUED OPERATION OF THE CHEMICAL MANUFACTURING FACILITY LOCATED IN E. BRUNSWICK, N.J. BY FRIED INDUSTRIES, INC. & PHILLIP FRIED, ITS PRESI- DENT AND PRINCIPAL OWNER. SECTIONS 3005, 3008 & 3010 OF RCRA, 42 USC 6928 ARE THE BASIS FOR THE ACTION. IN 12/85, EPA EXECUTED A CRIMINAL SEARCH WARRANT AT THE FRIED INDUSTRIES SITE & FOUND CRIMINAL VIOLATIONS OF RCRA & CERCLA. A CRIMINAL ACTION WAS BROUGHT & FRIED INDUSTRIES PLEADED GUILTY TO ONE COUNT EACH OF VIOLATION OF RCRA & CERCLA. IN 5/85, THE SITE WAS REINSPECTED. ANALYSIS OF THE SAMPLES TAKEN AT THIS TIME INDICATED THAT FRIED INDUSTRIES WAS STILL DISPOSING OF HAZARDOUS WASTE IN VIOLATION OF RCRA. THE FEDERAL DISTRICT CT. FOR THE DIST. OF N.J. SENTENCED FRIED INDUSTRIES TO A CRIMINAL PENALTY OF $40,000 TO BE PAID AT A RATE OF $400 PER MONTH. THIS PENALTY WILL NOT CAUSE IT TO CEASE OPERATIONS. PROPOSED RELIEF SOUGHT: PERMANENT INJUNCTION AGAINST CON- TINUED MANUFACTURING OPERATIONS AT THE SITE. * FACILITY: FRIED INDUSTRIES INC (F I INDU 11 FRESH POND RD EAST BRUNSWICK, NJ 08816 OWNERSHIP: P SIC CODE: 2841 EPID# NJD041828906

Defendants (2)

• FRIED INDUSTRIES INCNamed in complaintNamed in settlement
• FRIED, PHILIPNamed in complaintNamed in settlement

Facilities (1)

• FRIED INDUSTRIES SITE USEPA

  11 FRESH PONDS ROAD, EAST BRUNSWICK, NJ, 088162500

  Registry ID: 110004151649

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• RCRA 3010 — Notification of Hazardous Waste Activity
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• FRIED INDUSTRIES INCentered 1987-05-26

  Primary law: RCRA

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-08Referred To Dept Of Justice
• 1986-02-24Referred TO U.S. Attorney
• 1986-03-27Complaint Filed With Court
• 1987-05-26Final Order Entered
• 1987-05-26Final Order Lodged
• 1987-05-26Concluded
• 1989-11-30Enforcement Action Closed