EPA v. AL-CAM ENTERPRISES, INC.

Case summary

THIS CASE IS A DIRECT REFERRAL OF AL-CAM ENTERPRISES, INC. TO THE DEPARTMENT OF JUSTICE FOR LITIGATION UNDER THE CLEAN WATER ACT AND THE REFUSE ACT, REQUESTING THAT THE DOJ INITI- ATE A CIVIL ACTION PURSUANT TO SECTION 309(B) AND 311 OF THE CWA, 33 USC 1319(B) AND 1321, & THE REFUSE ACT, 33 USC 407. THIS CASE IS BEING REFERRED AS A DIRECT REFERRAL PURSUANT TO THE LETTER AGREEMENT DATED 9/29/83, BETWEEN EPA AND THE DOJ, WHICH DESIGNATED CASES INVOLVING UNAUTHORIZED DISCHAR- GES BY INDUSTRIAL DISCHARGERS AS CANDIDATES FOR REFERRAL DIRECTLY FROM THE REGIONAL OFFICES TO DOJ. THE U.S. ATTOR- NEY'S OFFICE FOR THE S.D.N.Y. HAS REFERRED THIS CASE TO EPA FOLLOWING SUBSTANTIAL INVESTIGATION AND DEVELOPMENT, INCLU- DING DRAFTING OF A COMPLAINT, AND WOULD LIKE TO FILE ASAP. THE VIOLATIONS UPON WHICH THIS ACTION IS BASED ARE: UNAUTHORIZED DISCHARGE IN VIOLATION OF CWA/301(A); DISCHARGE OF OIL IN VIOLATION OF CWA/311; AND DISCHARGE OF REFUSE IN VIOLATION OF THE REFUSE ACT. PROPOSED RELIEF SOUGHT INCLUDES: INJUNCTIVE RELIEF TO RE- QUIRE CESSATION OF UNAUTHORIZED DISCHARGE AND MITIGATION OF ENVIRONMENTAL HARM; AND INITIAL SETTLEMENT PENALTIES OF $70,000 TO $100,000. * FACILITY ADDRESS:

Defendants (1)

• AL-CAM ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (1)

• AL-CAM ENTERPRISES, INC

  653 BROADWAY, NEWBURGH, NY, 12550

  Registry ID: 110010761862

Statutes cited

• REFA 407 — REFA Section 407
• CWA 311 — Oil and Hazardous Substance Liability
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AL-CAM DBA FAMILY AFFAIR AUTOentered 1989-08-17

  Primary law: CWA

  Federal penalty: $8,000

Timeline (8 milestones)

• 1985-08-07Enforcement Action Data Entered
• 1985-10-29Referred To Dept Of Justice
• 1986-04-03Referred TO U.S. Attorney
• 1986-04-03Complaint Filed With Court
• 1989-08-17Final Order Lodged
• 1989-08-17Final Order Entered
• 1989-08-17Concluded
• 1990-01-31Enforcement Action Closed