EPA v. OYSTER BAY, TOWN OF

Case summary

THE VIOLATIONS UPON WHICH THIS ACTION IS BASED: FAILURE TO COMPLY WITH REQUIREMENT OF THE ADMINISTRATOR, PURSUANT TO SECTION 114(A)(1)(D), TO SAMPLE EMISSIONS IN ACCORD WITH MAY 31, 1984 LETTER FROM DIRECTOR, AIR AND WASTE MANAGEMENT DIVISION, REGION II. VIOLATION OF SECTION 114 OF THE ACT. ENFORCEMENT AUTHORITY, SECTION 113(B)(4) OF THE ACT. FAILURE TO COMPLY WITH AN ORDER OF THE ADMINISTRATOR REQUIRING COMPLIANCE WITH MAY 31, 1984 REQUEST FOR EMISSIONS SAMPLING. SUCH ORDER WAS ISSUED ON MAY 20, 1985 BY THE REGIONAL ADMINISTRATOR, REGION II. ENFORCEMENT AUTHORITH, SECTION 113(B)(1) OF THE ACT. THIS ENFORCEMENT ACTION IS NOT BASED ON INSPECTION RESULTS THOUGH THERE HAVE BEEN SEVERAL INSPECTIONS. BASED ON PRE- VIOUSLY DOCUMENTED VIOLATIONS & FAILURE TO RESPOND TO EPA'S REQUEST FOR A STACK TEST, EPA ORDERED THE TOWN TO PERFORM A TEST WHICH SHOULD HAVE BEEN COMPLETED WITH A REPORT TO EPA BY DECEMBER 12, 1985. THE STACK TEST REPORTS WERE FORWARDED TO EPA ON MARCH 21, 1986, REVEALING EMISSION VIOLATIONS. EPA AND STATE AGENCY HAVE POTENTIALLY DIFFERENT POSITIONS AS TO APPROPRIATE RELIEF. STATE HAS INITIATED PORCEEDINGS AND SEEKS SHUT-DOWN OF PLANT. EPA WOULD SETTLE FOR COMPLIANCE SCHEDULE AND PENALTY. * FACILITY NAME: OYSTER BAY INCINERATOR PLANT #1 SWEET HOLLOW ROAD OLD BETHPAGE, N.Y OWNERSHIP: M SIC CODE: 4953 EPID# NYD980235550

Defendants (1)

• OYSTER BAY, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• OYSTER BAY INCIN

  SWEET HOLLOW ROAD, OLD BETHPAGE, NY, 118040000

  Registry ID: 110007148951

Statutes cited

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

Enforcement conclusions (1)

• OYSTER BAY, TOWN OFentered 1988-04-06

  Primary law: CAA

  Federal penalty: $44,000

Timeline (7 milestones)

• 1985-12-31Referred To Dept Of Justice
• 1986-09-03Referred TO U.S. Attorney
• 1987-11-06Complaint Filed With Court
• 1988-04-06Final Order Lodged
• 1988-04-06Final Order Entered
• 1988-04-06Concluded
• 1989-06-30Enforcement Action Closed