EPA v. BERGER INDUSTRIES INC

Case summary

THIS IS A CIVIL ACTION PURSUANT TO CAA, SECTION 113(B)(1), 42 USC 7413(B)(1). THIS ACTION IS BASED ON A SIP VIOLATION; BERGER INDUSTRIES EMITS VOC IN EXCESS OF THE 3.0 LBS. VOC/ GALLON (LESS WATER) SET OUT IN 6 NYCRR PART 228.7, TABLE 1, FOR MISCELLANEOUS METAL PART COATING. VIOLATIONS UPON WHICH THIS ACTION IS BASED: VIOLATIONS OF THE NY SIP STD FOR VOC EMISSIONS; ENFORCEMENT AUTHORITY, CAA 113(B)(1); DOCUMENTED CONTINUING VIOLATION OF THE SIP STDS FOR VOC; ENFORCEMENT AUTHORITY, CAA 113(B)(1); VIOLATION OF AN ADMINISTRATIVE ORDER, CAA 113(B)(1). PROPOSED RELIEF SOUGHT: INJUNCTIVE RELIEF REQUIRING BERGER TO CLOSE ITS CONDUIT COATING OPERATIONS SHOULD BE SOUGHT IF THE COMPANY FAILS TO MEET ITS SELF-IMPOSED CLOSING DATE OF AUGUST 31, 1986; CIVIL PENALTIES: TOTAL PROPOSED PENALTY: $83,188: THIS PENALTY CALCULATION IS UNMITIGATED; SHOULD BERGER PROVIDE RELEVANT INFORMATION DURING SETTLEMENT DISCUSSIONS, IT MAY BE NECESSARY FOR EPA TO RECALCULATE THE CIVIL PENALTY.

Defendants (1)

• BERGER INDUSTRIES INCNamed in complaintNamed in settlement

Facilities (2)

• BERGER INDUSTRIES INCORPORATED

  74-16 GRAND AVENUE, MASPETH, NY, 11378

  Registry ID: 110002093387

• BERGER INDUSTRIES INCORPORATED

  74-16 GRAND AVENUE, MASPETH, NY, 11378

  Registry ID: 110002093387

Statutes cited

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

Enforcement conclusions (1)

• BERGER INDUSTRIES INCentered 1987-10-27

  Primary law: CAA

  Federal penalty: $19,600

Timeline (6 milestones)

• 1986-06-30Referred To Dept Of Justice
• 1987-01-05Complaint Filed With Court
• 1987-10-27Concluded
• 1987-10-27Enforcement Action Closed
• 1987-10-27Final Order Lodged
• 1987-10-27Final Order Entered