EPA v. RUSSELL-STANLEY CORP.

Case summary

THIS IS A CIVIL ACTION AGAINST RUSSELL-STANLEY CORPORATION PURSUANT TO SECTION 113 OF THE CAA, 42 USC 7413 FOR EMISSION OF VOLATILE ORGANIC SUBSTANCES IN EXCESS OF LIMITS ALLOWED BY N.J.A.C. 7:27-16.5 (PART OF THE SIP FOR N.J.). ON 11/20/85, AN EPA ENGINEER INSPECTED THE RUSSELL-STANLEY CORP. (RS) IN WOODBRIDGE, NJ AND DISCOVERED THAT RS HAD AP- PLIED IN 1982 TO THE NJDEP FOR APPROVAL OF A BUBBLE APPLI- CATION WHICH HAS NEVER BEEN APPROVED. RS MANUFACTURES STEEL DRUMS AND PLASTICCONTAINERS. SAM- PLES OF THE VARIOUS LINER COATINGS APPLIED TO METAL BARRELS WERE COLLECTED BY THE ENGINEER TO DETERMINE WHETHER RS WAS IN COMPLIANCE WITH THE N.J. REGULATION LIMITING EMISSIONS OF VOS (N.J.A.C. 7:27-16.5 - PART OF THE SIP FOR N.J.) SHORTLY AFTER THE INITIAL INSPECTION, EPA REQUESTED, BY A SECTION 114 LETTER DATED 12/17/85, A COMPLETE DESCRIPTION OF THE RS COATINGS, VOS CONTENT, EQUIPMENT, ETC. UPON REVIEW OF THE LABORATORY ANALYSIS OF THE SAMPLES COL- LECTED ON 11/20/85 AND THE 1/29/86 RESPONSE BY RS TO THE 114 LETTER, IT WAS DETERMINED THAT RS WAS IN VIOLATION OF NJAC 7:27-16.5. A NOV (INDEX NO. 60105) WAS ISSUED ON 3/24/86. A CONFER- ENCE REGARDING THE NOV WAS HELD ON 5/9/86, AT WHICH REPRE- SENTATIVES OF RS: 1) CONCEDED THAT RS HAS BEEN IN VIOLATION OF THE REG'S. 2) CLAIMED THAT AN APPROVABLE REVISED BUBBLE APPLICATION WOULD SOON BE SUBMITTED TO NJDEP (IT WAS FILED ON 5/19/86) AND 3) IF EPA FOUND THE BUBBLE APPLICATION RS SUBMITTED TO NJDEP TO BE ACCEPTABLE, THE PROPOSAL COULD (AC- CORDING TO RS) BE IMPLEMENTED WITHIN 90 DAYS. EPA REGION II INFORMED REPRESENTATIVES OF RS THAT IT WAS PROBABLE THAT AN ENFORCEMENT ACTION AGAINST RS WOULD BE INSTITUTED, THAT A COMPLIANCE SCHEDULE NOT PREDICATED ON A BUBBLE WOULD BE RE- QUIRED, AND THAT PENALTIES BASED ON RS'S PAST NONCOMPLIANCE COULD BE EXPECTED. ON 6/4, 7/31 AND 8/7/86, AN EPA ENGINEER COLLECTED ADDI- TIONAL SAMPLES TO DETERMINE WHETHER A CONTINUING VIOLATION COULD BE DOCUMENTED. THE LABORATORY RESULTS RECEIVED ON 8/18/86 CONFIRM THAT RS CONTINUES TO BE IN VIOLATION OF NJAC 7:27-16.5. THIS IS CONFIRMED BY THE RS 114 RESPONSE & BUBBLE APPLICATION TO NJDEP. THUS, A CIVIL ACTION CAN BE INSTITUTED FOR INJUNCTIVE RELIEF & PENALTIES TO REDRESS THE VIOLATION BY RS OF THE SIP MORE THAN 30 DAYS AFTER RECEIPT OF THE NOV. EPA REGION II SEEKS INJUNCTIVE RELIEF ORDERING RS PROMPTLY TO ACHIEVE COMPLIANCE & TO PAY ABOUT $293,700 IN PENALTIES. 10-88 CD AT DNJ FOR FILING AND PUBLICATION IN FED REGISTER.

Defendants (1)

• RUSSELL-STANLEY CORP.Named in complaintNamed in settlement

Facilities (1)

• RUSSELL STANLEY CORPORATION

  14 CONVERY BOULEVARD, WOODBRIDGE, NJ, 07095

  Registry ID: 110000500930

Statutes cited

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

Enforcement conclusions (1)

• RUSSELL STANLEY CORPORATIONentered 1988-10-25

  Primary law: CAA

  Federal penalty: $75,000

Timeline (7 milestones)

• 1986-08-29Referred To Dept Of Justice
• 1987-12-30Referred TO U.S. Attorney
• 1987-12-30Complaint Filed With Court
• 1988-10-25Concluded
• 1988-10-25Final Order Lodged
• 1988-10-25Final Order Entered
• 1992-04-01Enforcement Action Closed