EPA v. CONGOLEUM CORP

Case summary

THIS IS A CIVIL ACTION CONCERNING VIOLATIONS OF THE CAA BY CONGOLEUM CORPORATION IN TRENTON, NJ. CONGOLEUM OPERATES A VINYL FLOOR COVERING MANUFACTURING PLANT. PART OF THE OPER- ATION IS ROTOGRAVURE PRINTING WHICH EMITS VOS IN VIOLATION OF THE NJ SIP. PROPOSED RELIEF SOUGHT: A) INJUNCTIVE RELIEF REQUIRING INSTALLATION OF EMISSION ABATEMENT EQUIPMENT ON THE ROTOGRAVURE PRINTING OPERATIONS; B) CIVIL PENALTIES: A PENALTY IN ACCORD WITH EPA PENALTY POLICIES HAS BEEN COMPUTED TO BE $43,000. SIGNIFICANT NATIONAL OR PRECEDENTIAL ISSUES: A) ATTENTION MUST BE PAID TO DEFINING ADEQUATELY THE COMP- PLIANCE DEMONSTRATION PROCEDURES. B) A BUBBLE ISSUE SIMILAR TO THAT WHICH AROSE IN A SIMILAR CASE INVOLVING A CONGOLEUM FACILITY IN PENNSYLVANIA, CIVIL ACTION NO. 86-0028, U.S. V. CONGOLEUM CORP., E.D. PA. A COMPLAINT WASFILED IN JANUARY OF 1986 AND LITIGATION IS CURRENTLY ONGOING IN THE PA. CASE. THE ISSUES WHICH MAY ARISE IN THIS REFERRAL, E.G. BUBBLES & COMPLIANCE DETERMINA- TION PROCEDURES, MAY COINCIDE WITH THE PA. CASE. HOWEVER, CONGOLEUM'S PLANS FOR COMPLIANCE AT THE N.J. FACILITY ARE SUFFICIENTLY DEVELOPED SO THAT REGION II IS ABLE TO PROPOSE A CONSENT DECREE AND PLANS TO DO SO AS SOON AS POSSIBLE.

Defendants (1)

• CONGOLEUM CORPNamed in complaintNamed in settlement

Facilities (1)

• CONGOLEUM CORPORATION

  861 SLOAN AVE, HAMILTON, NJ, 086900000

  Registry ID: 110011539460

Statutes cited

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

Enforcement conclusions (1)

• CONGOLEUM CORPORATIONentered 1989-02-02

  Primary law: CAA

  Federal penalty: $135,000

Timeline (7 milestones)

• 1987-03-31Referred To Dept Of Justice
• 1987-07-20Referred TO U.S. Attorney
• 1987-07-20Complaint Filed With Court
• 1989-02-02Final Order Lodged
• 1989-02-02Final Order Entered
• 1989-02-02Concluded
• 1992-07-08Enforcement Action Closed