EPA v. EMPIRE ACE INSULATION MANUFACTURING CORPORATION

Case summary

*****FACILITY******* EMPIRE ACE INSULATION MANUFACTURING CORP. 1 COZINE AVEUNE BROOKLYN, NEW YORK 11207 ******************** FOR CASE SETTLEMENTS ONLY, DOES SETTLEMENT INCLUDE A POLLUTION PREVENTION PROVISION? NO ******************** THE STATUES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROP OSED ACTION. THIS ACTION WILL BE BASED ON SECTION 16(A) (4) OF THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. SECTION 2615 (A) (4). THE VIOLATIONS UPON WHICH THE ACTION IS BASED. DEFENDANT, AN IMPORTER AND PRIMARY PROCESSOR OF ASBESTOS FOR ASBESTOS INSULATION, WAS REQUIRED TO REPORT ASBESTOS IMPORT AND PROCESS ACTIVITIES TO EPA BY SUBMITTING EPA FORM 7710-36 ON OR BEFORE NOVEMBER 28, 1982. DEFENDANT FAILED TO SUBMIT EPA FORM 7710-36. CONSEQUENTLY, EPA FILED A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING, DOCKET NO. TSCA-ASB-8A-85-0216, AGAINST DEFENDANT. AN ADMINISTRATIVE HEARING WAS HELD. THE ADMINISTRATIVE LAW JUDGE FOUND FOR COMPLAINANT IN THE INITIAL DECISION AND ASSESSED A CIVIL PENALTY OF $15,000. DEFENDANT APPEALED THE INITITAL DECISION TO THE ADMINISTRATOR. THE CHIEF JUDICIAL OFFICER OF EPA AFFIRMED THE ADMINISTRATIVE ORDER. DEFENDANT PAID $1000 OF THE ASSESSED PENALTY AFTER TWO DEMAND LETTERS WERE SENT. NO FURTHER MONIES WERE PAID ON THE PENALTY DESPITE THE MAILING OF A SUBSEQUENT DEMAND FOR PAYMENT. A RECENT ORAL REQUEST FOR PAYMENT YIELDED PAYMENT $2500. WITH ACCRUED INTEREST, THE PENALTY REMAINS LARGELY UNPAID. DEFENDANT PAID THE PREVIOUSLY ASSESSED PENALTY BEFORE A COMPLIANT WAS FILED IN THIS MATTER. THE PENALTY OF $15,000 WAS RECEIVED IN JUNE 95 + INTEREST OF $3,020. CONFIRMATION OF PAYMENT WAS NOT RECIEVED UNTIL NOV. 30, 1995 VIA FAX. *COPY OF FAX LETTER TO FILE

Defendants (1)

• EMPIRE ACE INSULATION MANUFACUTING CORP.Named in complaintNamed in settlement

Facilities (1)

• EMPIRE ACE INSULAT

  1 COZINE AVENUE, BROOKLYN, NY, 11207

  Registry ID: 110001574546

Statutes cited

• TSCA 8A — Failure To Comply With Preliminary Assessment Inf. Reporting & Chemical Specific Recordkeeping Rules

Enforcement conclusions (1)

• EMPIRE ACE INSULATION MANUFACTURING CORPORATIONentered 1995-11-30

  Primary law: TSCA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1993-05-10Enforcement Action Data Entered
• 1993-08-27Referred To Dept Of Justice
• 1995-11-30Final Order Entered
• 1995-11-30Complaint Filed With Court
• 1995-11-30Concluded
• 1995-11-30Enforcement Action Closed
• 1995-11-30Final Order Lodged