EPA v. Elite Dry Cleaners Inc

Case summary

Respondent operated a hazardous waste management facility and stored, treated and/or disposed of hazardous waste without having obtained a permit or qualifying for interim status, and did so for an extended period of time. Respondent treated or disposed of in an unauthorized manner perc and mercury-contaminated hazardous waste. In addition, Respondents released mercury vapor to the atmosphere through the disposal of spent fluorescent light bulbs as trash in the regular garbage; released tetrachloroethylene (a.k.a. perchloroethylene or perc ) vapor to the atmosphere through the disposal of perc-contaminated waste as trash in the regular garbage; released perc to the environment through the disposal of perc-contaminated wastewater down-the-drain; storaged perc solvent and perc wastes in drums in an enclosed, open-air gallery, risking release in the event of a spill or leak as any spills would drain directly off the property into storm sewers; and stored hazardous waste perc in open drums and open containers. Such storage increases the release of perc into the air, the risk of spills and the health risk to employees and others in the vicinity of the facility who may be exposed to perc, a volatile organic compound. This Case Action brings a halt to the aforementioned activities and substantially reduces, releases and the risk of releases of hazardous wastes thru injunctive relief and employs a pollution prevention SEP to further reduce environmental pollutants and human health risks. Note: Complaint was served to both Maurice G. Povlin, President, and Beverly Povlin, Secretary and Treasurer. Subsequent to the filing of the Complaint, Kilroy, Inc., d/b/a/ Kilroy’s Laundry & Dry Cleaning notified EPA that it had purchased the Elite dry cleaning operation on January 1, 2006. Kilroy acquired Elite and its liabilities and has negotiated with EPA and entered into this CA/FO as the successor corporation to Elite.

Defendants (4)

• Elite Dry Cleaners Inc (SB)Named in complaint
• Kilroy's Laundry & Dry Cleaning (SB)Named in settlement
• Beverly PovlinNamed in complaint
• Maurice G. PovlinNamed in complaint

Facilities (1)

• ELITE DRY CLEANERS

  259 ENIGHED CRUZ BAY, ST JOHN, VI, 00831

  Registry ID: 110006459224

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Elite Dry Cleaners Incentered 2009-03-30

  Primary law: RCRA

  Federal penalty: $2,330 · SEP: $5,036

Timeline (4 milestones)

• 2006-09-25Complaint Filed/Proposed Order
• 2006-10-13Enforcement Action Data Entered
• 2009-03-30Enforcement Action Closed
• 2009-03-30Final Order Issued