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02-2011-0017JudicialClosedFY 2011· Region 02

EPA v. Mario C. Pugliese - Vibratech

Dismissed By Tribunal

Case summary

EPA sent a 104(e) information request to the Defendant, who was the former owner of the Vibratech Site in Buffalo, NY where EPA performed a removal action. Despite numerous attempts to contact him and his attorney, the Defendant never responded to the information request. Supplemental referral sent to DOJ on August 8, 2012, to add a CERCLA 107(a) count. Not pursued. Dismissed by Tribunal on January 24, 2013. The basis for such dismissal is that the Defendant currently resides outside of the United States and the United States has been unable to effect service under the Federal Rules of Civil Procedure.

Defendants (1)

  • Mario C. PuglieseNamed in complaint

Facilities (1)

  • U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION II - VIBRATECH SITE

    537 EAST DELAVAN AVENUE, BUFFALO, NY, 14211-1007

    Registry ID: 110043092257

Statutes cited

  • CERCLA 104E5Violation of 104(e) Compliance Order

Timeline (5 milestones)

  • 2011-09-29Referred To Dept Of Justice
  • 2011-09-30Enforcement Action Data Entered
  • 2012-03-20Complaint Filed With Court
  • 2012-08-08Supplemental Referral-Adding parties, counts
  • 2013-01-24Enforcement Action Closed

Case metadata

EPA activity ID
2600059594
Case number
02-2011-0017
Lead agency
EPA
Branch
NYSUP
EPA region
02
Voluntary self-disclosure
No
Primary statute
Violation of 104(e) Compliance Order

Sourced verbatim from EPA ECHO Enforcement Case Report for case 02-2011-0017 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.