EPA v. LIPCHIK, JOHN M.

Case summary

THIS CASE INVOLVES VIOLATIONS OF TSCA, 15 U.S.C. SECTS 2601 ET SEQ, AND THE REGULATIONS THEREUNDER, ARISING FROM THE IMPROPER STORAGE & DISPOSAL OF TRANSFORMERS CONTAINING POLYCHLORINATED BIPHENOLS (PCBS) BY JOHN H. LIPCHIK & JOHN H. LIPCHIK ENTERPRISES, INC. AT THE ERIE, PENNSYLVANIA FACILITY. THE REFERRAL REQUESTS THE FILING OF A COMPLAINT, REQUESTING AN INJUNCTIVE ORDER, REQUIRING THE PROPER STORAGE AND DISPOSAL OF TRANSFORMERS. REFERRAL FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR AN INJUNCTIVE ORDER DEEMED NECESSARY BECAUSE: 1) DEF'S HAVE A HISTORY OF NON-COMPLIANCE WITH PCB REGS EVEN AFTER BE ING HELD LIABLE PURSUANT TO CIVIL ADMINISTRATIVE ACTIONS; AND 2) LIKELIHOOD EXISTS THAT DEFS WILL MOVE TRANSFORMERS DURING DEMOLITION ACTIVITIES, THERBY CREATING A SUBSTANTIAL RISK. AN INSPECTION BY EPA AND PADER PERSONNEL IN 1984 HAD REVEALED THAT THERE WERE THREE PCB TRANSFORMERS WITH A TOTAL OF 1,320 GALLONS OF PCB LIQUID ON THE SITE. THE TRANSFORMERS WERE LOCATED IN BUILDINGS THAT WERE NO LONGER IN USE AND THE TRANSFORMERS THEMSELVES HAD NOT BEEN IN USE FOR AT LEAST THREE YEARS. ON NOVEMBER 15, 1984 A COMPLAINT WAS SERVED ALLEGING THAT JOHN M. LIPCHICK ENTERPRISES, INC. HAD FAILED TO MARK ONE TRANSFORMER IN STORAGE FOR RE-USE AND HAD FAILED TO PREPARE AND MAINTAIN ANNUAL DOCUMENTS AND QUARTERLY IN- SPECTION REPORTS FOR THE PCB TRANSFORMERS IN STORGAE FOR RE- USE. ON JULY 3, 1985 AN EPA ADMINISTRATIVE CONSENT AGREEMENT AND ORDER, IN WHICH THE COMPANY AGREED TO PAY A $1,871.00 CIVIL PENALTY, WAS EXECUTED. ON MAY 15, 1986 A FOLLOW-UP INSPECTION WAS CONDUCTED OF THE FACILITY TO DETERMINE COMPLIANCE WITH THE PCB RULE. AT THAT TIME, MR. LIPCHICK ADMITTED THAT THREE TRANSFORMERS WERE IN STORAGE FOR DISPOSAL. THE FOLLOWING VIOLATIONS WERE NOTED BY THE INSPECTOR: -THE DEFENDANTS FAILED TO PREPARE AND MAINTAIN PCB ANNUAL DOCUMENTS. -HAD NOT DATED THE PCB TRANSFORMERS WHEN THEY WERE PLACED IN STORAGE FOR DISPOSAL AND HAD NOT INSTALLED SIX INCH, CONTINUOUS, IMPERVIOUS CURBING AROUND THE THREE TRANS- FORMERS IN STORAGE FOR DISPOSAL. AS OF THE LST INSPECT- ION, THE FLOORS, WALLS AND CEILINGS WERE ADEQUATE.

Defendants (2)

• LIPCHICK, JOHN M.Named in complaint
• LIPCHIK ENTERPRISES, JOHN M., INC.Named in complaint

Facilities (1)

• LIPCHIK ENTERPRISES

  20TH & LIBERTY AVE, ERIE, PA, 16510

  Registry ID: 110011576026

Statutes cited

• TSCA 17 — Toxic Sub Control Act
• TSCA 6 — Regulation of Hazardous Chemical Substances and Mixtures (includes Asbestos and PCBs)

Timeline (5 milestones)

• 1987-03-31Referred To Headquarters
• 1987-05-21Referred To Dept Of Justice
• 1987-11-30Complaint Filed With Court
• 1990-07-13Concluded
• 1990-07-13Enforcement Action Closed