EPA v. KINGSFORD MANUFACTURING CO.

Case summary

ON SEPTEMBER 26, 1997, EPA REFERRED TO DOJ A CASE SEEKING CIVIL PENALTIES OF $2,220,500 AND INJUNCTIVE RELIEF VALUED AT $2,825,000 TO ADDRESS VIOLATIONS OF THE CAA, AND THE WEST VIRGINIA STATE IMPLEMENTATION PLAN AT THE KINGSFORD MANUFACTURING COMPANY'S (KINGSFORD) CHARCOAL MANUFACTURING LOCATED IN BERYL, WV. SPECIFICALLY, EPA ALLEGES THAT KINGSFORD VIOLATED SECTION 2.01 OF THE WV SIP (CSR 45-7-3.1) (RELATING TO OPACITY OF SMOKE AND PARTICULATE MATTER EMISSIONS) AND SECTION 3.01 (CSR 45-7-4.1) OF WV SIP (RELATING TO EMISSION LIMITS FOR PARTICULATES). KINGSFORD HAD PREVIOUSLY SETTLED THE PARTICULATE MATTER EMISSIONS VIOLATIONS WITH THE STATE OF WV IN A CONSENT ORDER OBLIGATING KINGSFORD TO IMPLEMENT ESSENTIALLY THE SAME IN- JUNCTIVE RELIEF REQUESTED BY EPA. THE STATE ASSESSED NO CIVIL PENALTY IN THAT ACTION BUT KINGSFORD DID GIVE THE STATE A $50,000 GIFT IN LIEU OF A PENALTY.

Defendants (1)

• KINGSFORD MANUFACTURING CONamed in complaintNamed in settlement

Facilities (2)

• KINGSFORD MANUFACTURING COMPANY

  RTE. 46, BERYL, WV, 26726

  Registry ID: 110000586205

• KINGSFORD MANUFACTURING COMPANY

  RTE. 46, BERYL, WV, 26726

  Registry ID: 110000586205

Statutes cited

• CAA 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• KINGSFORD MANUFACTURING COentered 1999-01-22

  Primary law: CAA

  Federal penalty: $900,000

Timeline (7 milestones)

• 1997-09-26Referred To Dept Of Justice
• 1997-09-29Enforcement Action Data Entered
• 1998-03-05Complaint Filed With Court
• 1999-01-22Final Order Lodged
• 1999-01-22Final Order Entered
• 2000-06-07Concluded
• 2000-06-07Enforcement Action Closed