EPA v. FRANK, ROBERT A (JOHNSON BRONZE CO #2)

Case summary

THIS IS A REFERRAL UNDER SECTION 104E OF CERCLA. THE RECOMMENDED ACTION SEEKS TO IMPOSE PENALTIES FOR PROVIDING NO RESONSES, INADEQUATE RESPONSES, AND RESPONSES WITH EXCESSIVE DELAYS, AS WELL AS REQUIRE PRODUCTION OF IMFORMATION AND DOCUMENTS SOUGHT BY EPA IN SEVERAL OF ITS CERCLA 104E INFORMATION REQUESTS. EPA PREVIOUSLY REFERRED A COST RECOVERY ACTION UNDER SECTION 107 OF CERCLA TO THE DEPARTMENT OF JUSTICE REGARDING THIS SITE ON 8/12/94 AND THAT REFERRAL CONTAINS COMPLETE INFORMATION REGARDING THE SPECIFICS OF THIS CASE. THE CERCLA 107 REFERRAL WAS NOT FILED BY THE DEPARTMENT OF JUSTICE DUE TO INSUFFICIENT EVIDENCE REGARDING, INTER ALIA, THE PRPS ABILITY TO REIMBURSE EPA'S RESPONSE COSTS. SUCH EVIDENCE MIGHT HAVE BEEN AVAILABLE HAD THE ABOVE CAPTIONED DEFENDANTS PROPERLY RESPONDED TO CERCLA 104E REQUESTS. THE PRIMARY PURPOSE OF THIS REFERRAL IS TO PRESERVE THE PRESENT AND FUTURE INTEGRITY OF EPA'S INFORMATION GATHERING AUTHORITY UNDER SECTION 104E OF CERCLA, AS WELL AS SIMILIAR INFORMATION GATHERING AUTHORITIES THAT HAVE BEEN ESTABLISHED PURSUANT TO THE CLEAN WATER ACT, CLEAN AIR ACT, TOXIC SUBSTANCES CONTROL ACT, ETC. TO THAT END, IT IS IMPERATIVE THAT THE NAMED DEFENDANTS BE COMPELLED TO PAY CIVIL PENALTIES FOR THEIR REPEATED BLATANT AND CALLOUS FAILURE TO COMPLY WITH EPA'S 104E REQUESTS. THE IMPOSITION OF CIVIL PENALTIES WILL HAVE SIGNIFICANT SPECIFIC AND GENERAL DETERENCE VALUE BECAUSE IT IS WELL ESTABLISHED THAT THE MAIN PURPOSE OF THE PENALTY IS TO DETER THE VIOLATOR AND OTHERS FROM COMMITTING FUTURE VIOLATIONS. UNITED STATES V. SMITHFIELD FOODS, INC, ET AL. LEXUS NO (E.D. VA.)(1997). DETERENCE IS EFFECTIVE ONLY TO THE EXTENT THAT THE RISK OF INCURRING SIGNIFICANT CIVIL PENALTIES FOR NONCOMPLIANCE IS REAL AND SUBSTANTIAL. TO ENSURE THAT THE REGULATED COMMUNITY UNDERSTANDS THAT EPA IS SERIOUS ABOUT ENFORCING ITS 104E AUTHORITY, PEOPLE MUST UNDERSTAND THAT THE RISK OF VIOLATING CARRIES WITH IT THE VERY REAL RISK OF CIVIL ACTION. BECAUSE THIS CASE IS PRIME FOR CIVIL ACTION, AND BECAUSE THE PRESERVATION OF EPA'S INFORMATION GATHERING AUTHORITY IS INTEGRAL TO ITS ABILITY TO CARRY OUT ITS MISSION, THE REFERRAL OF THIS MATTER IS JUSTIFIED AND WELL WORTH THE RESOURCES OF BOTH EPA AND DOJ.

Defendants (1)

• FRANK, ROBERT ANamed in complaintNamed in settlement

Facilities (1)

• JOHNSON BRONZE COMPANY NUMBER 2

  500 S MILL ST, NEW CASTLE, PA, 16103

  Registry ID: 110001203965

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• FRANK, ROBERT Aentered 2000-08-21

  Primary law: CERCLA

  Federal penalty: $1,000

Timeline (9 milestones)

• 1997-09-30Referred To Headquarters
• 1997-09-30Referred To Dept Of Justice
• 1997-09-30Referred TO U.S. Attorney
• 1997-10-02Enforcement Action Data Entered
• 1998-10-23Complaint Filed With Court
• 2000-08-21Final Order Lodged
• 2000-08-21Final Order Entered
• 2000-08-21Concluded
• 2001-09-04Enforcement Action Closed