EPA v. KESSEL LUMBER SUPPLY, INC.

Case summary

The RJO issued an Initial Decision and Default Order ( Initial Decision”) against the Respondent in this matter on August 11, 2011 and served the Initial Decision upon the Respondent on that same date. The Initial Decision orders Respondent to pay a civil penalty of $335,816.00 to the Agency. Pursuant to the Consolidated Rules of Practice (40 C.F.R. Part 22), the Initial Decision became a Final Order on September 26, 2011 (yesterday) upon the Respondent’s failure to move to set aside the Initial Decision or appeal it to the Environmental Appeals Board ( EAB ) within 30 days of its service and the EAB’s determination not to review the Initial Decision sua sponte within 45 days of its service. We have confirmed that the EAB has, in fact, placed this matter into its Closed Docket .

Defendants (1)

• KESSEL LUMBER SUPPLY, INC.Named in complaintNamed in settlement

Facilities (1)

• KESSEL LUMBER SUPPLY, INC.

  NEW CREEK DRIVE, KEYSER, WV, 26726

  Registry ID: 110007874960

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• KESSEL LUMBER SUPPLY, INC.entered 2011-09-26

  Primary law: RCRA

  Federal penalty: $335,816

Timeline (3 milestones)

• 2006-09-12Complaint Filed/Proposed Order
• 2006-10-10Enforcement Action Data Entered
• 2011-09-26Final Order Issued