EPA v. CAROLINA TRANSFORMER CO., INC.

Case summary

NATURE OF THE CASE THIS IS A DIRECT REFERRAL PURSUANT TO THE SEPTEMBER 29, 1983, LETTER AGREEMENT BETWEEN EPA & DOJ & THE RECENT ADDENDUM TO INCLUDE TSCA COLLECTION CASES FOR UN- PAID ADMINISTRATIVELY ASSESSED PENALTIES. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: THE IM- PORTANCE OF PURSUING THIS ACTION IS TO ENSURE THAT THE REG- ULATED COMMUNITY WILL TAKE SERIOUSLY ADMINISTRATIVELY AS- SESSED PENALTIES. IT SHOULD ALSO BE NOTED THAT A RECOVERY ACTION HAS BEEN FILED BY THE JUSTICE DEPARTMENT AGAINST CAROLINA TRANSFORMER CO., INC., FOR EXPENDITURES RELATED TO CLEAN-UP OF THE SITE WHICH WAS THE SUBJECT OF THE ADMINISTRATIVE PROCEEDING. SANDY BRIDGES, FTS 633-4080, IS THE ATTORNEY HANDLING THE MATTER. IT IS SUGGESTED THAT THIS CLAIM FOR RECOVERY OF THE ADMINIS- TRATIVE PENALTY BE JOINED WITH THE COST RECOVERY SUIT SINCE THE TWO ACTIONS INVOLVE THE SAME DEBTOR AND THE SAME PROPER- TY. RECOMMENDED ACTION: THIS OFFICE RECOMMENDS THAT COLLECT- ION PROCEEDINGS BE COMMENCED IMMEDIATELY AGAINST CAROLINA TRANSFORMER CO., INC., PURSUANT TO SECTION 16(A)(4) OF TSCA BY JOINING THIS CLAIM WITH THE CLAIM ALREADY FILED FOR COST RECOVERY.ALSO, A JUDICIAL SALE OF THE PROPERTY WHICH WAS THE CLEAN-UP SITE WILL OCCUR ON JULY 3, 1985, IN CUMBERLAND COUNTY, NORTH CAROLINA. SINCE THIS MAY BE THE ONLY ASSETS OF THE DEBTOR, THE FEDERAL GOVERNMENT MAY WISH TO BE PRESENT AT THE SALE.

Defendants (1)

• CAROLINA TRANSFORMER CO., INC.Named in complaint

Facilities (1)

• CAROLINA TRANSFORMER CO.

  HWY 301 N EASTERN BLVD, FAYETTEVILLE, NC, 28301

  Registry ID: 110009296305

Statutes cited

• TSCA 16A4 — Failure to Pay Civil Penalty
• TSCA 16A — Toxic Sub Control Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: TSCA

Timeline (6 milestones)

• 1985-06-28Referred To Dept Of Justice
• 1985-08-20Complaint Filed With Court
• 1989-03-31Final Order Lodged
• 1989-03-31Final Order Entered
• 1989-03-31Concluded
• 1989-03-31Enforcement Action Closed