EPA v. KIMMINS ENVIRONMENTAL SERVICES, D/B/A KIMMINS CONTRACTING

Case summary

THIS IS A CIVIL ACTION AGAINST KIMMIUS ENVIRONMENTAL SERVICES CORPORATION, D/B/A KIMMIUS CONTRACTING CORPORTAION AND U.S. AGRI-CHEMICALS, INC. FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413(B). DEFENDANTS AGRI-CHEMICALS CONTRACTED WITH KIMMIUS TO DEMOLISH PARTS OF ITS PHOSPHORUS AND SULPHURIC ACID PLANT LOCATED IN POLK COUNTY, FLORIDA. DEFENDANTS VIOLATED THE NESHAP PROVISIONS FOR ASBESTOS, BY THEIR FAILURE TO TIMELY NOTIFY THE STATE OF FLORIDA OF ITS INTENTIONS TO DEMOLISH, FAILURE TO WET THE ASBESTOS CON- TAINING MATERIAL DURING STRIPPING AND PRIOR TO COLLECTION OR DISPOSAL AND FAILURE TO PREVENT THE DISCHARGE OF VISIBLE EMMISSIONS TO THE AIR. THE SPECIFIC REGULATION VIOLATED ARE 42 C.F.R. SECTIONS 61.146(B)(1), 61.147(D), 61.147(E)(1) AND 61.152(B).

Defendants (2)

• KIMMINS ENVIRONMENTAL SERVICES, INC.Named in complaintNamed in settlement
• U.S. AGRI-CHEMICAL, INC.Named in complaintNamed in settlement

Facilities (1)

• US AGRI-CHEMICALS

  ST RD 60, BARTOW, FL, 33830

  Registry ID: 110000604819

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• KIMMINS ENVIRONMENTAL V. USentered 1992-12-09

  Primary law: CAA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1989-04-25Enforcement Action Data Entered
• 1989-06-30Referred To Dept Of Justice
• 1989-08-22Complaint Filed With Court
• 1992-12-09Final Order Lodged
• 1992-12-09Final Order Entered
• 1992-12-09Concluded
• 1994-02-16Enforcement Action Closed