EPA v. HENRY LINK CORPORATION

Case summary

U.S. V. HENRY LINK CORPORATION AND DIXIE FURNITURE COMPANY, INC. DEFENDANTS OWN AND OPERATE A FURNITURE PLANT IN LEXINGTON, NORTH CAROLINA - PLANT NO. 2 (HL2), WHICH WAS CONSTRUCTED IN 1980 WITHOUT RECEIVING A PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT AS REQUIRED UNDER THE CLEAN AIR ACT, THE DEFENDANTS HAD OBTAINED A NORTH CAROLINA PERMIT WHICH RESTRICTED HL2 EMISSIONS TO LESS THAN THE APPLICABILITY LEVEL OF PSD. HOWEVER, THE DEM FOUND HL2 OPERATED IN EXCESS OF ITS PERMIT LIMITS AND HL2'S ACTUAL EMMISSIONS SUBJECTED IT TO PSD. THE DEM ASSESSED AND COLLECTED A $12,640 PENALTY FOR THE PSD VIOLATIONS. HOWEVER, UNDER EPA'S PENALTY POLICY THIS AMOUNT IS INADEQUATE FOR THE VIOLATIONS. AFTER MEETING WITH THE HL2 OWNERS AND CONFERRING WITH DEM, REGION IV DECIDED TO OVERFILE AGAINST HL2, FOR A LARGER PENALTY AND INJUNCTIVE RELIEF (A PSD PERMIT). THE REGION WILL ATTEMPT TO NEGOTIATE A SETTLEMENT BEFORE ACTUALLY FILING THIS ACTION.

Defendants (2)

• DIXIE FURNITURE COMPANY, INC.
• HENRY LINK CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• LEXINGTON FURNITURE INDUSTRIES PLANT 1

  411 SOUTH SALISBURY STREET, LEXINGTON, NC, 27292

  Registry ID: 110000346028

• LEXINGTON FURNITURE INDUSTRIES PLANT 1

  411 SOUTH SALISBURY STREET, LEXINGTON, NC, 27292

  Registry ID: 110000346028

Statutes cited

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

Enforcement conclusions (1)

• HENRY LINK CORPORATIONentered 1992-10-20

  Primary law: CAA

  Federal penalty: $115,000

Timeline (8 milestones)

• 1989-01-25Enforcement Action Data Entered
• 1989-06-30PRN Sent
• 1992-01-27Referred To Dept Of Justice
• 1992-08-25Complaint Filed With Court
• 1992-10-20Final Order Lodged
• 1992-10-20Final Order Entered
• 1992-10-20Concluded
• 1994-06-28Enforcement Action Closed