EPA v. OWNBEY ENTERPRISES, INC.

Case summary

THIS IS A PROPOSED CIVIL ACTION FOR INJUCTIVE RELIEF TO COMPEL COMPLIANCE AND TO COLLECT STIPULATED AND STATUTORY PENALTIES FOR VIOLATION OF A CONSENT ADMINISTRATIVE ORDER ENTERED INTO PURSUANT TO THE CORRECTIVE ACTION PROVISIONS OF THE UNDERGROUND STORAGE TANK SECTION OF RCRA. THE ORDER, DOCKET NO. RCRA-UST-IV-88-008, WAS ISSUED FEBRUARY 15, 1989 BY THE DIVISION DIRECTOR, DELEGATED BY THE ADMINISTRA- TOR OF EPA. OWNBEY ENTERPRISES, INC. ( OWNBEY ) EXPRESSLY REPUDIA- TED THE AFORE-CITED CONSENT ADMINISTRATIVE ORDER. VIOLA- TIONS INVOLVE THE FAILURE TO PROVIDE A PERMANENT ALTERNATE HOUSEHOLD WATER SUPPLY, FAILURE TO IMPLEMENT ITS CORRECTIVE ACTION PLAN AND FAILURE TO PAY STIPULATED PENALTIES WHICH BEGAN TO ACCRUE JULY 20, 1990. EPA SEEKS INJUNCTIVE RELIEF INVOLVING COMPLIANCE WITH THE ADMINISTRATIVE ORDER. COMPLIANCE WOULD REQUIRE THE PROVISION OF A PERMANENT WATER SUPPLY TO THE USERS OF A PRIVATE DRINKING WATER WELL, AND INSTALLATION AND OPERATION OF A GROUND WATER CONTAMINATED WITH PETROLEUM CONSTITUENTS. THE PENALTIES BEGAN TO ACCURE ON JULY 20, 1990, AND WILL CONTINUE TO ACCRUE UNTIL A PERMANENT WATER SUPPLY IS PROVIDED AND CORRECTIVE ACTION IS COMMENCED IN ACCORDANCE WITH THE ORDER. TOTAL STIPULATED PENALTIES ACCURED THROUGH NOVEMBER 15, 1990 ARE $28,700 AND THE MAXIMUM STATUTORY PENALTY IS $2,975,000. THE MAJOR VIOLATION IN THIS CASE IS THE EXPRESS REPUD- IATION OF THE CORRECTIVE ACTION PLAN WHICH HAD BEEN PROPOS- ED BY OWNBEY, ACCEPTED BY EPA FOLLOWING A PUBLIC NOTICE PERIOD, AND PARTIALLY IMPLEMENTED BY OWNBEY.

Defendants (1)

• OWNBEY ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (1)

• DEEP SPRINGS GROCERY

  1610 BEAVERDALE RD NE, DALTON, GA, 30720

  Registry ID: 110010754451

Statutes cited

• RCRA 9006 — Federal Enforcement: Compliance Orders, Procedure, contents, Civil Penalties

Enforcement conclusions (1)

• OWNBEY ENTERPRISES, INC.entered 1994-05-31

  Primary law: RCRA

  Federal penalty: $27,500

Timeline (8 milestones)

• 1988-08-10Enforcement Action Data Entered
• 1991-02-04Referred To Dept Of Justice
• 1991-03-22Referred TO U.S. Attorney
• 1991-03-27Complaint Filed With Court
• 1994-05-31Final Order Lodged
• 1994-05-31Final Order Entered
• 1994-05-31Concluded
• 1994-12-23Enforcement Action Closed