EPA v. Marc's Cleaners / Marc Eiseman (Collection Referral)

Case summary

'Collection Referral. The Respondent, Marc Eiseman (Eiseman) is indebeted to the U.S. for payment of a penalty debt and injunctive relief pursuant to an administrative Default Order. As of September 30, 2002, the outstanding amount of the debt will be $132,144.63, including interest accrued at the rate of 5 percent per annum and other charges. EPA issued a Complaint and Compliance Order (Complaint) (Docket Number RCRA-4-00-17 (ICIS Enforcement Identifier 04-2000-0827), to Eiseman on October 10, 2000, for violation of RCRA. Specifically, the complaint alleged that Eiseman violated Section 3005(a) of RCRA, by disposing of hazardous waste to the floor of a facility and the groundwater underneath the facility and that he failed to ensure treatment of the hazardous waste in a facility approved by the state, in violation of 40 CFR, Section 261.5(g)(3). Based on the complaint, Eiseman is to come into compliance with the requirements of Subtitle C of RCRA and 40 CFR, Parts 260 through 270; to make all required submittals and certification to Complainant; and to undertake the following acts within the times specified below (all days are calendar days unless otherwise specified) pursuant to Section 3008(a) of RCRA: a. Respondent shall submit a complete and adequate closure/post closure permit application for the hazardous waste disposal unit described in Paragraph 27 to the Florida Department of Environmental Protection and to the Environmental Protection Agency. This permit application shall address closure and post-closure activities to be conducted at the facility and, at a minimum, shall include all applicable requirements set forth in 40 CFR Parts 264 and 270, and FAC Chapter 17-730. This application shall also include a summary of closure and post-closure activities already undertaken as part of dry cleaning solvent assessment at the facility, and may do so by providing a summary table with references to completed reports on dry cleaning solvent assessment. b. Respondents shall submit a proposed plan to delineate the horizontal and vertical extent of the groundwater plume beneath the facility, to the Florida Department of Environmental Protection and to the Environmental Protection Agency. This proposed plan shall include a contigency plan for addressing contamination outside the facility boundaries, immediately, if the possibility of such contamination is found. On September 28, 2000, a Compliant and Compliance Order (Complaint) was also filed against the owner of the facility, Anita Katzman (See ICIS Enforcement Identifier 04-2000-0850). On the same day, a Consent Agreement and Final Order (CAFO) was filed, setting the Complaint. The CAFO describes the injunctive relief required for compliance with the CAFO. A Default Order was issued against Eiseman on August 21, 2001, ordering him to pay the full civil penalty alleged in the complaint and to comply with the terms and conditions of the Complaint requiring compliance and corrective action. Eiseman has not paid or otherwise responded to the Default Ord

Defendants (2)

• Eiseman, Marc E.Named in complaintNamed in settlement
• Marc's CleanersNamed in complaintNamed in settlement

Facilities (1)

• MARC EISEMAN

  300 SOUTH PINEAPPLE AVENUE, SARASOTA, FL, 34236

  Registry ID: 110001750506

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Marc's Cleaners / Marc Eiseman (04-2007-C016)entered 2007-08-27

  Primary law: RCRA

  Federal penalty: $157,556

Timeline (7 milestones)

• 2002-09-19Referred To Dept Of Justice
• 2002-09-19Referred TO U.S. Attorney
• 2002-10-05Enforcement Action Data Entered
• 2006-11-06Complaint Filed With Court
• 2007-08-27Concluded
• 2007-08-27Final Order Entered
• 2007-08-27Final Order Lodged