EPA v. UNITED ORGANICS CORPORATION & MALCOLM LIEBERMAN

Case summary

BASED ON AN OCTOBER 9, 2002, CASE DEVELOPMENT INSPECTION CONDUCTED BY EPA'S SCIENCE AND ECOSYSTEM SUPPORT DIVISION, EPA ISSUED UNITED ORGANICS CORP AND MR. LIEBERMAN, AN INDIVIDUAL, AN ADMINISTRATIVE ORDER PURSUANT TO SECTION 3013 OF RCRA ON JULY 29, 2003. THE ORDER SPECIFIED THAT EPA HAD DETERMINED THAT THE PRESENCE AND/OR RELEASE OF HAZARDOUS WASTES AT THE FACILITY MAY BE PRESENT A SUBSTANTIAL HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT AND REQUIRED UNITED ORGANICS CORP AND MR. LIEBERMAN TO PREPARE A WRITTEN PROPOSAL TO CARRY OUT MONITORING, TESTING, ANALYSIS, AND REPORTING TO DETERMINE THE NATURE AND EXTENT OF THE HAZARDS POSED BY THE HAZARDOUS WASTES AND/OR HAZARDOUS CONSTITUENTS THAT ARE OR WERE PRESENT AT THE FACILITY AND MAY HAVE BEEN RELEASE FROM THE FACILITY. THE ORDER REQUIRED THAT THE PROPOSAL BE SUBMITTED TO EPA WITHIN 30 DAYS FROM THE DATE THE ORDER WAS ISSUED, AND THAT THE PROPOSAL BE IMPLEMENTED ONCE IT IS APPROVED BY EPA. A 30-DAY EXTENSION TO COMPLY WITH THE TERMS OF THE ORDER WAS GRANTED ON AUGUST 27, 2003, AND EXPIRED ON SEPTEMBER 28, 2003. THE FACILITY AND MR. LIEBERMAN HAVE FAILED TO MEET ANY OF THE REQUIREMENTS SPECIFIED IN THE ORDER, AND ARE THEREFORE IN VIOLATION OF SECTION 3013 OF RCRA. WE ARE SEEKING ENFORCEMENT OF THE 3013 AS WELL AS A PENALTY FOR FAILURE TO COMPLY WITH THE ORDER. THE PENALTY IS UP TO $5,500 PER DAY OF VIOLATIO

Defendants (2)

• UNITED ORGANICS CORPORATION (SB)Named in complaintNamed in settlement
• LIEBERMAN, MALCOLM (AN INDIVIDUAL)Named in complaintNamed in settlement

Facilities (1)

• UNITED ORGANICS CORP

  1008 E. BLVD., WILLIAMSTON, NC, 27892-2804

  Registry ID: 110000347786

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• UNITED ORGANICS CORPORATION & MALCOLM LIEBERMAN (04-2006-C008)entered 2006-05-17

  Primary law: RCRA

  Federal penalty: $32,759,000

Timeline (7 milestones)

• 2004-09-22Referred To Dept Of Justice
• 2004-09-22Enforcement Action Data Entered
• 2005-07-13Complaint Filed With Court
• 2006-05-17Concluded
• 2006-05-17Final Order Entered
• 2006-05-17Final Order Lodged
• 2011-09-14Enforcement Action Closed