EPA v. B&B MANUFACTURING (LON E. STACEY)

Case summary

REFERRAL REQUESTS THAT A CIVIL ACTION BE FILED PURSUANT TO CERCLA 104(e)(5)(B) TO ENFORCE COMPLIANCE WITH A REQUEST FOR SUPPLEMENTAL INFORMATION ISSUED TO LON E. STACEY ON SEPTEMBER 29, 2004, PURSUANT TO CERCLA 104(e) AND AN ADMINISTRATIVE SUBPOENA ISSUED TO LON E. STACEY ON MARCH 25, 2005, PURSUANT TO CERCLA 122(e)(3)(B) FOR THE SAME INFORMATION SOUGHT IN THE 104(e) REQUEST FOR SUPPLEMENTAL INFORMATION. IN ADDITION, THE PURPOSE OF THIS REFERRAL IS TO SEEK PENALTIES IN ACCORDANCE WITH SECTION 104(e)(5)(B) OF CERCLA FOR FAILURE TO REASONABLE COMPLY WITH THE 104(e) REQUEST FOR SUPPLEMENTAL INFORMATION IN A COMPLETE, TIMELY, AND TRUTHFUL MANNER. AS OF SEPTEMBER 12, 2005, MR. STACEY HAS FAILED TO COMPLY FOR 287 DAYS WITH EPA'S REQUEST FOR SUPPLEMENTAL INFORMATION. THE MAXIMUM STATUTORY PENALTY AMOUNT THAT MAY BE ASSESSED AGAINST MR. STACEY THROUGH SEPTEMBER 12, 2005, IS $9,327,500.00 AT THE RATE OF $32,500.00 FOR EACH DAY OF NONCOMPLIANCE. A REFERRAL UNDER 104(e)(5)(B) OF CERCLA TO DOJ IS APPROPRIATE WHERE EPA HAS ATTEMPTED TO OBTAIN INFOMRAITON AND RECEIVED EITHER AN INADEQUATE RESPONSE OR NO RESPONSE AT ALL. THIS REFERRAL INCLUDES EVIDENCE AND FINDINGS OF FACT THAT A RELEASE OR A THREAT OF RELEASE OF HAZARDOUS SUBSTANCES OCCURRED AT THE B&B MANUFACTURING SITE, AND A REQUEST FOR SUPPLEMENTAL INFORMATION WAS ISSUED ON SEPTEMBER 29, 2004, TO LON E. STACEY, A PRP FOR THE PURPOSES OF: (1) IDENTIFYING THE NAUTRE AND QUANTITY OF MATERIALS WHICH WERE GENERATED, TREATED, STORED, OR DISPOSED OF AT THE SITE; (B) DETERMINING THE NATURE OR EXTENT OF THE RELEASE AT THE SITE; AND (C) OBTAINING INFORMATION RELATING TO MR. STACEY'S ABILITY TO PAY FOR THE CLEANUP IN COMPLIANCE WITH 104(e)(2) OF CERCLA. MR. STACEY'S RESPONSE WAS DUE ON OR BEFORE OCTOBER 19, 2004. HOWEVER, MR. STACEY FAILED TO PROVIDE ANY RESPONSE IN THAT TIME FRAME. EPA ISSUED MR. STACEY A FOLLOW-UP LETTER ON NOVEMBER 4, 2004, REQUESTING THAT HE SUBMIT A COMPLETE AND TRUTHFUL RESPONSE ON OR BEFORE NOVEMBER 19, 2004. MR. STACEY AGAIN PROVIDED NO RESPONSE. AS A RESULT THEREOF, EPA PERSONALLY SERVED, VIA THE U.S. FEDERAL MARSHAL SERVICE, MR. STACEY AN ADMINISTRATIVE SUBPOENA DUCES TECUM AND A SUBPOENA AD TESTIFICANDUM ON MARCH 25, 2005, COMMANDING HIM TO APPEAR, TESTIFY, AND PROVIDE THE INFORMATION SOUGHT IN THE REQUEST FOR SUPPLEMENTAL INFORMATION ON APRIL 5, 2005, AT A COURT REPORTER'S OFFICE IN HOUSTON, TX. MR. STACEY DID APPEAR AND PROVIDE TESTIMONY, BUT HE DID NOT PROVIDE THE FINANCIAL INFORMATION SOUGHT, INCLUDING, BUT NOT LIMITED TO, HIS FEDERAL AND STATE TAX RETURNS AND FINANCIAL STATEMENTS CREATED BY HIS ACCOUNTANT FOR THE LAST FIVE YEARS. MR. STACEY STATED DURING THE ADMINISTRATIVE DEPOSITION THAT HE WOULD PROVIDE THE REQUESTED DOCUMENTS ON OR BEFORE APRIL 16, 2005. AS OF THE TIME OF SUBMITTING THIS REFERRAL, EPA HAS NOT RECEIVED THE REQUESTED FINANCIAL DOCUMENT

Defendants (1)

• STACEY, LON E.Named in complaintNamed in settlement

Facilities (1)

• B&B MANUFACTURING

  401 SOUTH CAROLINA STREET, MOBILE, AL, 36603-2037

  Registry ID: 110010069549

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 122E3B — Violation of 122(e)(3)(B) Subpoena
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• B&B MANUFACTURING (LON E. STACEY) (04-2007-C023)entered 2007-09-24

  Primary law: CERCLA

  Federal penalty: $3,000

Timeline (7 milestones)

• 2005-09-26Referred To Dept Of Justice
• 2005-09-26Enforcement Action Data Entered
• 2006-10-26Complaint Filed With Court
• 2007-09-24Enforcement Action Closed
• 2007-09-24Concluded
• 2007-09-24Final Order Entered
• 2007-09-24Final Order Lodged