EPA v. LASKIN GREENHOUSE & WASTE OIL

Case summary

LASKIN GREENHOUSE & WASTE OIL CO. - JEFFERSON, OH FILED 4/24/79, CIVIL ACTION #C79075 9V US DISCTICT CT FOR THE NORTHERN DISTRICT OF OH DEFENDANT ALVIN P LASKIN GROWS TOMATOES FOR COMMERICAL DISTRIBUTION IN HIS GREENHOUSE IN JEFFERSON. THE COMPLAINT ALLEGES THAT HE HAS ACCEPTED, STORED, & DISPOSED OF WASTE OIL BY BURNING, & BY APPLIC- ATION TO AREA ROADS UNDER CONTRACT W/ VARIOUS MUNICIPALI- TIES & CONTIES. LASKIN ACCEPTS APPROX. 800000 GAL OF WASTES PER YR, 200000 GAL OF WHICH ARE BURNED AS BOILER FUEL, & THE REMAINING 600000 WHICH ARE APPLIED TO THE ROADS. SAMPLING OF LASKIN'S STORAGE TANKS HAS REVEALED HIGH CONCENTRAT'N OF PCB'S IN THE WASTE OIL. LASKIN'S BOILERS DON'T MEET THE PCB REQUIREMNTS STIPLATED IN 40 C.F.R. PT. 761. THE INEFFICIENT BURNING OF PCB'S BY HIS BOILERS CAUSE THEM TO VOLATILIZE & BE TRANSPORTED INTO THE ENVIRONMENT. THE COMPLAINT ALLEGES THAT LASKIN ALSO DEWATERS & FILTERS WASTE OILS THAT HE HAS PREVIOUSLY MIXED AND THEREBY PRODUCES SLUDGES WHICH ARE DUMPED ON HIS PROPERTY. PCB'S & OTHER POLLUTANTS ARE THEN WASHED INTO THE DEFENDANT'S COLLECTION POND #20, & ARE DISCHARGED INTO CEMETERY CREEK, A US WATERWAY. DEFENDANT MADE APPLICAT'N IN JUL 978 FOR A NAT'L POLL UTANT DISCHARGE ELIMINATION SYSTEM PERMIT, BUT IT HAS NOT YET BEEN ISSUED. THESE ACTIVITIES HAVE BEEN OCCURING AT LEAST SINCE EARLY 1977. A NO. OF WASTE OIL GENERATORS HAVE BEEN IDENTIFIED & WERE SENT CERCLA NOTICE LETTERS. EMERGENCY REMOVAL ACTIVITY HAS COMMENCED AT THE SITE.

Defendants (2)

• LASKIN, ALVIN F.Named in complaintNamed in settlement
• POPLAR OIL CO.Named in complaintNamed in settlement

Facilities (1)

• LASKIN POPLAR OIL

  717 N POPLAR ST, JEFFERSON, OH, 44047

  Registry ID: 110004617709

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• TSCA 17 — Toxic Sub Control Act
• CWA 309 — Violation of Existing AO
• CWA 402 — Clean Water Act
• TSCA 15 — Prohibited Acts
• CWA 301 — NPDES Discharge without a Permit
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• LASKIN GREENHOUSE & WASTE OILentered 1981-01-21

  Primary law: CERCLA

  Federal penalty: $1,000

Timeline (8 milestones)

• 1979-02-02Referred To Headquarters
• 1979-03-27Referred To Dept Of Justice
• 1979-04-10Referred TO U.S. Attorney
• 1979-04-10Complaint Filed With Court
• 1981-01-21Final Order Lodged
• 1981-01-21Final Order Entered
• 1981-01-21Concluded
• 1991-10-09Enforcement Action Closed