EPA v. TORONTO PAPERBOARD COMPANY

Case summary

NATURE OF THE CASE THE TORONTO PAPERBOARD COMPANY, INC., MANUFACTURES RECYCLED PAPERBOARD PRODUCTS AT ITS TORONTO, OHIO, WORKSITE. THE MANUFACTURING PROCESS REQUIRES STEAM WHICH IS GENERATED BY THE COMPANY'S UNCONTROLLED, 28 YEAR-OLD STOKER BOILER. THE COMBUSTION GASES ENTER INTO THE ATMOSPHERE WITHOUT PASSING THROUGH ANY EMISSION CONTROL EQUIPMENT. ON JULY 13, 1983, REGION V ISSUED A NOTICE OF VIOLATION TO TORONTO PAPERBOARD FOR MASS AND OPACITY VIOLATIONS OF THE OHIO SIP, AP-3-07 AND AP-3-11. THE COMPANY EMITS APPROXIMATELY 153.1 TONS OF PARTICULATE PER YEAR, FAR IN EXCESS OF THE 48.6 TONS PER YEAR ALLOWED UNDER THE REGULATIONS. THE TORONTO, OHIO AREA IS DESIGNATED AS A PRIMARY NONATTAINMENT AREA FOR TSP. CAUSE OF ACTION TORONTO PAPERBOARD'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP. AS THE COMPANY IS A MAJOR SOURCE, UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413, U.S. EPA IS REQUIRED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER CIVIL PENALTIES. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE OHIO SIP, TORONTO PAPERBOARD MUST INSTALL CONTROL EQUIPMENT SUCH AS AN ELECTROSTATIC PRECIPITATOR OR BAGHOUSE ON ITS BOILER. REGION V RECOMMENDS SEEKING A COURT ORDER CONTAINING A PER- MANENT INJUNCTION, AN EXPEDITIOUS COMPLIANCE SCHEDULE AND CIVIL PENALTIES. FOR PURPOSES OF SETTLEMENT, REGION V RECOMMENDS A PENALTY OF $10,000. SIGNIFICANT ISSUES THIS IS A STRAIGHTFORWARD CASE OF TSP VIOLATION. OUR EVIDENCE SUPPORTS THE VIOLATION AND THERE ARE NO NOVEL LEGAL ISSUES CONCERNING INTERPRETATION OR APPLICABILITY OF THE REGULATIONS. THE MOST DEFFICULT ISSUE CONCERNS TORONTO'S PROTECTED STATUS AS A DEBTOR UNDER CHAPTER 11 OF THE BANK- RUPTCY CODE. HOWEVER, AS TORONTO HAS FILED A CREDITORS' PLAN WHICH SHOULD BE EFFECTIVE JULY 1, 1984, IT IS RECOM- MENDED THAT ALL BANKRUPTCY RELATED PROBLEMS BE AVOIDED BY INITIATING SUIT AFTER THAT DATE.

Defendants (1)

• TORONTO PAPERBOARD CO., INC.Named in complaintNamed in settlement

Facilities (1)

• TORONTO PAPERBOARD CO

  421 LORETTA AVE, TORONTO, OH, 43964

  Registry ID: 110010735623

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• TORONTO PAPERBOARD CO., INC.entered 1985-07-03

  Primary law: CAA

  Federal penalty: $1,000

Timeline (8 milestones)

• 1984-03-27Referred To Headquarters
• 1984-04-24Referred To Dept Of Justice
• 1984-06-26Referred TO U.S. Attorney
• 1985-04-24Complaint Filed With Court
• 1985-07-03Final Order Lodged
• 1985-07-03Final Order Entered
• 1985-07-03Concluded
• 1989-09-07Enforcement Action Closed