EPA v. HYMAN FRIEDMAN (KIMRO)

Case summary

NATURE OF CASE THE DEFENDANT HAS BEEN INVOLVED IN A NUMBER OF SIMILAR OPERATIONS TO BUY PCB-CONTAMINATED OIL, BLEND THE OIL WITH PURE FUEL OIL, AND RESELL TO UNSUSPECTING CUSTOMERS. ON FEBRUARY 28, 1984, THE MINNESOTA POLLUTION CONTROL AGENCY SAMPLED TRUCKS OWNED BY KIMRO, WHICH SHOWED PCB CONTAMINA- TION AS HIGH AS 3300 PARTS PER MILLION. FRIEDMAN CONTIN- UES TO SELL OIL TO A NUMBER OF PARTIES, INCLUDING CAMP RIPLEY AND THE BECKER SCHOOL DISTRICT. WHEN INCINERATED IMPROPERLY, PCB'S WILL RESULT IN THE PRODUCTION OF DIOXIN AS ITS BYPRODUCT, AN EXTREMELY HAZARDOUS CHEMICAL GROUP WHICH CAN VAPORIZE INTO THE AIR. FRIEDMAN, DOING BUSINESS AS KIMRO, INC., CONTINUES TO BLEND PCB-CONTAMINATED OIL WITH PURE OIL AND TO SELL IT AS FUEL OIL. THE SITUATION IS URGENT BECAUSE OF THE HAZARDOUS NA- TURE OF THE SUBSTANCE INVOLVED, AND THE FACT THAT THE CON- CENTRATION OF PCB'S COULD BE VERY HIGH IN THE WASTE OIL WHICH FRIEDMAN IS OBTAINING. THE OFFICE OF REGIONAL COUNSEL FIRST LEARNED OF THIS ACTIVITY ON MARCH 28, 1984, AND SINCE THAT TIME, HAS MOVED E XPEDITIOUSLY TO INVESTIGATE AND HALT ANY VIOLATIONS OF TSCA. A NUMBER OF SAMPLES OF OIL HAVE SINCE BEEN TAKEN BY THE U.S. EPA FOR WHICH ANALYSES ARE NOT YET COMPLETE. ON MARCH 26, 1984, DR. SHELDON SIMON TELEPHONED FRIEDMA N AND INFORMED HIM OF THE TSCA VIOLATION, REQUESTED THAT HE CEASE AND DESIST FROM HIS OIL SALE ACTIVITIES, AND REQUEST- ED HIS RECORDS FOR 1982 TO THE PRESENT SHOWING ALL SALES, PURCHASES AND INVOICES. ON MARCH 30, 1984, A NOTICE OF NON- COMPLIANCE WAS SENT TO FRIEDMAN, DOING BUSINESS AS KIMRO, INC., REQUESTING THAT HE CEASE AND DESIST FROM ANY ILLEGAL ACTIVITY, AND REQUESTING RECORDS FROM 1982 TO THE PRESENT FOR ALL SALES, PURCHASES AND INVOICES. FINALLY, TWO INVESTIGATORS FROM THE U.S. EPA ARE CUR- RENTLY IN THE MINNEAPOLIS AREA SEEKING ADDITIONAL SAMPLES OF OIL FROM KIMRO OIL TRUCKS, LOCATING AND EXAMINING ANY STORAGE FACILITIES, AND MAKING COPIES OF RECORDS HELD BY FRIEDMAN. A WARRANT FOR THE EXAMINATION OF FRIEDMAN'S RECORDS WAS OBTAINED FROM THE MAGISTRATE IN MINNEAPOLIS ON APRIL 3, 1984. THE FACILITY HYMAN FRIEDMAN OPERATES THE ABOVE-REFERENCED BUSINESS OUT OF HIS RESIDENCE, AT 2725 ENGLEWOOD SOUTH, ST. LOUIS PARK, MINNESOTA 55416. FRIEDMAN HAS OWNED A NUMBER OF COMPANIES WHICH HAVE PURCHASED PCB WASTE OIL AND THEN RE- SOLD THE FUEL OIL BELIEVED TO CONTAIN DILUTED PCB OIL. FRIEDMAN IS BELIEVED TO OWN AT LEAST SIX SEMI-TANKERS AND 5 TO 6 OTHER TRUCKS IN WHICH WASTE OIL IS TRANSPORTED OR BLENDED. EVIDENCE OF VIOLATIONS TWO SAMPLES TAKEN ON FEBRUARY 28, 1984, BY RICHARD KABLE OF THE MINNESOTA POLLUTION CONTROL AGENCY WERE EVALU- ATED FOR PCB CONTENT. THE RESULTS SHOWED PCB CONCENTRATIONS OF 3300 AND 383 PARTS PER MILLION. OTHER VIOLATIONS ON JULY 20, 1982, A FUEL OIL SAMPLE WAS TAKEN BY HYMAN FRIEDMAN TO A LABORATORY FOR ANALYSIS. PACE LABORATORY FOUND PCB CONCENTRATION OF 90 PARTS PER MILLION IN THAT SAMPLE. CONCLUSION BECAUSE REGION V BELIEVES THAT ONE OR MORE TRUCKLOADS OF PCB-LADEN OIL HAVE BEEN SOLD IN COMMERCE FOR INCENERA- TION AS FUEL OIL, AN IMMEDIATE AND IRREPARABLE INJURY TO THE ENVIRONMENT AND THE CITIZENS OF THE UNITED STATES WILL TAKE PLACE IF FURTHER DELIVERY AND SALES OF PCB OIL TAKE PLA CE. REGION V RECOMMENDS THAT THE APPROPRIATE ACTION IS AN ORDER IMMEDIATELY RESTRAINING THE P

Defendants (4)

• AAA FUEL OIL CO.Named in complaintNamed in settlement
• HYMAN FRIEDMANNamed in complaintNamed in settlement
• KIMRO INC.Named in complaintNamed in settlement
• ZENITH OIL CO.Named in complaintNamed in settlement

Facilities (1)

• KIMRO INC

  2725 ENGLEWOOD SOUTH, SAINT LOUIS PARK, MN, 55416

  Registry ID: 110010591804

Statutes cited

• TSCA 7 — Imminent Hazard
• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• HYMAN FRIEDMAN (KIMRO)entered 1985-04-16

  Primary law: TSCA

Timeline (7 milestones)

• 1984-04-06Referred To Headquarters
• 1984-04-23Referred To Dept Of Justice
• 1984-09-06Complaint Filed With Court
• 1985-04-16Final Order Lodged
• 1985-04-16Final Order Entered
• 1985-04-16Concluded
• 1988-05-13Enforcement Action Closed