EPA v. HULL POTTERY CO.

Case summary

ON MAY 28, 1985, THE U.S. EPA EXECUTED A CONSENT AGREEMENT AND FINAL ORDER (CAFO) WITH RESPONDENT HULL POTTERY COMPANY. THE CAFO REQUIRED RESPONDENT, INTER ALIA, TO PAY A CIVIL PE- NALTY OF $25,000. AN INITIAL PAYMENT OF $4,000 WAS MADE PUR SUANT TO THE AGREEMENT. ADDITIONAL PAYMENTS, DUE ON NOVEM- BER 20, 1985, AND THE 20TH DAY OF EACH MONTH THEREAFTER, HAVE NOT BEEN PAID. TO DATE, THIS AMOUNTS TO $11,000 IN PAY MENTS THAT ARE PAST DUE UNDER THE CAFO. RESPONDENT HAS FAILED TO DEMONSTRATE THAT IT IS UNABLE TO PAY THE PENALTY OR THAT THE PENALTY SHOULD BE ADJUSTED FOR FOR GOOD CAUSE CONSISTENT WITH THE FINAL RCRA PENALTY POLICY MAY 8, 1984. THE OBJECTIVE OF THIS LITIGATION IS TO OBTAIN A DISTRICT COURT ORDER REQUIRING HULL POTTERY COMPANY TO IMMEDIATELY RE MEDY THE ARREARAGE ON INSTALLMENTS DUE (AS OF THE DATE OF THIS REFERRAL RESPONDENT OWED $11,000) AND TO RESUME INSTALL MENT PAYMENTS ACCORDING TO THE SCHEDULE SET FORTH IN THE CAFO. FURTHER, U.S. EPA SEEKS A $25,000 PER DAY PER VIOLA- TION PENALTY FOR CONTINUED NONCOMPLIANCE WITH THE CAFO PUR- SUANT TO S3008A AND G OF RCRA.

Defendants (1)

• HULL POTTERY CO.Named in complaintNamed in settlement

Facilities (1)

• HULL POTTERY CO

  327 AMERINE ST, CROOKSVILLE, OH, 43731

  Registry ID: 110004595643

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• HULL POTTERY COMPANYentered 1988-03-08

  Primary law: RCRA

  Federal penalty: $18,000

Timeline (8 milestones)

• 1986-09-30Referred To Headquarters
• 1986-10-01Referred To Dept Of Justice
• 1987-02-05Referred TO U.S. Attorney
• 1987-02-20Complaint Filed With Court
• 1988-03-08Final Order Lodged
• 1988-03-08Final Order Entered
• 1988-03-08Concluded
• 1989-10-20Enforcement Action Closed