EPA v. WOODSTOCK MANUFACTURING CORPORATION

Case summary

REGION V IS REFERRING TO THE DEPARTMENT OF JUSTICE A REQUEST TO FILE A PROOF OF CLAIM IN THE BANKRUPTCY MATTER. THE USEPA WISHES TO PRESERVE ITS CLAIM AGAINST THE WOODSTOCK MFG CORP FOR A CIVIL ADMINISTRATIVE JUDGMENT FOR VIOLATIONS OF THE CWA, 33 USC SECTION 1251 ET SEQ. - WOODSTOCK IS A PRIVATELY OWNED CORP WHICH, AMONG OTHER THINGS, OWNED AND OPERATED A FACILITY AT 555 WHEELER ST., WOODSTOCK, IL. ON 8/10/88, USEPA, REGION V FILED AN ADM COMPLAINT, PURSUANT TO SECT 309(G) OF THE ACT, 33 USC SECT 1319(G), IN WHICH USEPA PROPOSED A CIVIL PENALTY OF $125,000 FOR WOODSTOCK'S VIOLATIONS OF THE ACT. - ON 10/4/88, COMPLAINANT RECALCULATED THE PROPOSED PENALTY FROM $125,000 TO $82,000 BASED ON THE REDUCTION IN THE PRE- LIMINARY FIGURES USED IN CALCULATING THE ECONOMIC BENEFIT AND THE MONTHLY GRAVITY COMPONENTS. - ON 3/7/89, VALDAS V. ADAMKUS, RA, USEPA REGION V, ISSUED A CONSENT AGREEMENT AND FINAL ORDER IN THE MATTER OF WOODSTOCK MFG CORP RESOLVING THIS CASE. PURSUANT TO THE CAFO, WOOD- STOCK WAS TO PAY $50,000 IN FULL SATISFACTION OF THE PENALTY THIS PENALTY ASSESSMENT WAS BASED ON THE NATURE, CIRCUM- STANCES, EXTENT AND GRAVITY OF THE VILATIONS, RESPONDENT'S PRIOR HISTORY OF NON-COMPLIANCE, DEGREE OF CULPABILITY, ECONOMIC BENEFIT OR SAVINGS RESULTING FROM THE VIOLATIONS, ABILITY TO PAY, AND OTHER MATTERS AS JUSTICE REQUIRED IN- CLUDING RESPONDENT'S COMPLIANCE WITH A PREVIOUS ADM ORDER ISSUED UNDER SECT 309(A), 33 USC SECT 1319(A). - THE FAILURE BY THE RESPONDENT TO PAY THE PENALTY IN FULL RENDERED THE ENTIRE PROPOSED PENALTY OF $82,000 DUE AND OW- ING TO USEPA. THE PENALTY AMOUNT OF $50,000 WAS DUE BY 1/26 /91; HOWEVER, IN A SUBSEQUENT LETTER DATED 1/15/91, WOOD- STOCK, BECAUSE OF CHAP 11 PROCEEDINGS, WAS UNABLE TO PAY THE PENALTY. PURSUANT TO PAR 18 OF THE CAFO, WOODSTOCK WAS REQUIRED TO PAY USEPA THE ENTIRE PROPOSED CIVIL PENALTY OF $82,000 IF IT IS FAILED TO COMPLY WITH PARA 15 OF THE CAFO, WHICH DEMANDED PAYMENT OF THE $50,000 MITIGATED PENALTY WITHIN 18 MONTHS OF ENTRY OF THE CAFO. THE CAFO WAS EFFECTIVE AS OF 3/9/89, AND 18 MONTHS ELAPSED WITHOUT PAYMENT ON 9/9/90. THE U.S. DISTRICT COURTS HAVE JURISDICTION OVER ACTION WERE THE U.S. PLAINTIFF, 28 U.S.C. 1345, AND WHERE THE U.S. SEEKS TO RE- COVER CIVIL PENALTIES INCURRED UNDER ACTS OF CONGRESS. - WOODSTOCK HAS FAILED TO PAY U.S.EPA THE CIVIL PENALTY DUE AND OWING UNDER THE CAFO; THEREFORE AN ACTION CAN BE MAIN- TAINED IN DISTRICT COURT FOR PAYMENT OF THE CIVIL PENALTY BY THE U.S. - ON 8/23/90, WOODSTOCK FILED FOR RELIEF UNDER CHAP 11 OF THE FEDERAL BANKRUPTCY CODE IN THE U.S. BANKRUPTCY COURT FOR THE EASTERN DISTRICT, SOUTHERN DIVISION OF MICHIGAN. - USEPA REQUESTS THAT A PROOF OF CLAIM BE FILED TO PRESERVE ITS CLAIM FOR THE ASSESSED CIVIL PENALTY.

Defendants (1)

• WOODSTOCK MANFACTURING CORPORATIONNamed in complaint

Facilities (2)

• WOODSTOCK DIE CASTING

  555 WHEELER STREET, WOODSTOCK, IL, 60098

  Registry ID: 110001807368

• WOODSTOCK DIE CASTING

  555 WHEELER STREET, WOODSTOCK, IL, 60098

  Registry ID: 110001807368

Statutes cited

• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1991-08-04Enforcement Action Data Entered
• 1991-09-18Referred To Dept Of Justice
• 1992-03-06Complaint Filed With Court
• 1993-07-01Concluded
• 1993-07-01Enforcement Action Closed