EPA v. DAVIS ABATEMENT SYSTEMS, INC.

Case summary

DAVIS VIOLATED THE WORK PRACTICE AND NOTIFICATION REQUIREMENTS OF THE ASBESTOS NESHAP, THEREBY VIOLATING THE REQUIREMENTS OF A FEDERAL DISTRICT COURT CONSENT DECREE. THEREFORE, DAVIS IS LIABLE FOR STIPULATED PENALTIES. THIS CASE WAS EVENTUALLY REASSIGNED TO NANCY ELLEN ZUSSMAN WHO HAS LEFT EPA. I BELIEVE THAT DAVIS WENT BANKRUPT AND THE CASE WAS WITHDRAWN. ON OCTOBER 23, 1995, A COMPLAINT WAS FILED FOR WORK PRAC- TICE AND REPORTING VIOLATIONS OF THE CLEAN AIR ACT AND THE ASBESTOS NESHAP, AND FOR VIOLATIONS OF AN EXISTING CONSENT DECREE. THE DEFENDANT CORPORATION CEASED OPERATING IN MARCH 1996. IN 1997, U.S. EPA'S FINANCIAL ANALYST DETERMINED THAT DEFENDANT WAS UNABLE TO PAY A CIVIL PENALTY. THE CASE WAS THEN RESOLVED VIA A STIPULATION FOR DISMISSAL WITHOUT PREJUDICE EXECUTED BY BOTH PARTIES. THIS ACTION WAS DISMISS ED ON MARCH 27, 1997. SEE JANUARY 28, 1997 MEMORANDUM FROM NANCY-ELLEN ZUSMAN, SPECIAL ASSISTANT U.S. ATTORNEY, E.D. WI TO BEN FISHEROW, DOJ AND MAY 8, 1997 MEMORANDUM FROM RANDA BISHLAWI, ORC EPA TO NEWTON ELLENS.

Defendants (1)

• DAVIS ABATEMENT SYSTEMS, INC.Named in complaint

Facilities (1)

• DAVIS ABATEMENT SYS.

  15 1/2 E. 1ST ST., FOND DU LAC, WI, 53089

  Registry ID: 110010738318

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Timeline (5 milestones)

• 1993-08-01Enforcement Action Data Entered
• 1993-09-27Referred To Dept Of Justice
• 1995-10-23Complaint Filed With Court
• 1997-03-27Concluded
• 1997-03-27Enforcement Action Closed