EPA v. KURT MANUFACTURING CO.

Case summary

ON APRIL 18, 1994, U.S. EPA REGION 5 FILED AN ADMINISTRATIVE COMPLAINT AGAINST RESPONDENT ALLEGING IN 4 COUNTS THAT RESPONDENT, AT ITS 7585 VIRON ROAD N.E., FRIDLEY, MINNESOTA FACILITY, VIOLATED SECTION 15 OF TSCA, 15 U.S.C. SEC. 2614, BY FAILING TO DISPOSE OF PCB ITEMS IN STORAGE FOR DISPOSAL WITHIN ONE YEAR, BY STORING PCB'S IN A TEMPORARY STORAGE AREA FOR GREATER THAN 30 DAYS AND FAILING TO NOTIFY EPA OF THE SAME, AND BY FAILING TO DEVELOP AND MAINTAIN ANNUAL RECORDS ON ITS PCB ITEMS FOR 2 CALENDAR YEARS AS REQUIRED BY 40 C.F.R. PART 761; THUS SUBJECTING RESPONDENT TO CIVIL PENALTIES OF $60,000. THE PARTIES AGREED TO SETTLE THIS MATTER AND EXECUTED A CAFO ON JANUARY 27, 1994. COMPLAINANT AGREED TO ADJUST THE PROPOSED PENALTY IN THE COMPLAINT DOWNWARD FROM $60,000 TO $35,000 BASED UPON INFORMATION PRESENTED BY RESPONDENT DURING SETTLEMENT DISCUSSIONS WHICH: (A) WARRANTED ADJUSTMENT OF THE CIRCUMSTANCE LEVEL TO A VALUE OF 4 FOR COUNTS THREE AND FOUR SINCE RESPONDENT SHOWED THAT IT WAS NOT A COMMERCIAL STORER AND; (B) WARRANTED ADJUSTMENT OF THE EXTENT VALUE FOR COUNTS ONE THROUGH THREE TO SIGNIFICANT BASED UPON THE CONCENTRATION OF PCB'S INVOLVED IN THE VIOLATIONS. COMPLAINANT FURTHER AGREED TO MITIGATE THE ADJUSTED PROPOSED PENALTY OF $35,000 DOWNWARD BASED ON RESPONDENT'S COOPERATIVE ATTITUDE IN ADDRESSING THE VIOLATION, GOOD FAITH EFORTS TO COMPLY (SUPPORTED BY AFFIDAVITS) AND LITIGATION RISKS.

Defendants (1)

• KURT MANUFACTURING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• KURT MANUFACTURING

  7585 HIGHWAY 65 NORTHEAST, FRIDLEY, MN, 554323544

  Registry ID: 110000594571

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• KURT MANUFACTURING CO.entered 1997-01-29

  Primary law: TSCA

  Federal penalty: $20,000

Timeline (4 milestones)

• 1994-01-03Enforcement Action Data Entered
• 1994-04-18Complaint Filed/Proposed Order
• 1997-01-29Final Order Issued
• 1997-02-26Enforcement Action Closed