EPA v. CATHERINE GLORIOUS D/B/A JEFFERSON PROCESSING

Case summary

IMPROPER USE AND RECORDKEEPING PERTAINING TO PCB. COMPLAINT FILED 8-17-98 FOR TSCA VIOLATIONS OF STORAGE OF COMBUSTIBLE MATERIALS WITHIN A PCB TRANSFORMER ENCLOSURE (4 COUNTS) AND FAILURE TO DEVELOP AND MAINTAIN ANNUAL DOCUMENT LOGS (2 COUNTS). ON OCTOBER 20, 1998, REGION 5, U.S. EPA FILED WITH THE REGIONAL HEARING CLERK, AND ISSUED TO RESPONDENT, A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING FOR THE ALLEGED VIOLATIONS. THE COMPLAINT ALLEGED THAT RESPONDENT IMPROPERLY STORED COMBUSTILE MATERIALS WITHIN FOUR TRANSFORMER ENCLOSURES IN VIOLATION OF 40 CFR 761.30(A)((VII I), AND FAILED TO DEVELOP AND MAINTAIN ANNUAL RECORDS AND WRITTEN ANNUAL DOCUMENT LOG OF THE DISPOSITION OF PCBS AND PCB ITEMS, IN VIOLATION OF 40 CFR 761.180(A). THE PENALTY SOUGHT IN THE COMPLAINT WAS $51,000. DURING SETTLEMENT DISCUSSIONS, RESPONDENT PROVIDED FINANCIAL INFORMATION WHICH INDICATED THAT SHE HAS AN INABILITY TO PAY EVEN A TOKEN AMOUNT AS A CIVIL PENALTY. SINCE RESPONDENT CORRECTED THE ALLEGED VIOLATIONS, U.S. EPA AGREED TO A SETTLEMENT IN WHICH NO PENALTY IS PAID. ON OCTOBER 20, 1998, REGION 5, U.S. EPA FILED WITH THE REGIONAL HEARING CLERK, AND ISSUED TO RESPONDENT, A COM- PLAINT AND NOTICE OF OPPORTUNITY FOR HEARING FOR THE ALLEGED VIOLATIONS. THE COMPLAINT ALLEGED THAT RESPONDENT IMPROPERLY STORED COMBUSTIBLE MATERIALS WITHIN FOUR TRANS- FORMER ENCLOSURES IN VIOLATION OF 40 CFR 761.30(A)(1(VIII), AND FAILED TO DEVELOP AND MAINTAIN ANNUAL RECORDS AND WRITTEN DOCUMENT LOG OF THE DISPOSITION OF PCBS AND PCB ITEMS, IN VIOLATION OF 40 CFR 761.180(A). THE PENALTY SOUGHT IN THE COMPLAINT WAS $51,000. DURING SETTLEMENT DISCUSSIONS, RESPONDENT PROVIDED FINANCIAL INFORMATION WHICH INDICATED THAT SHE HAS AN INABILITY TO PAY EVEN A TOKEN AMOUNT AS A CIVIL PENALTY. SINCE RESPOND- ENT CORRECTED THE ALLEGED VIOLATIONS, U.S. EPA AGREED TO A SETTLEMENT IN WHICH NO PENALTY IS PAID.

Defendants (2)

• JEFFERSON PROCESSINGNamed in complaintNamed in settlement
• CATHERINE GLORIOUSNamed in complaint

Facilities (1)

• JEFFERSON PROCESSING

  GOULDS RD, MINGO JUNCTION, OH, 43938

  Registry ID: 110004738311

Statutes cited

• TSCA 6 — Regulation of Hazardous Chemical Substances and Mixtures (includes Asbestos and PCBs)

Enforcement conclusions (1)

• JEFFERSON PROCESSINGentered 1999-02-09

  Primary law: TSCA

Timeline (4 milestones)

• 1998-03-18Enforcement Action Data Entered
• 1998-08-17Complaint Filed/Proposed Order
• 1999-02-09Final Order Issued
• 1999-02-09Enforcement Action Closed