EPA v. CAPOZZI CUSTOM CABINETS

Case summary

THE FACILITY MAKES AND FINISHES CABINETS AND COUNTERTOPS. THE FACILITY DUMPS ITS HAZARDOUS WASTE BUILDING. WASTES INCLUDES PAINT RELATED MATERIALS, WASTE STAINS, LACQUERS THINNERS, TOLUENE, ETS. THE WASTE IS DUMPED FROM COFFEE OTHER CONTAINERS OR DIRECTLY FROM THE PAINT GUNS WITHIN 10-12 FEET FROM THE BACK DOOR. THERE MAY BE DUMPING OF ONE GALLON. THE DUMPING OCCURS WHENEVER NEEDED, NOT JUST AT THE END OF A SHIFT OR UNDER THE COVER OF DARKNESS. THE STATE HAS TRIED THIS THROUGH STATE ACTION. THE CASE IS CURRENTLY SCHEDULED FOR HEARING ON NOVEMBER 15 AND 16, 2000, IN YOUNGSTOWN, OHIO. RESPONDENT HAS DECLINED TO ENGAGE IN SETTLEMENT DISCUSSIONS. MOTIONS TO AMEND EPA'S PENALTY DEMAND, AND IN LIMINE AND FOR ACCELERATED DECISION ON LIABILITY AND ON ABILITY TO PAY ARE FILED OR PLANNED FOR FILING WITHIN THE NEXT WEEK. EPA'S AMENDED PENALTY DEMAND SEEKS A TOTAL PENALTY OF $183,448. THE COMPLAINT ALLEGES HAZARDOUS WASTE DISPOSAL WITHOUT A PERMIT, LAND DISPOSAL OF HAZARDOUS WASTE WITHOUT TREATMENT TO LDR STANDARDS, FAILURE TO ANALYZE HAZARDOUS WASTES, FAILURE TO KEEP HAZARDOUS WASTE TRAINING RECORDS, FAILURE TO HAVE A CONTINGENCY PLAN, AND FAILURE TO HAVE A CLOSURE PLAN, IN VIOLATION OF RCRA AND OHIO'S AUTHORIZED RCRA REGULATIONS. THE FACILITY FAILED TO PAY PENALTY AND WAS REFERRED TO TREASURY. PAYMENT OF $37,000 WAS PAID TO TREASURY.

Defendants (1)

• CAPOZZI CUSTOM CABINETSNamed in complaintNamed in settlement

Facilities (1)

• CAPOZZI CUSTOM CABINETS

  4590 EAGLE CREEK RD, LEAVITTSBURG, OH, 44430

  Registry ID: 110004723988

Statutes cited

• RCRA 3005A — Res Conserv & Rec Act

Enforcement conclusions (1)

• CAPOZZI CUSTOM CABINETSentered 2003-03-25

  Primary law: RCRA

  Federal penalty: $37,600

Timeline (10 milestones)

• 1998-12-15Enforcement Action Data Entered
• 2000-06-30Complaint Filed/Proposed Order
• 2002-01-02Referred for Debt Collection
• 2002-02-12Administrative Hearing
• 2002-02-12Admin Law Judge Decision
• 2002-03-19Appeal To Administrator
• 2003-03-25Final Order Issued
• 2003-03-25EAB Decision
• 2004-11-10Enforcement Action Closed
• 2004-11-10Compliance Achieved