EPA v. USS CABOT/DEDALO MUSEUM

Case summary

1. SECTION 17 OF THE TOXIC SUBSTANCE CONTROL ACT ( TSCA ), 15 U.S.C. SEC. 2616. 2. USS CABOT/DEDALO MUSEUM PARISH OF JEFFERSON, LOUISIANA 3. THE RESPONDENT IS IN VIOLATION OF SECTIONS 6(E) AND 15 OF TSCA RELATING TO THE TIMELY AND PROPER EXPORT AND DISPOS- AL OF POLYCHLORINATED BIPHENLYS (PCBS). 4. RELIEF SOUGHT PURSUANT TO SECTION 17 OF TSCA, INJUNCTIVE RELIEF IS REQUESTED FROM THE COURT IN THE FORM OF A PRE- LIMINARY AND PERMANENT INJUNCTION THAT WOULD REQUIRE : 1) ENJOIN THE DEFENDANT FROM EXPORTING THE VESSEL FOR DIS- POSAL UNTIL THE PCB CONTAMINATION ONBOARD THE VESSEL HAS BEEN REMEDIATED, 2) REQUIRE THE DEFENDANT TO PERMIT EPA AND ITS REPRESENTATIVES ACCESS TO THE VESSEL FOR THE PUR- POSE OF INSPECTION DURING THE COURSE OF INJUNCTIVE RE- LIEF, 3) THAT THE COURT RETAIN JURISDICTION OF THE ACTION UNTIL REMEDIATION OF THE PCB CONTAMINATION ON BOARD THE VESSEL HAS BEEN ACCOMPLISHED, AND 4) THAT THE COURT AWARD PLAINTIFF THE COSTS OF THIS SUIT AND SUCH FURTHER AND OTHER RELIEF THAT THE COURT FINDS JUST AND APPROPRIATE. 5. THIS REFERRAL WAS SENT TO DOJ ON JUL. 29, 1994.

Defendants (1)

• USS CABOT/DEDALO MUSEUMNamed in complaintNamed in settlement

Statutes cited

• TSCA 15 — Prohibited Acts
• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• USS CABOT/DEDALO MUSEUMentered 1995-03-30

  Primary law: TSCA

Timeline (7 milestones)

• 1994-06-08Enforcement Action Data Entered
• 1994-07-29Referred To Dept Of Justice
• 1994-11-14Complaint Filed With Court
• 1995-03-30Final Order Lodged
• 1995-03-30Final Order Entered
• 1995-03-30Concluded
• 2003-05-19Enforcement Action Closed