EPA v. COMMERCIAL EQUIPMENT COMPANY, CARROLL, IA

Case summary

COMMERCIAL EQUIPMENT COMPANY LOCATED IN CARROLL COUNTY, IOWA EMPLOYS APPROXIMATELY 50 TO 60 PEOPLE AND IS IN THE BUSINESS OF REMANUFACTURING COMMERCIAL REFRIGERATION EQUIPMENT. MULTI-MEDIA REFERRAL ALLEGING VIOLATIONS OF BOTH RCRA AND CWA. THERE ARE TWO RCRA VIOLATIONS: FAILURE TO COMPLY WITH A SECTION 3013 ORDER WHICH WAS ISSUED ON MARCH 23, 1989 AND FAILURE TO RESPOND TO A SECTION 3007 INFORMATION REQUEST WHICH WAS ISSUED ON JULY 7, 1989. THE RELIEF SOUGHT FOR THESE VIOLATIONS IS IN THE FORM OF PENALTIES CALCULATED FROM THE DATE OF NON-COMPLIANCE BASED ON THE RCRA PENALTY POLICY AND AN ECONOMIC BENEFIT CALCULATION; IN ADDITION, COMPLIANCE WITH THE SECTION 3013 ORDER AND THE REQUEST FOR INFORMATION IS SOUGHT. COMMERCIAL EQUIPMENT COMPANY HAS ALSO VIOLATED SECTION 402 OF CWA AND THEIR NPDES PERMIT BY FAILING TO SUBMIT DISCHARGE MONITORING REPORTS. PENALTIES ARE REQUESTED FOR THESE VIOLATIONS AS WELL AS COMPLIANCE WITH THE NPDES PERMIT AND THE CLEAN WATER ACT. CWA PORTION OF THE CASE: REGIONAL ATTORNEY: BILL WARD FTS-276-7285 PROGRAM CONTACT: DON TOENSING FTS-276-7446 CATEGORY OF VIOLATOR: SNC OTHER PROGRAM SPECIFIC INFO: IND VIOLATION: FAILURE TO MONITOR AND REPORT. STATE DELEGATED: YES, DNR.

Defendants (2)

• COMMERCIAL EQUIPMENT COMPANY, INC.Named in complaintNamed in settlement
• HOUGH, CURTIS L.Named in settlement

Facilities (1)

• COMMERCIAL EQUIPMENT CO

  HWY 30 W, CARROLL, IA, 51401

  Registry ID: 110010663709

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• SDWA 1423 — Safe Drinking Water Act
• CWA 301 — NPDES Discharge without a Permit
• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• COMMERCIAL EQUIPMENT COMPANYentered 1995-12-05

  Primary law: RCRA

  Federal penalty: $150,000

Timeline (10 milestones)

• 1987-01-01Enforcement Action Data Entered
• 1991-06-17Referred To Dept Of Justice
• 1991-10-04Returned To Region
• 1992-11-05Rereferred
• 1993-05-17Complaint Filed With Court
• 1995-12-05Concluded
• 1995-12-05Final Order Lodged
• 1995-12-05Final Order Entered
• 1996-03-05Enforcement Action Closed
• 1996-03-05Pipeline Closed