EPA v. UTILITY TRANSFORMER SERVICES

Case summary

DIRECT REFERRAL TO FORMALLY REQUEST DOJ TO INITIATE COLLECTION PROCEEDINGS TO ENFORCE A STATUTORY PENALTY WHICH WAS AGREED TO IN EPA ORDER #1085-07-46-2615, 7/23/85. THIS CASE INVOLVES THE SIMPLE COLLECTION OF AN UNDISPUTED STATUTORY PENALTY. WHILE THE AMOUNT INVOLVED IS SMALL, THIS CASE INVOLVES THE INTEGRITY OF EPA'S ADMINISTRATIVE PENALTY SYSTEM. THIS CASE MAY HAVE HIGH VISIBILITY DUE TO MR. ROSS' RECENT EFFORTS TO OBTAIN AN IDAHO PERMIT FOR A PCB DISPOSAL FACILITY. THESE EFFORTS WERE UNSUCCESSFUL DUE TO INTENSE COMMUNITY OPPOSITION TO HIS PROJECT.FOR REASONS UNCLEAR TO EPA, MR. ROSS BELIEVES HE WILL NOT BE ABLE TO PAY THE CIVIL PENALTY UNTIL THE BUNKER HILL PERMIT IS GRANTED. MEANWHILE, IN RESPONSE TO A PUBLIC ADVISORY BOARD, THE STATE HAS PUT MR. ROSS'S PERMIT APPLICATION ON HOLD. THERE IS NO DISPUTE OVER THE VIOLATIONS OR THE CIVIL PENALTY ASSESSMENT OF $2,975.

Defendants (1)

• ROSS, ALLAN/UTILITY TRANSFORMER SERVICESNamed in complaintNamed in settlement

Facilities (1)

• UTILITY TRANSFORMER SERVICE

  5234 SR 6, PE ELL, WA, 98572

  Registry ID: 110006138474

Statutes cited

• TSCA 6 — Regulation of Hazardous Chemical Substances and Mixtures (includes Asbestos and PCBs)
• TSCA 16 — Toxic Sub Control Act

Enforcement conclusions (1)

• UTILITY TRANSFORMER SERVICESentered 1987-07-01

  Primary law: TSCA

  Federal penalty: $2,975

Timeline (7 milestones)

• 1985-07-23Enforcement Action Data Entered
• 1986-07-16Referred To Dept Of Justice
• 1986-10-22Complaint Filed With Court
• 1987-07-01Final Order Lodged
• 1987-07-01Final Order Entered
• 1987-07-01Concluded
• 1987-07-01Enforcement Action Closed