EPA v. WASHINGTON DOT (MCDONALDS/PIRIE)

Case summary

THIS ACTION WAS FIRST INITIATED IN 1987. IT WAS TRANSFERRED TO DOJ FOR CRIMINAL ACTION. DOJ FINALLY DETERMINED AGAINST CRIMINAL ACTION AND SENT THE MATTER BACK TO EPA FOR CIVIL ACTION IN MAY 1991. THE CIVIL MATTERS WERE THEN RE-INITIATED IN MAY 1991. FACTS: ON 3 SEPARATE OCCASIONS PIRIE WAS OBSERVED VIOLATING OR TO HAVE VIOLATED ASBESTOS NESHAP REGULATIONS. PIRIE WAS WORKING UNDER CONTRACT FOR MCDONALDS ON A FACILITY MCDONALDS WAS LEASING FROM WA STATE DOT. ON ONE OF THOSE OCCASIONS IT WAS REPORTED THAT PIRIE HAD ALSO ENGAGED IN A CLEAN WATER ACT VIOLATION. EVIDENCE OF THE SAME WAS OBSERVED. THE ALLEGED VIOLATIONS OCCURRED IN THE SUMMER AND FALL OF 1987. CD WITH MCDONALDS WAS ENTERED ON AUGUST 26, 1992. CD WITH PIRIE WAS ENTERED ON AUGUST 9, 1993. CD WITH WASHINGTON DOT WAS ENTERED ON SEPTEMBER 29, 1993.

Defendants (3)

• MCDONALDS CORPORATIONNamed in complaintNamed in settlement
• PIRIE CONSTRUCTION INC.Named in complaintNamed in settlement
• WASHINGTON DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (1)

• MCDONALDS RESTAURANT

  PIER 52, SEATTLE, WA, 98104

  Registry ID: 110010679658

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• MCDONALD'S CORPORATIONentered 1992-09-30

  Primary law: CAA

  Federal penalty: $150,000

• JAMES M. PIRIE CONSTRUCTIONentered 1993-08-09

  Primary law: CAA

Timeline (8 milestones)

• 1987-09-01Enforcement Action Data Entered
• 1991-09-20Referred To Headquarters
• 1991-12-16Referred To Dept Of Justice
• 1992-08-26Complaint Filed With Court
• 1993-08-09Final Order Lodged
• 1993-08-09Final Order Entered
• 1993-09-29Concluded
• 1997-01-13Enforcement Action Closed