On February 15, 2002, EPA entered into an administrative settlement (CA/FO) with White Sun and its related companies and with Insun Yun, individually, from whom payment is sought in this case. The settlement required two equal installment payments of a cash penalty and performance of a supplemental environmental project (SEP). The defendants paid half of the penalty and failed to submit any of the reports required for the SEP. EPA has tried without success to get payment and compliance. By this action EPA seeks its unpaid penalty and stipulated penalties for noncompliance with the CA/FO.
The case was filed in the District Court for the Eastern District of NY, and the defendants defaulted. On 03/31/2011 the Court rendered a decision in EPA's favor assessing a penalty. Defendants did not appeal and the order became final on May 30, 2011.