# EVERWOOD TREATMENT COMPANY, INC. AND CARY THIGPEN
> **Judicial** · FY1997 · — · Litigated With Penalty
## Case
- **Activity ID:** `22006`
- **Case Number:** 04-1997-0062
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $292K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- EVERWOOD TREATMENT COMPANY, INC. (complaint) (settlement)
- THIGPEN, CARY (complaint) (settlement)
## Summary

SEE ALSO MATTER NUMBER 04-93-0690.                           ON SEPTEMBER 27, 1996, A FINAL ORDER WAS ISSUED BY THE       ENVIRONMENTAL                                                APPEALS BOARD (EAB) IN THE CASE OF IN RE: EVERWOOD TREATMENT COMPANY,                                                     INC. AND CARY W. THIGPEN, RCRA (3008) APPEAL NO. 95-1.  THE  EAB HELD                                                     THAT THE ALJ'S FAILURE TO CONSIDER  HARM TO THE PROGRAM  IN  DETERMINING                                                   POTENTIAL FOR HARM  WAS REVERSIBLE ERROR.  IN ADDITION, THE EAB AGREED                                                   WITH THE REGION THAT BASED ON TEH RECORD, THERE WAS NO       EVIDENCE OF GOOD                                             FAITH EFFORTS TO COMPLY AND THERE WAS CLEAR EVIDENCE OF      WILLFULNESS,                                                 THUS UPHOLDING THE REGION'S 25 PERCENT UPWARD ADJUSTMENT.    THE EAB                                                      INCREASED THE PENALTY BY ALMOST FIVE FOLD, TO $273,750.      ON NOVEMBER 22, 1996, THE RESPONDENT FILED A PETITION FOR    REVIEW IN THE                                                UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF    ALABAMA, AND A                                               MOTION TO STAY PROCEEDINGS (I.E., TO STAY THE ORDER OF THE   EAB PENDING                                                  THIS APPEAL).  JOAN OLMSTEAD (OECA),

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