IMPROPER STORAGE AND MARKING PCB'S.
PENALTY - $15,000
SYNOPSIS OF CASE
SUBSTATION MAINTENANCE, INC. (SUBSTATION), AN OHIO CORPORATION, IS THE DEFENDANT IN THIS ACTION. ON JUNE 13, 1985, USEPA FILED AN ADMINISTRATIVE COMPLAINT AGAINST SUBSTATION FOR VIOLATION THE TOXIC SUBSTANCES CONTROL ACT (TSCA) AND ITS REGULATIONS, 40 CFR PART 761, ET SEQ. ON JULY 24, 1985, SUBSTATION FILED AN ANSWER DENYING THE ALLEGED VIOLATIONS AND REQUESTED A HEARING. ON NOVEMBER 13, 1985, THE ASSIGNED ADMINISTRATIVE LAW JUDGE, SPENCER T. NISSEN, ORDERED THE PARTIES TO SUPPLY CERTAIN PREHEARING INFORMATION ON OR BEFORE DECEMBER 13, 1985. THE ORDER SPECIFICALLY PROVIDED THAT FAILURE TO COMPLY WOULD RESULT IN DISMISSAL OF THE PROCEEDING WITH PREJUDICE IN ACCORDANCE WITH 40 CFR SECTION 22.20, OR ENTRY OF A DEFAULT ORDER PURSUANT TO 40 CFR SECTION 2.17. SUBSTATION FAILED TO COMPLY WITH THE ORDER OF NOVEMBER 13, 1985. USEPA MOVED FOR A DEFAULT ORDER PURSUANT TO 40 CFR SECTION 22.17, ON JANUARY 23, 1986. ON FEBRUARY 24, 1986, JUDGE NISSEN ISSUED A DEFAULT ORDER FINDING SUBSTATION IN VIOLATION OF TSCA AND ASSESSING A PENALTY IN THE AMOUNT OF $15,000 IN ACCORDANCE WITH SECTION 16(A) OF TSCA. SUBSTATION HAS FAILED TO MAKE ANY PAYMENTS. THE US ATTORNEY IS AUTHORIZED UNDER SECTION 16(A)(4) OF TSCA, 15 USC SECT 2615(A)(4), TO FILED SUIT IN THE DISTRICT COURT TO RECOVER THE UNPAID PENALTY.
CONCLUSION
IT IS REQUESTED THAT THIS ACTION BE FILED ON BEHALF OF THE U.S. IN THE EASTERN DIVISION OF TH