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F & K PLATING V. LEE THOMAS (EPA COUNTERCLAIM)

Judicial · FY1988 · — · Final Order With Penalty · 34345

$32K
Penalty
Cost recovery
Compliance action

Case

Case Number
06-1988-0100
Type
Judicial
Lead
EPA
Outcome
Final Order With Penalty
DOJ Docket
90-7-1-458
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

DATA SHEET: THE STATUTE THAT IS THE BASIS FOR THE PROPOSED ACTION: RCRA OF 1976, SECTION 3008(A) AND (G), 42 USC 6928(A) AND (G). THE PROPOSED SITUS OF ADJUDICATION: WESTERN DIST OF OK, WHICH IS THE DIST IN WHICH THE ORIGINAL VIOLATIONS OCCURRED AND IN WHICH F & K PLATING HAS FILED SUIT TO ENJOIN ACTION ON EPA'S FINAL ORDER.THE NAME AND LOCATION OF THE DEFENDANT: F & K PLATING CO., 4420 N. SEWELL,OKLAHOMA CITY, OK 73118.THE VIOLATIONS UPON WHICH THE ACTION IS BASED: FAILURE TO COMPLY WITH A FINAL ORDER ISSUED ON 10/8/87 BY THE CHIEF JUDICIAL OFFICER OF EPA REQUIRING F & K PLATING COMPANY TO, WITHIN 60 DAYS, CLOSE A HAZ WASTE SURFACE IMPOUNDMENT AT THE FACILITY; WITHIN 90 DAYS PAY A PENALTYOF $43,500.; AND, COMPLY WITH CERTAIN SPECIFIED REGULATORY REQUIREMENTS. THE PROPOSED RELIEF AND PROPOSED PENALTY: MANDATORY INJUNCTIVE RELIEF TO REQUIRE F & K PLATING COMPANY TO COMPLY WITH THE FINAL ORDER; SPECIFIC PENALTIES HAVE NOT BEEN CALCULATED BUT A BOTTOM LINE AMOUNT IN ADDITION TO THE PENALTIES IN THE FINAL ORDER WILL BE INCLUDED IN THE FULL REFERRAL PACKAGE.RECENT CONTACTS W/DEF, INCLUDING ANY PREVIOUS ADMIN ENFORCEMENT ACTIONS TAKEN AND NEGO: AN ADMINISTRATIVE COMPLAINT AND COMPLIANCE ORDER WAS ISSUED BY EPA, REGION VI, ON JUNE 26, 1984 ALLEGING VIOLATIONS OF RCRA AND THE OK AUTHORIZED PROGRAM. AFTER A TRIAL BEFORE AN ADMINISTRATIVE LAW JUDGE, F & K PLATING CO. APPEALED THE COMPLAINT AND ORDER WHICH EVENTUALLY LED TO THE ISSUANCE OF THE FINAL ORDER ON 10/8/87. F & K PLATING C

Source

Authoritative
EPA ECHO
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