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PEERLESS DISTRIBUTING CO.

Judicial · FY1985 · — · Final Order With Penalty · 56488

$59K
Penalty
Cost recovery
Compliance action

Case

Case Number
EF-1985-0017
Type
Judicial
Lead
EPA
Outcome
Final Order With Penalty
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

PEERLESS IMPORTED LEADED GASOLINE IN VIOLATION OF EPA LEAD STANDARDS FOR TWO QUARTERS: 11/01/82 THROUGH 03/01/83 AND 04/01/83 THROUGH 06/30/83. PENALTY ASSESSED AT $10,000 PER DAY FOR EACH DAY OF VIOLATION. HOWEVER, GASOLINE HAD BEEN IMPORTED ONLY 6 DAYS DURING THE TWO QUARTERS, WITH ONLY 5 DAYS WHERE THE IMPORTED LEADED GASOLINE HAD BEEN IN VIOL- ATION. ATTORNEYS FOR PEERLESS ARGUED THAT THE MAXIMUM PLTY, THEREFORE, WAS $50,000: $10,000 FOR EACH DAY GASOLINE HAD BEEN IMPORTED IN VIOLATION OF LEAD STANDARD. DOJ WAS RELUC- TANT TO BRING THE CASE BECAUSE THEY FELT DEFENDANT'S ARGU- MENT HAD MERIT & THIS WAS NOT A GOOD CASE TO LITIGATE FOR THAT REASON. THERE WAS LOTS OF PRESSURE FROM DOJ TO SETTLE. OFFERS FOR SETTLEMENT FROM DEFENDANT WERE NEVER ABOVE $7000. FINALLY SETTLED WHEN CASE WAS BROUGHT IN DISTRICT COURT.

Source

Authoritative
EPA ECHO
Machine
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