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SUGARHOUSE REALTY INC

Judicial · FY1985 · — · Final Order No Penalty · 9835

Penalty
Cost recovery
Compliance action

Case

Case Number
03-1985-0035
Type
Judicial
Lead
EPA
Outcome
Final Order No Penalty
DOJ Docket
90-11-2-134
Multimedia
N
Self-disclosure
N

Defendants (2)

Summary

ON 7/2/85, REG III INVESTIGATED A SITUATION INVOLVING THE IMPROPER STORAGE & DISPOSAL OF PCBS AT THE FORMER JACK FROST SUGAR HOUSE LOCATED IN PHILA, PA. THIS FACILITY HAD BEEN PURCHASED BY SUGARHOUSE REALTY, INC. ON 12/14/84. FURTHER INVESTIGATION SHOWED THAT THE SITE IS IN VIOLATION OF THE TSCA PCB REGS & IS PRESENTING AN IMMINENT & SUBSTANTIAL EN- DANGERMENT AS DEFINED BY CERCLA. IN ADDITION IT WAS DETER- MINED THAT THE SITE POSES AN UNREASONABLE RISK TO PUBLIC HEALTH & THE ENVIRONMENT FROM AN IMMINENTLY HAZARDOUS CHEMI- CAL UNDER SEC 7 OF TSCA. AS A CONSEQUENCE, ACTION WAS TAKEN IMMEDIATELY & ORAL REFERRAL PROCEDURES WERE USED. THE CASE SEEKS PERMANENT INJUNCTIVE RELIEF TO CLEAN UP ALL SPILLED PCBS. THE STATUTORY PROVISIONS INVOKED DO NOT PROVIDE A BASIS FOR THE RECOVERY OF CIVIL PENALTIES IN FED- ERAL COURT. THE COMPLAINT SEEKS PAYMENT OF COSTS BY DEFS. A COMPLAINT & CONSENT ORDER, EMBODYING TEMPORARY RELIEF, WERE FILED ON 8/19/85 & 8/21/85 RESPECTIVELY. A PERMANENT CD IS CURRENTLY UNDER NEGOTIATIONS. 05/04/88 => CASE NUMBER 03-86-E185 (CONTEMPT ACTION) COMBINED WITH THIS CASE AS AN AMENDMENT AND THEN DELETED. REG 3 REQUESTS DOJ TO FILE A MOTION TO SHOW CAUSE WHY DEF(SUGARHOUSE REALITY & WILLIAM H. THAYER) SHOULD NOT BE HELD IN CONTEMPT OF CONSENT ORDERS FILED IN THIS CASE. A COMPLAINT WAS FILED 08/19/85 IN FEDERAL DISTRICT COURT FOR EASTERN DISTRICT OF PA. UNDER TSCA, 15

Source

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