ELR Citation: ELR 20452
No(s). C84-1879 (N.D. Ohio Mar 7, 1985)

The court holds that, under §104 of the Comprehensive Environmental Response, Compensation, and Liability Act and §3007 of the Resource, Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA) was entitled to seek injunctive relief and civil penalties against defendant operators of the New Lyme Landfill in Ohio who refused to provide information regarding hazardous substances contained at that site. The court first rules that generally, an agency's request for information will be enforced where the investigation lies within the agency's authority, the request is not too indefinite, and the information requested is reasonably relevant. Reasoning that EPA's request was reasonable, yet flaunted by defendants, the court concludes that EPA's civil action for injunctive relief and penalties pursuant to RCRA §3008 is appropriate.

The court rejects defendants' arguments that since their failure to comply with the informational request was not willful, and since EPA did not issue a prior compliance order, failure to produce the requested information did not violate either statute. RCRA requires proof of willful intent only for criminal penalties and not civil penalties, which are strict liability offenses not requiring such proof. The language of the statute and precedent under the Clean Water and Clean Air Acts make clear that EPA need not issue a compliance order or administrative subpoena prior to seeking civil penalties under §3008. Accordingly, the court grants EPA's motion for partial summary judgment on the issue of liability.

Counsel for Plaintiffs
Steven D. Bell, Ass't U.S. Attorney
1404 E. 9th St., Suite 500, Cleveland OH 44144
(216) 942-4389

Helen Brunner
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2200

Counsel for Defendants
George Liviola Jr.
Liviola, Bobulsky & Gervelis
1612 E. Prospect Rd., Ashtabula OH 44004
(216) 998-4214

Henry A. Roth
1010 Engineers Bldg., Cleveland OH 44114
(216) 696-9339