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Sample Notice Letter to TRI Violators


March 11, 1991

CERTIFIED MAIL RETURN RECEIPT REQUESTED

Thomas A. Manning,
President Judd's, Inc.
1500 Eckington Place, N.E.
Washington, D.C. 20002

Re: Notice of Intent to Sue Pursuant to the Citizen Suit Provision of the Emergency Planning and Community Right To Know Act

NOTICE IS HEREBY GIVEN by Environmental Action, Inc. (EA) and Environmental Action Foundation (EAF) (collectively hereinafter "Complainants"), pursuant to Section 326(d) of the Emergency Planning and Community Right to Know Act ("EPCRA"), 42 U.S.C. Sections 11001-11050, and all pertinent regulations promulgated thereunder, of Complainants' intent to file suit against Judd's, Inc. and Shenandoah Valley Press, Inc. for violations of EPCRA.

EA, a not-for-profit citizens organization with members residing in Virginia and across the nation, and EAF, a not-for-profit research and public education foundation, are informed and believe that Judd's, Inc. and Shenandoah Valley Press, Inc., as the owner or operator of the manufacturing facility located at Route 55 East, Strasburg, Virginia ("the Strasburg facility"), have failed to comply with and remain in violation of reporting obligations imposed by Sections 311, 312 and 313 of EPCRA, 42 U.S.C. Sections 11021, 11022 and 11023. Complainants are informed and believe that Judd's, Inc. and Shenandoah Valley Press, Inc. are required to comply with Section 311(a) of EPCRA. Section 311(a) requires the owner or operator to submit to identified State and local officials material safety data sheets (MSDS), or a list of all "hazardous chemicals" for which MSDS are required pursuant to the Occupational Safety and Health Act of 1970 (OSHA), for all hazardous chemicals present in excess of applicable thresholds at the Strasburg facility at any time since 1987.

As the owner or operator of the Strasburg facility, Judd's, Inc. and Shenandoah Valley Press, Inc., are responsible for the failure to submit to all relevant State and local officials such MSDS, or such a list of hazardous chemicals, on or before October 17, 1987 as required by Section 311(a) of EPCRA. In addition, Complainants are informed and believe that Judd's, Inc. and Shenandoah Valley Press, Inc. are required to comply with Section 312 (a) of EPCRA. Section 312 (a) requires owners or operators to prepare and submit hazardous chemical inventory forms ("inventory forms") for all "hazardous chemicals" present in excess of applicable thresholds at the Strasburg facility at any time since 1987. As the owner or operator of the Strasburg facility, Judd's, Inc. and Shenandoah Valley Press, Inc. are responsible for the failure to prepare and submit to all relevant State and local officials: (a) inventory forms for hazardous chemicals present in 1987 by March 1, 1988 as required by Section 312(a); (b) inventory forms for hazardous chemicals present in 1988 by March 1, 1989 as required by Section 312(a); (c) inventory forms for hazardous chemicals present in 1989 by March 1, 1990 as required by Section 312(a); and (d) inventory forms for hazardous chemicals present in 1990 by March 1, 1991 as required by Section 312(a).

Furthermore, Complainants are informed and believe that, in the operations at the Strasburg facility, Judd's, Inc. and Shenandoah Valley Press, Inc. have "manufactured", "processed" or "otherwise used" one or more "toxic chemicals", as those terms are defined by EPCRA, in excess of statutory thresholds. As the owner or operator of the Strasburg facility, Judd ' s, Inc. and Shenandoah Valley Press, Inc. are responsible, with respect to such toxic chemicals, for the failure to complete accurately and submit to all relevant federal, State and local officials: (l) toxic chemical release forms ("EPA Form Rs") by July 1, 1988 as required under Section 313 (a) of EPCRA; (2) EPA Form Rs by July 1, 1989 as required under Section 313 (a) of EPCRA; and Thomas A. Manning, President, Judd's, Inc. March 11, 1991 Page 3 (3) EPA Form Rs by July 1, 1990, as required under Section 313(a) of EPCRA.

YOU ARE FURTHER NOTIFIED that, after the expiration of sixty (60) days from the date of this NOTICE OF INTENT TO SUE, Complainants intend, on behalf of themselves and their members, to file suit pursuant to Section 326(a) of EPCRA in the appropriate federal district court. Complainants will request the court to address all past violations and ongoing violations of EPCRA, restrain any further violations, impose civil penalties of $25,000 per violation for each day such violation occurred, and order such persons to take such other actions as may be necessary or appropriate.

Complainants' offices are located at 1525 New Hampshire Ave., N.W., Washington, D.C., 20036, telephone (202) 745-4870. As counsel for Complainants, I may be reached at the above address and phone number. During the sixty (60) day notice period I will be available to discuss resolution of this matter. If you wish to avail yourself of this opportunity, please contact me.

DATED this 11th day of March, 1991.

FOR COMPLAINANTS,

Environmental Action, Inc. Environmental Action Foundation
Casey Scott Padgett, Counsel for Complainants

cc: Hon. William Reilly, Administrator U.S. Environmental Protection Agency
Hon. L. Douglas Wilder, Governor Commonwealth of Virginia
Hon. Edwin B. Erickson, Regional Administrator Region 3, U.S. Environmental Protection Agency
Robert V. Schnabel, Registered Agent Judd's, Inc.

Source: RTK Net, Washington, DC

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