Court Says Consent Order Did Not Waive Government Right to Statutory Penalties

摘要

The United States did not give up its right to seek $25,000 per day civil penalties for superfund order violations when the Environmental Protection Agency entered into a consent order that called for much lower stipulated penalties, a federal district court held June 1 (United States v. SB Building Associates, D.N.J., No. 08-5298, 6/1/09).rnThe U.S. District Court for the District of New Jersey rejected a company's argument that the federal government waived its right to seek statutory civil penalties for order violations under Section 106(b) of the superfund law when EPA agreed to an Administrative Order on Consent (AOC) with the company over cleanup of a polluted property the company owned in Milltown, N.J.