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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) May 19, 2006
PERMA-FIX ENVIRONMENTAL SERVICES, INC.
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(Exact name of registrant as specified in its charter)
Delaware 1-11596 58-1954497
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
1940 N.W. 67th Place, Suite A, Gainesville, Florida 32653
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (352) 373-4200
Not applicable
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(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act
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SECTION 8 - OTHER EVENTS
ITEM 8.01 - OTHER EVENTS
We have previously disclosed that the U.S. Environmental Protection Agency
("EPA") had issued to Perma-Fix of Dayton, Inc, ("PFD"), one of our
subsidiaries, a Finding of Violation and a Notice of Violation alleging that PFD
was a "major source" of potential hazardous air pollutants, and, as a major
source, PFD operated its facility without having obtained a Title V air permit,
was in violation of the Clean Air Act (the "Act") and was subject to penalties
as a result thereof. In addition, we previously reported that in December, 2004,
PFD was sued under the citizen's suit provisions of the Act in the United States
District Court for the Southern District of Ohio, in a case styled Fisher v.
Perma-Fix of Dayton, Inc. (the "Citizen's Suit"). The Citizen's Suit alleges
violation by PFD of a number of state and federal clean air requirements in
connection with the operation of PFD's facility and seeks injunctive relief,
civil penalties, attorney fees and costs and other forms of relief. We further
previously reported that EPA has referred enforcement of the Notice of Violation
to the U.S. Department of Justice ("DOJ") for enforcement. On or about May 19,
2006, the DOJ, on behalf of the EPA, filed a Motion for Leave to Intervene as a
plaintiff in the Citizen's Suit, which motion was granted on May 22, 2006. The
government's intervention is seeking injunctive relief and civil penalties
against PFD for, among other things, alleged violations which parallel certain
claims asserted in the Citizen's Suit relating to alleged violations of the Act,
failure of PFD to operate its facility without a Title V air permit, and
installing new and/or modifying certain portions of the facility without proper
permits. The complaint filed by the DOJ, assuming the DOJ's Motion to Intervene
is granted, alleges that PFD could be liable for penalties for each alleged
violation up to $27,500 to $32,500 per day, depending on the violation. As
previously reported, we and PFD have been attempting to negotiate a resolution
of the above referenced matters with the EPA/DOJ and the citizens group. We have
been advised by the DOJ that the DOJ does not believe that the federal
government's intervention in the Citizen's Suit should result in the parties not
continuing their negotiations in an attempt to settle all issues. As a result,
we and PFD intend to continue our negotiations with the government and the
citizens group in an attempt to resolve these matters.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
Dated: May 23, 2006.
PERMA-FIX ENVIRONMENTAL SERVICES, INC.
By: /s/ Louis F. Centofanti
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Dr. Louis F. Centofanti,
President and
Chief Executive Officer
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