EPA v. A-1 PRECIOUS METAL PLATING

Case summary

IN 1998 EPA'S RCRA PROGRAM OBSERVED MULTIPLE RCRA VIOLATIONS. EPA ISSUED AN ADMINISTRATIVE ORDER TO A-1 IN 1999. A-1 WAS UNABLE TO PAY A PENALTY, AND CAME INTO COMPLIANCE ONLY AFTER SEVERAL MONTHS. ON AUGUST 17, 2000, EPA BECAME AWARE THAT THE PROPERTY HAD BEEN SEIZED FOR NON-PAYMENT OF RENT. ON AUGUST 30, 2000 ON-SCENE COORDINATOR (OSC) MARY ELLEN STANTON CONDUCTED A SITE INVESTIGATION. SHE OBSERVED APPROXIMATELY 100 55 GALLON AND 600 SMALL CONTAINERS, INCLUDING ONE CONTAINER OBSERVED TO BE LEAKING. INCOMPATIBLE MATERIALS WERE STORED TOGETHER. THE CHEMICALS WERE HIGHLY TOXIC AND REACTIVE. CYANIDEIS PRESENT IN THE AIR MIXING COULD CAUSE FIRE AND RELEASE TOXIC FUMES. BY WAY OF A UAO, EPA IS TAKING STEPS TO HAVE THE PRP, SIXTH AVENUE REALTY TRUST CONDUCT THIS TIME-CRITICAL REMOVAL ACTION. THE ORDER WAS ISSUED ON MAY 15, 2001 PURSUANT TO SECTION 106A OF CERCLA. THE ORDER'S SCOPE OF WORK INCLUDES SECURING THE SITE FROM TRESPASSERS, THE IDENTIFICATION OF CHEMICALS IN DRUMS, TANKS AND CONTAINERS ON SITE, AND THE REMOVAL OF DRUMS AND CONTAINERS AND THEIR CONTENTS. COUNSEL FOR SIXTH AVENUE REALTY TRUST HAS STATED THAT THE TRUST WISHES TO PERFORM THE REMOVAL ACTION. THE FACILITY IS NO LONGER IN OPERATION. A-1 HAS FILED FOR CHAPTER 11 BANKRUPTCY. DEADLINE FOR GOVERNMENTAL UNITS TO FILE IS OCTOBER 1, 2001.

Defendants (1)

• A-1 PRECIOUS METAL PLATINGNamed in settlement

Facilities (1)

• A 1 PRECIOUS METAL PLATING INC

  36 SIXTH RD, WOBURN, MA, 01801

  Registry ID: 110003438682

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• A-1 PRECIOUS METAL PLATING INCentered 2001-05-15

  Primary law: CERCLA

Timeline (2 milestones)

• 2001-05-15Final Order Issued
• 2001-05-17Enforcement Action Data Entered