EPA v. FRANC MOTORS ET AL

Case summary

ON JANUARY 8, 2002, EPA REQUESTED THE U.S. DEPARTMENT OF JUSTICE'S APPROVAL OF A SECOND CONSENT DECREE THAT HAS BEEN SIGNED BY EIGHT BUSINESSES THAT SENT WASTE OIL TO NATIONAL OIL SERVICES INC., A FORMER WASTE OIL STORAGE, TREATMENT, TRANSFER, RECYCLING AND DISPOSAL FACILITY IN WEST HAVEN, CT. EPA PERFORMED A REMOVAL ACTION AT THE NATIONAL OIL SERVICES SITE ( SITE ) IN 1998 THAT CONSISTED GENERALLY OF THE REMOVAL, CHARACTERIZATION AND OFF-SITE DISPOSAL OF WASTEWATER, WASTE OIL AND SLUDGE. EACH SETTLING PARTY WILL PAY 8.5 CENTS FOR EACH GALLON OF WASTE IT SENT TO THE SITE (AS SHOWN IN HAZARDOUS WASTE MANIFESTS) IN RETURN FOR A RELEASE FROM LIABILITY FOR EPA'S PAST COSTS AS OF MAY 15, 2001 AND PROTECTION FROM CONTRIBUTION ACTIONS BROUGHT BY OTHER PARTIES. THIS SECOND CONSENT DECREE SHOULD REIMBURSE EPA FOR APPROXIMATELY $350,000 OF ITS PAST COSTS. THE FIRST CONSENT DECREE, WHICH WAS SIGNED BY APPROXIMATELY 400 PARTIES AND WAS LODGED WITH THE COURT ON SEPTEMBER 14, 2001, SHOULD REIMBURSE EPA FOR APPROXIMATELY $850,000. (FOR VARIOUS REASONS, THE EIGHT BUSINESSES MENTIONED ABOVE DID NOT SIGN THE FIRST CONSENT DECREE.) IN TOTAL, THE TWO CONSENT DECREES WILL REIMBURSE EPA FOR ALMOST 70% OF ITS APPROXIMATELY $1.6 MILLION OF PAST COSTS. (EPA FILED A COST RECOVERY LAWSUIT AGAINST THE CURRENT SITE OWNERS AND THE LARGEST VOLUMETRIC CONTRIBUTOR TO THE SITE FOR REIMBURSEMENT OF ITS REMAINING COSTS.) EPA DOES NOT HAVE PLANS TO PERFORM FURTHER CLEANUP WORK AT THE SITE. THE SECOND CONSENT DECREE WAS APPROVED BY DOJ ON JANUARY 8, 2001. A COMPLAINT AND NOTICE OF LODGING OF THE SECOND CONSENT DECREE SHOULD BE FILED IN FEDERAL DISTRICT COURT BY THE WEEK OF JANUARY 14, 2002 CONTACTS: EVE VAUDO AND ROB PHOCAS, LEGAL; AND MARTHA BOSWORTH, ENFORCEMENT COORDINATOR.

Defendants (8)

• CLY-DEL MANUFACTURING CONamed in complaintNamed in settlement
• DRESSER INCNamed in complaintNamed in settlement
• DRESSER INDUSTRIES INCNamed in complaintNamed in settlement
• FRANC MOTORS ET ALNamed in complaintNamed in settlement
• FUSCO CORPORATIONNamed in complaintNamed in settlement
• OIL RECOVERY CORPNamed in complaintNamed in settlement
• SOUTHAMPTON SANITARY ENGINEERINGNamed in complaintNamed in settlement
• WESTVACO CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• NATIONAL ENVIRONMENTAL SERVICE COMPANIES

  16 ELM ST, W HAVEN, CT, 06516

  Registry ID: 110045706884

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• FRANC MOTORS ET ALentered 2002-09-18

  Primary law: CERCLA

Timeline (6 milestones)

• 2002-01-08Referred To Dept Of Justice
• 2002-01-10Enforcement Action Data Entered
• 2002-01-11Complaint Filed With Court
• 2002-01-11Final Order Lodged
• 2002-09-18Concluded
• 2002-09-18Final Order Entered