EPA v. BYRON BARREL AND DRUM SITE

Case summary

THIS IS A CIVIL ACTION PURSUANT TO SECTIONS 106(B) AND 107(A) & (C) OF CERCLA, AGAINST MR. DARRELL L. FREEMAN, JR. TO RECOVER THE COSTS WHICH HAVE BEEN INCURRED, & WILL BE IN- CURRED BY THE GOV'T IN RESPONSE TO THE RELEASE & THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE BYRON BARREL AND DRUM DUMP & SEEKING CIVIL PENALTIES & PUNITIVE TREBLE DAMA- GES FOR NONCOMPLIANCE W/ AN ADMINISTRATIVE CERCLA 106 ORDER. MR. FREEMAN OWNS THE BYRON BARREL & DRUM DUMP IN BYRON, N.Y. THE SITE IS LISTED ON THE CERCLA NATIONAL PRIORITIES LIST. IT WAS USED FOR THE DISPOSAL OF HAZARDOUS WASTES, & RELEASES OF HAZARDOUS SUBSTANCES FROM THE SITE HAVE BEEN DOCUMENTED. AN ADMINISTRATIVE ORDER UNDER CERCLA 106 WAS ISSUED TO FREEMAN REQUIRING HIM TO PERFORM A REMOVAL ACTION AT THE SITE; HE FAILED TO COMPLY W/IN THE SPECIFIED PERIOD OF TIME. EPA THEREFORE IMPLEMENTED THE REMOVAL ACTION. PROPOSED RELIEF TO BE SOUGHT INCLUDES COST RECOVERY OF ALL GOVERNMENTAL EXPENDITURES TO DATE; DECLARATORY RELIEF AS TO LIABILITY FOR FUTURE COSTS; CIVIL PENALTIES FOR VIOLATING EPA'S ADMINISTRATIVE ORDER; PUNITIVE TREBLE DAMAGES FOR FREEMAN'S FAILURE TO COMPLY W/ THAT ORDER. * COPY OF COMPLAINT ON FILE 6/19/89. NAME OF THE COMPLAINT DARRELL L. FREEMAN, JR. * RD/RA PARTIAL CD ENTERED BY THE COURT ON 8/13/96. COST RECOVERY OF $1,250,000 + INTEREST AND FUTURE COSTS. * PAYMENT OF $1,273,948.87 REC'D BY EFT ON 10/15/96 (THIS INCLUDES THE INTEREST). VERIFICATION OF PAYMENT OF COST RECOVERY (PAST COSTS) TO CD FILE.

Defendants (5)

• FREEMAN, DARRELL L. JRNamed in complaintNamed in settlement
• FREEMAN, DARRELL L. JR. (3RD INSTRUMENT)Named in settlement
• GARLOCK INCNamed in complaintNamed in settlement
• UHL, WILLIAM SRNamed in complaintNamed in settlement
• UNISYS CORP

Facilities (1)

• BYRON BARREL & DRUM

  TOWN LINE ROAD, BYRON, NY, 14422

  Registry ID: 110009303217

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (3)

• DARRELL L. FREEMAN JR. ET AL (3)entered 1998-04-06

  Primary law: CERCLA

• DARRELL L. FREEMAN, JRentered 1997-11-17

  Primary law: CERCLA

• DARRELL L. FREEMAN JR. ET ALentered 1996-08-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-14Referred To Dept Of Justice
• 1986-07-31Referred TO U.S. Attorney
• 1986-08-05Complaint Filed With Court
• 1998-04-06Final Order Lodged
• 1998-04-06Final Order Entered
• 1998-04-06Concluded