EPA v. KURT ORBAN COMPANY INC ET AL

Case summary

THIS IS A CIVIL ACTION PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. SECT. 9607(A) SEEKING RECOVERY FROM FIVE POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) OF COSTS INCURRED BY THE U.S. EPA AT THE MADISON WIRE SUPERFUND SITE, AND FURTHER SEEKS PENALTIES PURSUANT TO SECT. 106(B) AND TREBLE DAMAGES PURSUANT TO SECT. 107(C)(3) FOR ONE PRP'S FAILURE TO COMPLY WITH AN ADMINISTRATIVE ORDER DIRECTING THE PERFORM- ANCE OF A REMOVAL ACTION AT THE SITE. * OTHER SIGNIFICANT ASPECTS OF CASE: THIS CASE INVOLVES THE ABANDONMENT OF A MANUFACTURING BUSINESS AFTER THE ASSIGNMENT OF THE BUSINESS' ASSETS IN AN ATTEMPT TO AVOID LIABILITIES, INCLUDING KNOWN ENVIRONMENTAL LIABILITIES. THE PROPOSED COST RECOVERY ACTION IS SIGNIFI- CANT IN THAT IT MAY HAVE A DETERRENT EFFECT ON OTHER MANAGING CORP'S AND INDIVIDUALS WHOSE ATTEMPTS TO EVADE RESPONSIBILITY RESULT IN THE EXPENDITURE OF SUPERFUND MONIES FOR CLEANUP. FURTHER, ASSIGNEES OF THE ASSETS OF THE BUSINESS MAY HAVE SOME LIABILITY PARTICULARLY SINCE THE ASSIGNMENT ITSELF COULD POSSIBLY BE SET ASIDE UNDER THE FEDERAL PRIORITIES STATUTE OR ON THE BASIS OF FRAUD.

Defendants (5)

• ATLANTIC WIRE CO INCNamed in complaintNamed in settlement
• KURT ORBAN COMPANY INCNamed in complaintNamed in settlement
• LAWLOR, ROBERTNamed in complaintNamed in settlement
• ORBAN INDUSTRIES INCNamed in complaintNamed in settlement
• ORBAN, KURTNamed in complaintNamed in settlement

Facilities (1)

• MADISON WIRE WORKS CO INC

  324 INDIAN CHURCH RD, WEST SENECA, NY, 14224

  Registry ID: 110009342336

Statutes cited

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

Enforcement conclusions (2)

• KURT ORBAN COMPANY INC ETentered 1992-03-30

  Primary law: CERCLA

  Federal penalty: $2,069,706

• ORBAN INDUSTRIES, INC.entered 1992-08-12

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-08-21Enforcement Action Data Entered
• 1990-08-23Referred To Dept Of Justice
• 1990-08-30Complaint Filed With Court
• 1992-08-12Final Order Lodged
• 1992-08-12Final Order Entered
• 1992-08-12Concluded
• 1994-09-30Enforcement Action Closed