EPA v. ALAIMO, JAMES L

Case summary

THE LITIGATION REFERRAL REQUEST THE INITIATION OF A CIVIL ACTION AGAINST 8 PARTIES PURSUANT TO SECTION 107A AND 106B OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT. THE ACTION SEEKS TO RECOVER RESPONSE COSTS INCURRED BY EPA AT THE RESOLVE MANUFACTURING SITE, THE ACTION ALSO SEEKS PENALTIES. PURSUANT TO SECTION 106B OF CERCLA FOR EACH PROPOSED DEFENDANT'S FAILURE TO COMPLY WITH A UNILATERAL ADMINISTRATIVE ORDER THAT DIRECTED THEM TO TAKE RESPONSE ACTIONS AT THE SITE, AND IN SO DOING TO FULLY PARTICIPATE AND COOPERATE WITH OTHER PRIVATE PARTIES WHO CONDUCTED SUCH WORK. WITH RESPECT TO FIVE OF THE PROPOSED DEFENDANTS, EPA EXECUTED A CONSENT DECREE FOR SETTLEMENT OF EPA'S CLAIMS FOR DIRECT AND INDIRECT COST INCURRED BY EPA IN CONNECTION WITH THE SITE, TOGETHER WITH ACCRUED INTEREST, AND PENALTIES FOR VIOLATION OF THE ORDER. A COMPLAINT AND THE CONSENT DECREE WERE FILED WITH THE COURT ON SEPTEMBER 30, 1991. THE REMAINDER OF THE CASE INVOLVES PURSUING A PENALTY ONLY ACTION AGAINST THE 3 REMAINING PROPOSED DEFENDANTS FOR THEIR VIOLATION OF THE ADMINISTRATIVE ORDER. * FACILITY NAME AND ADDRESS: RESOLVE MANUFACTURING, INC 100 HARMON AVE FALCONER, NY 14733 ************************************************************ COST RECOVERY COLLECTED $128.254.91 ON 11/18/91 AND $528.48 ON 11/22/91.

Defendants (8)

• COLONIAL MOTORS, INC.
• CUSTOM MUFFLER SERVICE CENTER, INC.Named in complaintNamed in settlement
• ENVIRONMENTAL SERVICE GROUP (NY),INCNamed in complaintNamed in settlement
• ALAIMO, JAMES L
• BERGER ELECTRIC, INC.
• ETHAN ALLEN, INC.Named in complaintNamed in settlement
• PRODUCTS FINISHING, INC.Named in complaintNamed in settlement
• SECO CORP.Named in complaintNamed in settlement

Facilities (1)

• RESOLVE MANUFACTURING INCORPORATED

  100 HARMON AVE, FALCONER, NY, 14733

  Registry ID: 110000616600

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106B — Superfund

Enforcement conclusions (1)

• ENVIRONMENTAL SERVICE GROUPentered 1991-10-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-01-01Enforcement Action Data Entered
• 1991-09-25Referred To Dept Of Justice
• 1991-09-30Complaint Filed With Court
• 1991-10-30Final Order Lodged
• 1991-10-30Final Order Entered
• 1991-10-30Concluded
• 1992-05-29Enforcement Action Closed