EPA v. JOHAN MARCH HEWARD

Case summary

MEMO TO HQ 7/22/99 REQUESTING APPROVAL OF LITIGATION REFERRAL REPORT RELATED TO A COST RECOVERY ACTION UNDER CERCLA SECTION 107(A)(3). THIS ACTION SEEKS RECOVERY OF COSTS INCURRED BY EPA IN PERFORMANCE OF A REMOVAL RESPONSE AT THE EPA REGION 2 INDUSTRY COURT SITE, SUFFOLK COUNTY, NY. THE PROPOSED CIVIL ACTION IS A PARALLEL PROCEEDING IN THAT THE PROPOSED DEFENDANT, IS THE SUBJECT OF A CRIMINAL INVEST- IGATION BEING CONDUCTED BY EPA REG 5 CID AND BY THE OFFICE OF U.S. ATTY EDM (MICHIGAN). EPA REGION 2 HAS RECEIVED CONCURRENCE FROM SAC CID REG 5, AND THE RC REG 2. WE HAVE ALSO BEEN ADVISED THAT THE AUSA EDM W/ RESPONSIBILTY FOR CRIMINAL INVESTIGATION, & THE AUSA EDNY W/ RESPONSIBILTY FOR CERCLA COST RECOVERY ISSUES, HAVE SPOKEN ABOUT THIS MATTER IN ANTICIPATION OF RECEIPT OF THIS CIVIL LITIGATION REFERRAL. WE RECOMMEND THAT THE LITIGATION BE FILED BEFORE AUG. 2ND AGAINST THE PROPOSED DEFENDANT. EPA STAFF HAVE BEEN DISCUSSING THIS CASE W/ THE DOJ STAFF AND STAFF AT THE U.S. ATTY'S OFFICE EDNY AND THEY ARE PREPARING TO TIMELY FILE THE LITIGATION IN THE EVENT OF THEIR RECEIPT OF THE CIVIL LIGIGATION REFERRAL. * SITE: INDUSTRY COURT, 171 E. INDUSTRY COURT, DEER PARK, NY. * In 1996, EPA performed a fund-lead removal action under CERCLA to address barrels of hazardous wastes that were abandoned in a stolen truck trailer at the Industry Court site in Suffolk County, NY. In 1999, the US (on behalf of EPA) commenced a civil action in federal district court in EDNY against John March Heward seeking recovery of costs incurred in the removal action. In February 2000, Ms. March filed for bankruptcy in MD Florida and on November 19, 2001 the EDNY dismissed the CERCLA 107 action, without prejudice to the right to reopen the action if settlement between the parites is not consummated. The US (on behalf of EPA) filed a proof of claim in the amount of $166,353.92. In January 2003, the bankruptcy court confirmed debtors plan which requires payment of 20 cents on the dollar, payable over 48 months. On April 29, 2003, the bankruptcy court issied an Order Allowing and Disallowing Claims and Ordering Disbursements which allowed the US claim in its full amount. Additionaly, Ms. March was convicted in 2002 in ED Michigan of RCRA criminal counts and part of her sentence (in addition to jail time) included an order of restitution to EPA in the amount of $175,819.45.

Defendants (2)

• ENDRES, MARTIN
• HEWARD, JOHAN MARCHNamed in complaint

Facilities (1)

• INDUSTRY COURT SITE

  171 E. INDUSTRY COURT, DEER PARK, NY, 11729

  Registry ID: 110009302085

Statutes cited

• CERCLA 107C3 — Treble Damages

Timeline (6 milestones)

• 1999-06-23Enforcement Action Data Entered
• 1999-07-22Referred To Headquarters
• 1999-07-26Referred To Dept Of Justice
• 1999-07-30Complaint Filed With Court
• 2001-11-19Enforcement Action Closed
• 2001-11-19Concluded