EPA v. Timmons Corporation (SB) et al.

Case summary

This is a cost recovery action against the corporation and the property, in rem. Also, EPA is seeking penalties for failure to respond to a 104(e) information request letter. On February 8, 2006, U.S Magistrate issued a Memorandum Decision and Order granting the United States' motion for summary judgment. In the Order, the Court ordered the Adirondack Steel Site property sold. This step has not been taken with permission of the Court because the State of New York is performing a remedial investigation. The Court also found Mr. Stone liable under Section 104(e) of CERCLA for failing to answer an information request from EPA. The amount of the penalty has not been determined pending a determination on ability to pay of Mr. Stone. Currently, there is a partial judgment in this case for cost recovery.

Defendants (2)

• Timmons Corporation (SB)Named in complaintNamed in settlement
• Stone, Sr. Donald W.Named in complaintNamed in settlement

Facilities (1)

• ADIRONDACK STEEL SITE

  SHAKER RD, WATERVLIET, NY, 12189

  Registry ID: 110064150911

Statutes cited

• CERCLA 107L — Lien
• CERCLA 104E2 — Information and/or Access
• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Timmons Corporation (SB) et al.entered 2006-02-08

  Primary law: CERCLA

Timeline (6 milestones)

• 2002-09-30Referred To Dept Of Justice
• 2002-10-03Enforcement Action Data Entered
• 2003-07-29Complaint Filed With Court
• 2006-02-08Final Order Entered
• 2006-02-08Final Order Lodged
• 2006-02-08Concluded