EPA v. Daphne Thomas

Case summary

Respondent owns a residential property adjacent to a former manufacturing facility. Radiological contamination has been detected in the soil at the residential property. The investigation must be completed, and the radiologically-contaminated materials removed, but respondent has denied access to EPA, preventing EPA and the PRP from completing the remedial action. EPA issued an access order to Ms. Thomas requiring her to provide access to EPA so that the investigation can be completed, the contaminated materials removed from the property and the property restored to pre-construction conditions. Without any explanation she has refused to comply. The Referral seeks enforcement of EPA's access order and a penalty for noncompliance. A Settlement Agreement was negotiated with the Respondent, whereby she will provide access to the property upon her permanent relocation or death. Although EPA did seek civil penalties in the complaint in order to have the Respondent take the matter seriously, EPA decided not to seek civil penalties in the settlement for equitable reasons. The Respondent is in her 90s and the depth of her understanding of this matter has been questionable in recent years. She and her son, who is in his 60s, both appear to have a humble life style, living in an economically depressed

Defendants (1)

• Thomas, DaphneNamed in complaintNamed in settlement

Facilities (1)

• U.S. RADIUM CORP.

  ALDEN & HIGH STS AND OTHER ADDRESSES, ORANGE, NJ, 07050

  Registry ID: 110009300167

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (1)

• Daphne Thomasentered 2006-10-25

  Primary law: CERCLA

Timeline (6 milestones)

• 2005-03-01Enforcement Action Data Entered
• 2005-03-08Referred To Dept Of Justice
• 2005-08-08Complaint Filed With Court
• 2006-10-25Final Order Entered
• 2006-10-25Final Order Lodged
• 2006-10-25Concluded