EPA v. BARKMAN, ERNEST AND GRACE

Case summary

THIS REFERRAL REQUESTS THAT A CIVIL ACTION BE FILED AGAINST ERNEST BARKMAN AND GRACE BARKMAN IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TO ENFORCE AN ADMINISTRATIVE ORDER AND AMENDMENT TO ADMINISTRATIVE ORDER ( ORDER AND AMENDMENT ) ISSUED BY THE ENVIRONMENTAL PROTECTION AGENCY ( EPA ) PURSUANT TO SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA ), TO RECOVER PENALTIES FOR NONCOMPLIANE WITH THE ORDER AND AMENDMENT PURSUANT TO CERCLA SECTION 106(B), AND FOR RECOUPMENT OF COSTS INCURRED AND TO BE INCURRED FOR REMOVAL AND REMEDIAL RESPONSE MEASURES TAKEN AT THE WALSH LANDFILL SITE (A/K/A WELSH LANDFILL SITE), PURSUANT TO SECTION 107(A). ALSO DISCUSSED IN THIS REFERRAL IS A POTENTIAL FUTURE CLAIM UNDER CERCLA SECTION 107(C)(3) FOR PUNITIVE DAMAGES OF THREE TIMES THE COSTS THE UNITED STATES PERFORMS THE WORK REQUIRED BY THE ORDER AND AMENDMENT. THIS ACTION IS IN THE CLASS OF CASES WHICH MUST BE REFERRED TO DOJ BY EPA HEADQUARTERS BECAUSE IT SEEKS ENFORCEMENT OF AN ORDER WHICH INCLUDES A PROVISION FOR ACCESS. 09/30/94: THIS IS A PRE-REFERRAL SETTLEMENT NEGOTIATION LITIGATION REPORT ( PRN ) FOR A PROPOSED CIVIL ACTION UNDER SECTION 106(A) AND 107(A) OF CERCLA FOR THE WALSH ROAD LANDFILL SITE (A/K/A WELSH ROAD LANDFILL SITE) IN HONEY BROOK TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA. THE REPORT SUPPLEMENTS A CERCLA LITIGATION REPORT RECOMMENDING A CIVIL ACTION AGAINST ERNEST AND GRACE BARKMAN SUBMITTED ON JUNE 28, 1994 FOR THE SITE BY IDENTIFYING TWO ADDITIONAL PARTIES SUBJECT TO THE GOVERNMENTS CLAIMS UNDER CERCLA SECTION 106(A) AND 107(A) AND FOR REIMBURSEMENT OF PAST AND FUTURE COSTS AND PERFORMANCE OF THE REMEDIAL ACTION AT THE SITE AND INCLUDES THE REMAINING PARTIES POTENTIALLY SUBJECT TO A CERCLA SECTION 107(A) CLAIM IN CONNECTION WITH THE SITE. 09/29/95: THIS IS A DIRECT REFERRAL OF CIVIL LITIGATION UNDER SECTION 106(A) AND 107(A) OF CERCLA FOR THE WALSH ROAD SUPERFUND SITE (A/K/A WELSH ROAD SUPERFUND SITE AND THE BARKMAN LANDFILL SITE) IN HONEY BROOK TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA. ON SEPTEMBER 30, 1994, THE REGION FORWARDED A PRE-REFERRAL NEGOTIATION CIVIL LITIGATION REPORT (PRN) TO THE DEPARTMENT OF JUSTICE (DOJ) IN CONNECTION WITH THE SITE. THE PRN IDENTIFIED TWO ADDITIONAL PARTIES, ALUMINUN COMPANY OF AMERICA AND UNISYS CORPORATION, WHICH ARE SUBJECT TO THE GOVERNMENT'S CLAIMS UNDER CERCLA SECTION 106(A) AND 107(A). THE PRN NOW SUBSTITUTES FOR A FULL LITIGATION REPORT BECAUSE NO NEGOTIATED SETTLEMENT COULD BE REACHED IN THIS MATTER AND ALL INFORMATION NECESSARY TO FILE A COMPLAINT IS CONTAINED IN THE PRN. 02/22/96: THE REGION SENT A SUPPLEMENTAL REFERRAL TO DOJ REQUESTING THAT ERN-BARK, INC., BARK-ERN, INC. AND E.B. CORP. BE ADDED AS DEFENDANTS IN THE CIVIL ACTION PREVIOUSLY REFERRED ON JUNE 28, 1994 IN CONNECTION WITH THE WELSH RD. SUPERFUND SITE. THE JUNE 28, 1994 REFERRAL RECOMMENDED THAT A COMPLAINT BE FILED AGAINST ERNEST AND GRACE BARKMAN PURSUANT TO SECTIONS 106 AND 107 OF CERCLA FOR ENFORCEMENT OF AN ADMINISTRATIVE ORDER AND AMENDMENT TO ADMINISTRATIVE ORDER AND FOR COST RECOVERY. A SUPPLEMENTAL REFERRAL DATED SEPTEMBER 29, 1995 WAS SENT TO DOJ BY THE REGION REQUESTING THAT THE ALUMINUM COMPANY OF AMERICA AND UNISYS CORPORATION, BOTH GENERATORS NAMED IN EPA'S SEPTEMBER 30, 1994 PRN, BE ADDED AS DEFENDANTS IN THE RECOMMENDED ACTION AGAINST ERNEST AND GRACE BARKMAN. 03/31/97: SUPPLEMENTAL PRE-REFERRAL NEGOTIATION CIVIL LITIGATION REPORT ( SUPPLEMENTAL PR

Defendants (6)

• ALUMINUM CO OF AMERICA
• BARK-ERN, INCNamed in settlement
• BARKMAN, ERNEST AND GRACENamed in complaintNamed in settlement
• E B CORPNamed in complaintNamed in settlement
• ERN-BARK, INCNamed in settlement
• UNISYS CORPORATION

Facilities (1)

• WALSH LANDFILL (A/K/A WELSH ROAD & BARKMAN LANDFILL SUPERFUND SITE

  ROUTE 10 AND WELSH ROAD, HONEY BROOK, PA, 19344

  Registry ID: 110009308132

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BARKMAN, ERNEST AND GRACEentered 1998-12-18

  Primary law: CERCLA

  Federal penalty: $184,500

Timeline (5 milestones)

• 1994-01-01Enforcement Action Data Entered
• 1994-06-28Referred To Dept Of Justice
• 1996-09-20Complaint Filed With Court
• 1998-12-18Final Order Lodged
• 1998-12-18Final Order Entered