EPA v. A-1 STORAGE TRAILER

Case summary

THE SITE CONSIST OF THREE SEPARATE PARCELS OF PROPERTY: (1) 1700 CHERRY HILL ROAD, BALTIMORE, MD; (2) 701 PUTTMAN ROAD, BALTIMORE, MD; AND (3) 2690 OLD WASHINGTON ROAD, WALDORF, MD. TRAILERS FILLED WITH 300 55-GALLON DRUMS (SOME FULL AND SOME EMPTY) CONTAINING HAZARDOUS SUBSTANCES WERE TRANSPORTED TO THESE THREE LOCATIONS AND ABANDONED. THE EIGHT PARTIES RECOMMENDED AS DEFENDANTS ARE EITHER OWNERS, OPERATORS, GENERATORS AND/OR TRANSPORTERS WHO DISPOSED OF THE 300 DRUMS. THE ABANDON TRAILERS AND DRUMS WERE DISCOVERED IN APRIL OF 1996 BY MARYLAND STATE OFFICIALS DURING AN UNRELATED CRIMINAL INVESTIGATION. BEGINNING ON OR ABOUT APRIL 5, 1996, EPA CONDUCTED AN INITIAL SITE ASSESSMNENT TO DETERMINE THE EXTENT OF CONTAMINATION. ON APRIL 8, 1996, THE REGIONAL ADMINISTRATOR FOR REGION 3 DETERMINED THA THE SITE CONDITIONS POSED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH AND THE ENVIRONMENT BASED ON THE RELASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT THE SITE. THUS, EPA APPROVED THE USE OF SUPERFUND MONEY TO RESPOND TO THE TREAT. BEGINNING ON OR ABOUT APRIL 9, 1996, EPA, THE SITE ASSESSMENT AND TECHNICAL ASSISTANCE TEAM AND EMERGENCY RESPONSE CLEANUP SERVICES MOBILIZED AND COMMENCED REMOVAL ACTIVITIES. AS OF APRIL 26, 1999, EPA EXPENDED APPROXIMATELY $250,600 IN RESPONSE COSTS FOR THE SITE. EPA SEEKS TO RECOVER THESE COSTS, TOGETHER WILL ALL OTHER PAST, PRESENT OR FUTURE COSTS FROM THE RECOMMENDED DEFENDANTS, PURSUANT TO CERCLA SECTIONS 107(A) AND 113(G)(2) AND THE DECLARATORY JUDGMENT ACT, 28 U.S.C. SECTION 2201. ON SEPTEMBER 30, 1999, W. MICHAEL MCCABE, REGION III REGIONAL ADMINISTRATOR, RECOMMENDED THAT DOJ FILE A CIVIL ACTION AGAINST BERNARD BAILEY FOR VIOLATION OF CERCLA SECTION 104(E), 42 U.S.C. 9602(E), FAILURE TO COMPLY TO A LEGITIMATE INFORMATION GATHERING REQUEST UNDER CERCLA. THE PROPOSED DEFENDANT IS ALSO A DEFENDANT IN THE UNDERLYING COST-RECOVERY ACTION IN CONNECTION WITH THE CHERRY PIT CLEANUP SITE.

Defendants (8)

• A-1 STORAGE TRAILERNamed in complaintNamed in settlement
• AUTHORIZED TRAILER SERVICES, INC.Named in complaint
• BAILEY, BERNARDNamed in complaintNamed in settlement
• ISENHART, ARTHUSNamed in complaint
• KATZ, GEORGENamed in complaint
• KATZ, PHILIPNamed in complaintNamed in settlement
• SHEPKE, GLENNamed in complaintNamed in settlement
• SOUTHERN MARYLAND TRAILER RENTALNamed in complaintNamed in settlement

Facilities (2)

• CHERRY PIT DRUM

  701 PITTMAN ROAD - SITE B, BALTIMORE, MD, 21226

  Registry ID: 110009348802

• CHERRY PIT DRUM

  2690 OLD WASHINGTON RD, WALDORF, MD, 20601

  Registry ID: 110010616798

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• A-1 STORAGE TRAILER, ET ALentered 2001-03-12

  Primary law: CERCLA

  Federal penalty: $5,000

Timeline (5 milestones)

• 1999-06-30Referred To Dept Of Justice
• 1999-07-01Enforcement Action Data Entered
• 2001-01-05Final Order Lodged
• 2001-01-05Complaint Filed With Court
• 2001-03-12Final Order Entered