EPA v. LIEDMAN, BERNARD

Case summary

THIS IS A REFERRAL UNDER SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9607, FOR RECOUPMENT OF NO LESS THAN $585,712.26 SPENT ON RESPONSE ACTIONS UNDERTAKEN IN CONNECTION WITH THE MID-ATLANTIC WOOD PRSERVERS SUPERFUND SITE LOCATED IN HARMAN, ANNE ARUNDEL COUNTY, MARYLAND ( SITE ). EPA ADDITIONALLY SEEKS A DECLARATORY JUDGMENT UNDER SECTION 113(G)(2) OF CERCLA, 42 U.S.C. SECTION 9613(G)(2), AND 28 U.S.C. SECTION 2201 FOR LIABILITY FOR COSTS INCURRED AT THE SITE AND NOT IDENTIFIED BY EPA IN ITS MOST RECENT COST REPORT. BETWEEN APPROXIMATELY 1974 AND 1994, FORT MCHENRY LUMBER COMPANY D/B/A MID-ATLANTIC WOOD PRESERVERS, INC. ( FORT MCHENRY ) OPERATED A WOOD TREATMENT FACILITY AT THE SITE. OPERATIONS LED TO THE CONTAMINATION OF SOILS WITH CHROMATED COPPER ARSENATE, THE TREATMENT COMPOUND USED AT THE FACILITY MCHENRY COMPLETED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY UNDER AN AGREEMENT WITH EPA IN JULY 1990. EPA ISSUED A RECORD OF DECISION IN DECEMBER 1990 CALLING FOR, AMONG OTHER THINGS, EXCAVATION, STABILIZATION, AND OFF-SITE DISPOSAL OF CERTAIN CONTAMINATED SOILS; CAPPING OF CERTAIN CONTAMINATED SOILS; AND CONSTRUCTION OF AN ENLARGED DRIP PAD FOR DRYING TREATED WOOD. EPA ORDER FORT MCHENRY TO IMPLEMENT THE SELECT REMEDIAL ACTION IN DECEMBER 1991. FORT MCHENRY AGREED TO COMPLY AND HAD COMPLETED REMEDIAL DESIGN WHEN, IN FEBRUARY 1993, THE COMPANY NOTIFIED EPA THAT IT WOULD CLOSE ITS BUSINESS AND CEASE OPERATIONS. THE COMPANY INDICATED, HOWEVER, THAT IT WOULD COMPLETE CONSTRUCTION OF THE REMEDIAL ACTION BY, AMONG OTHER THINGS, CAPPING THE AREA WHICH WOULD HAVE BEEN UNDERNEATH THE EXTENDED DRIP PAD. A SCALED BACK REMEDIAL DESIGN AND REMEDIAL ACTION WORK PLAN WAS COMPLETED BY THE COMPANY AND APPROVED BY EPA ON MAY 14, 1993. EXCAVATION AT THE SITE COMMENCED ON JUNE 16, 1993. THE NEXT DAY, EPA WAS ADVISED BY FORT MCHENRY'S COUNSEL THAT THE COMPANY WAS FINANCIALLY UNABLE TO COMPLETE THE REMEDIATION AND THAT IT WAS SELLING THE PROPERTY TO ITS NEIGHBOR, GUNTHER'S LEASING TRANSPORT, INC. ( GUNTHER ). EPA SUBSEQUENTLY NEGOTIATED A PROSPECTIVE PURCHASER AGREEMENT ( PPA ) WITH GUNTHER (THIS AGREEMENT BECAME EFFECTIVE IN JANUARY 1994). THE REMEDIAL ACTION WAS COMPLETED IN OR AROUND JULY 1993, LIKELY WITH THE ASSISTANCE OF GUNTHER. GUNTHER ASSUMED RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE REMEDY IN THE PPA. AT ALL RELEVANT TIMES, BERNARD LIEDMAN WAS THE PRESIDENT OF FORT MCHENRY AND MADE ALL DECISIONS REGARDING OPERATIONS. THE PRESENT LEGAL STATUS OF FORT MCHENRY AND MID-ATLANTIC WOOD PRESERVERS IS NOT KNOWN. INFORMATION PREVIOUSLY PROVIDED BY BERNARD LIEDMAN AND HIS COUNSEL REGARDING THESE ENTITIES APPEARS AT ODDS WITH INFORMATION OBTAINED INDEPENDENTLY BY EPA. EPA RECEIVED ADDITIONAL INFORMATION RELEVANT TO THESE ENTITIES FROM BERNARD LIEDMAN IN LATE AUGUST 1999 AND IS CURRENTLY REVIEWING SUCH INFORMATION. EPA DOES NOT CONTEMPLATE ADDITIONAL REPSONSE ACTIONS AT THE SITE.

Defendants (1)

• LIEDMAN, BERNARDNamed in complaintNamed in settlement

Facilities (1)

• MID-ATLANTIC WOOD PRESERVERS INC

  7457 SHIPLEY AVE, HARMANS, MD, 21077

  Registry ID: 110003512351

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• LIEDMAN, BERNARDentered 2001-05-31

  Primary law: CERCLA

Timeline (5 milestones)

• 1999-09-24Referred To Dept Of Justice
• 1999-09-28Enforcement Action Data Entered
• 2000-01-12Complaint Filed With Court
• 2001-05-03Final Order Lodged
• 2001-05-31Final Order Entered