EPA v. Barkman, Ernest

Case summary

'This civil litigation report ( Referral ) requests that a civil action be filed in the United States District Court for the Eastern District of Pennsylvania seeking an order to show cause why the following entities and individuals should not be held in civil contempt: Ernest Barkman; grace Barkman; Ern-Bark, Inc.; Bark-Ern, Inc.; and E.B. Corp, Inc. (collectively referred to herein as the Barkmans ). In June 1994, EPA Region III sent a referral to DOJ requesting that a civil action to be filed against Ernest Barkman and Grace Barkman pursuant to Sections 106(a) and 107(a) of the Comprehensive Environemtnal Responsee, Compensation and Liability Act, as amended, 42 U.S.C. section 9606(a) and 9607(a), ( CERCLA ) as the owners/operators of the Walsh Road Superfund Site (a/k/a Welsh Road and Barkman Landfill Site) ( Site ) in Honey Brook Township, Chester County, Pennsylvania. In February 1996, the Region submitted a supplmental referral which recommended additing three Pennsylvania corporation (Ern-Bark, Inc.; Bark-Ern, Inc.; and E.B. Corp., Inc.) which owns portions of the Site and/or operated from the Site and which are wholly owned by Ernest Barkman, as defendants to the proposed civil action under CERCLA Sections 106(a) and 107(a). A complaint naming the Barkmans and their related corporation was filed on September 20, 1996, in the United States District Court for Eastern District of Pennsylvania, seeking enforcement of a Unilateral Administrative Order ( UAO ) issued by EPA and an Amendment thereto (which required the Barkmans to clear and vacate the Site), to obtain penalties for non-compliance with the UAO and Amendment, and to recover past and future response cots for the Site. On March 5, 1998, the Pennsylvania Department of Enviromental Protection ( PADEP ) filed an action against the Barkmans and their related corporations pursuant to CERCLA and the Pennsylvania Hazardous Sites Cleanup Act ( HSCA ). The two actions were consolidatedd on May 11, 1998. On May 21, 1998, the United States filed a Motion for Summary Judgment and Enforcement of EPA''s UAO and Amendment. On December 17, 1998, the Court granted the United States'' Motion ( 1998 Judgment ). The 1998 Judgment provided, among other things, that the Barkmans must comply with the UAO and Amendment immediately unde rpenalty of contempt, tha they were liable for past and future response cost in connectioon with the Site, and that they were liable for a penalty of $100 per day for their willful failure to comply with the UAO and Amendment without sufficient cause. As of December 17, 1998, the penalty amount was $184,500.00. The Barkmans have not paid any of the penalty amount. In March 1999, EPA issued a UAO ( 1999 UAO ) to the Barkmans and their corporations and the other potentially responsible parties ( PRPs ) named in connection with the Site requiring them to complete the implementation of the remedy required by the 1990 ROD at the Site, which consists primarily of clearing the Site and construction of a landfill cap. Issuance of the 1999 UAO led to several of the PRPs forming a group ( the PRP Group ) and requesting that EPA consider construction of an alternate type of cap, different from the one specified in the 1990 ROD at the Site. Shortly after the 1998 Judgment was entered by the Court, the Barkmans began clearing the Site. During a visit to the Site in June 1999, EPA''s Remedial Project Manager ( RPM ) noted the progress that the Barkmans had made in clearing the Site. The RPM''s periodic Site visits were supplemented by visits to the Site made by the PRP Group''s representatives. One such visit in October 1999 confirmed that Site clearing was progressing. On a visit to the Site in June 2000, the RPM spoke with Mr. Barkman regarding his progress in clearing the Site. While Mr. Barkman insisted that he was continuing his efforts despite the problems he was having in finding good help, the RPM noted tha

Defendants (5)

• Barkman, ErnestNamed in complaintNamed in settlement
• Barkman, GraceNamed in complaintNamed in settlement
• Ern-Bark, IncNamed in complaintNamed in settlement
• Bark-Ern, IncNamed in complaintNamed in settlement
• E.B. Corp, IncNamed in complaintNamed in settlement

Facilities (1)

• WELSH ROAD SITE

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

  Registry ID: 110014422160

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• Barkman, Ernest, et. alentered 2003-04-03

  Primary law: CERCLA

  Federal penalty: $10,000

• Barkman, Ernest, et alentered 2003-12-19

  Primary law: CERCLA

Timeline (5 milestones)

• 2002-08-22Referred To Dept Of Justice
• 2002-10-30Enforcement Action Data Entered
• 2002-12-20Complaint Filed With Court
• 2003-12-19Final Order Entered
• 2003-12-19Final Order Lodged