EPA v. SPANOS, ANTHONY,INC (GEORGIA AVENUE PC SITE)

Case summary

ACTNG DEPUTY DIVISION DIRECTOR KAREN MELVIN ISSUED AN ADMINISTRATIVE ORDER UNDER SECTON 104(E)(5) OF CERCLA TO COMPEL COMPLIANCE WITH A PREVIOUSY-ISSUED NFORMATION REQUEST BY EPA UNDER CERCLA. THE ORDER HAS BEEN ISSUED TO TWO PERSONS, ANTHONY SPANOS, INC. (ASI) AND GUS DINOS. ASI OPERATED A DRY-CLEANING FACILITY AT THE GEORGIA AVENUE PCE SITE IN WASHINGTON,D.C. FOR MORE THAN FORTY YEARS. MR. DINOS MANAGED THE FACILITY DURING THAT TIME AND IS A CORPORATE OFFICER OF ASI. IN 2008, RELEASES OF PCE FROM ASI's FACILITY CAUSED THE TEMPORARY CLOSURE OF A DAY-CARE CENTER LOCATED NEXT DOOR. IN 2009, THE DISTRICT DEPARMENT OF ENVIRONMENT (DDOE) REQUESTED THAT EPA USE ITS EMERGENCY RESPONSE AUTORITIES TO ASSESS CONDITIONS AT THE SITE. EPA'S INVESTIGATIONS LED TO THE DISCOVERY OF RELEASES OF PCE FROM THE ASI FACILITY ITSELF AS WELL AS FROM SOIL GASES LOCATED NEAR AND BENEATH THE FACILITY. EPA INSTALLED REMEDIATIONS SYSTEMS AT BOTH THE ASI FACILITY AND THE DAY-CARE CENTER TO MITIGATE THE THREAT POSED BY THE PCE RELEASES. IN MARCH 2012, EPA SENT RESPONDENT ASI A REQUEST FOR INFORMATION UNDER SECTION 104(e)(2) OF CERCLA. THE INFORMATION REQUEST WAS SENT TO RESPONDENT GUS DINOS, WHO IS THE REGISTERED AGENT OF ASI. TH REQUEST FOR INFORMATION HAD A GENERAL DEADLINE OF THIRTY DAYS (NINETY DAYS FOR INSURANCE-RELATED INFORMATION). NO RESPONSE WAS RECEIVED BY EPA. IN AUGUST 2012, EPA RENEWED ITS REQUEST FOR INFORMATION WITH A FOLLOW-UP LETTER, WHICH GAVE RESPONDENTS SEVEN ADDITIONAL DAYS TO RESPOND. EPA'S REQUEST FOR INFORMATION REMAINS UNANSWERED TO THIS DAY. UNDER THE ORDER, RESPONDENTS ARE REQUIRED TO RESPOND TO EPA'S REQUEST FOR INFORMATION NO LATER THAN THIRTY DAYS AFTER THE ORDER'S EFFECIVE DATE. THE EFFECTIVE DATE WLL BE THIRTY DAYS AFTER THE ORDER WAS SIGNED(MAY 15, 2013) TO PROVIDE RSPONDENTS AN OPPORTUNITY TO CONFER WTH THE AGENCY ABOUT THE ORDER AND THE REQUIRED SUBMISSION OF INFORMATION.

Defendants (2)

• DINOS, GUS (SB)Named in settlement
• SPANOS, ANTHONY, IN (SB)Named in settlement

Facilities (1)

• GEORGIA AVENUE PCE SITE

  6143 GEORGIA AVENUE, N. W., WASHINGTON, DC, 20011-5109

  Registry ID: 110039388490

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• SPANOS, ANTHONY,INC (GEORGIA AVENUE PC SITE)entered 2013-04-15

  Primary law: CERCLA

Timeline (2 milestones)

• 2013-04-15Final Order Issued
• 2013-04-30Enforcement Action Data Entered