EPA v. LUMINOUS PROCESSES

Case summary

LUMINOUS PROCESSES, INC IS AN ABANDONED MANUFACTUR- ING FACILITY LOCATED APPROX 4 MILES WEST OF DOWNTOWN ATHENS ON US HIGHWAY 78/29. THE CO UTILIZED RADIOACTIVE MATERIALS IN THE PRODUCTION OF LUMINOUS WATCH & CLOCK DIALS DURING THE PD BETWEEN 1952 & 1978. THE BUILDINGS & SURROUNDING GROUNDS, INCLUDING ADJA- CENT PROPERTY, ARE CONTAMINATED W/RADIUM-226 & TRITIUM THAT ARE IN EXCESS OF GENERALLY ACCEPTED CRITERIA FOR PERMISSIBLE LEVELS OF RADIATION OR RADIOACTIVE MATERIALS IN UNRESTRICTED OR NON-CONTROLED AREAS. THERE IS A POTEN- TIAL FOR ADDITIONAL SPREAD OF CONTAMINATION THROUGH LEAC- HING & EROSION BY WIND & WATER. THE SITE IS IN A HIGH GROWTH AREA WHERE PRESENTLY THE ADJACENT PROPERTY CONSIS- TS OF COMMERCIAL BUSINESS FIRMS & RESIDENCES. ON 4/20/81, THE STATE FILED SUIT IN SUPERIOR COURT AGAINST THE DEFUNCT CO, LUMINOUS PROCESSES. THE CO SUB- SEQUENTLY FILED FOR BANKRUPTCY. THE STATE ACTION IS AN ATTEMPT TO PIERCE THE CORP VEIL & HOLD THE OFFICERS & DIRECTORS OF THE CORP INDIVIDUALLY LIABLE. EPA HAS USED SUPERFUND TO CLEAN UP THE SITE, INCLUDING THE CONTAMINA- TED BUILDINGS. THE SITE IS ON THE PROPOSED NPL.

Defendants (5)

• LUMINOUS PROCESSESNamed in complaintNamed in settlement
• BISCHOFFNamed in complaintNamed in settlement
• KELLY, JOSEPH A. JR.Named in complaintNamed in settlement
• KOEGL, WILLIAM G.Named in complaintNamed in settlement
• RADIUM CHEMICAL CO., INC.Named in complaintNamed in settlement

Facilities (1)

• LUMINOUS PROCESSES, INC.

  US HWY 78 & 29 4 MILES W, ATHENS, GA, 30622

  Registry ID: 110009282267

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• LUMINOUS PROCESSES INC., ET ALentered 1984-12-12

  Primary law: CERCLA

Timeline (8 milestones)

• 1983-01-31Referred To Headquarters
• 1983-04-11Referred To Dept Of Justice
• 1983-09-21Referred TO U.S. Attorney
• 1983-09-26Complaint Filed With Court
• 1984-12-12Final Order Lodged
• 1984-12-12Final Order Entered
• 1984-12-12Concluded
• 1988-10-01Enforcement Action Closed