EPA v. DISTLER BRICKYARD SITE

Case summary

NATURE OF THE CASE: THIS IS A COST RECOVERY ACTION UNDER SECTION 107(A) OF CERCLA. RECOVERY IS SOUGHT AGAINST THE PAST OPERATOR AND PERSONS WHO ARRANGED FOR DISPOSAL OR TREATMENT OR ARRANGED FOR TRANSPORT FOR DISPOSAL OR TREAT- MENT. ON 03/01/77, KLR LEASED AN OLD BRICKYARD MANUFACTURING PLANT (HARDIN COUNTY BRICK & TILE CO) FROM ITS OWNER MR. THOMAS HOEPPNER. THE BRICKYARD IS LOCATED ON THE EAST SIDE OF U.S. HWY 31 IN HARDIN COUNTY, JUST SOUTH OF WEST POINT, KY. KLR WAS FOUNDED BY DONALD DISTLER. REPORTS INDICATE THAT DISTLER STARTED DELIVERING INDUSTRIAL WASTE MATERIAL TO THE BRICK- YARD SITE IN LATE 1976 & CONTINUED UNTIL JANURARY, 1979. RELIEF SOUGHT: RECOVERY IS SOUGHT OF DOCUMENTED COSTS IN- CURRED AT THE DISTLER BRICKYARD SITE. COSTS AT THE DISTLER BRICKYARD PRESENTLY TOTAL $1,046,031.07. THIS TOTAL DOES NOT INCLUDE INTEREST; ATTORNEY'S FEES; ADDITIONAL COSTS FOR SITE CLEANUP; ENFORCEMENT COSTS; OR ADDITIONAL REMEDIAL COSTS.

Defendants (15)

• A.O. SMITH CORP.Named in complaint
• ANGELL MANUFACTURING CO.Named in complaint
• BASF CORP.Named in complaint
• CINCINNATI VARNISH CO., INC.Named in complaint
• DONALD E. DISTLERNamed in complaint
• ESSEX GROUP, INC.Named in complaint
• HY-KLAS PAINTS, INC.Named in complaint
• JAMES RIVER CORP OF NEVADANamed in complaint
• KENTUCKY LIQUID RECYCLING, INC.Named in complaint
• KURFEES COATINGS, INC.Named in complaint
• MCKESSON CORP.Named in complaint
• OWENS-ILLIONIS, INC.Named in complaint
• PORTER PAINT CO.Named in complaint
• UNION CARBIDE CORP.Named in complaint
• VELSICOL CHEMICAL CO.Named in complaint

Facilities (1)

• DISTLER BRICKYARD

  US HWYS 31 & 60, WEST POINT, KY, 40177

  Registry ID: 110009287636

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 107A — Cost Recovery

Timeline (7 milestones)

• 1986-09-30Referred To Headquarters
• 1986-10-31Returned To Region
• 1987-01-09Rereferred
• 1988-01-27Referred To Dept Of Justice
• 1988-03-25Complaint Filed With Court
• 1995-10-26Enforcement Action Closed
• 1995-10-26Concluded