EPA v. NEWPORT DUMP SITE

Case summary

THIS REFERRAL REQUESTS THAT A CIVIL ACTION BE FILED PUR- SUANT TO SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. SECTION 9607, AS AMENDED BY THE SUPERFUND AMENDEMENTS AND REAUTHORIZATION ACT OF 1986, P.L. 99-499, FOR REIMBURSEMENT OF COSTS INCURRED BY THE U.S. EPA IN RESPONSE TO THE RELEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT THE NEWPORT DUMP SITE IN WILDER, CAMPBELL COUNTY, KENTUCKY. THE POTENTIAL DEFENDANTS INCLUDE THE PERSONS, AS THAT TERM IS DEFINED IN SECTION 101(21) OF CERCLA, WHO (1) OWNED OR OPERATED THE SITE; (2) PRESENTLY OWN THE SITE; (3) GENERATED OR TRANSPORTED HAZARDOUS SUBSTANCES TO THE SITE OR ARRANGED WITH A TRANSPORTER FOR THE TRANSPORT FOR DISPOSAL OF HAZARDOUS SUBSTANCES AT THE SITE; AND (4) ACCEPTED HAZARDOUS SUBSTANCES AND TRANSPORTED THEM TO THE SITE. THE TOTAL COST INCURRED BY EPA FOR THE SITE IS $3,513,715.27.

Defendants (8)

• CERAMIC COATING CO.Named in complaintNamed in settlement
• DAVID J. JOSEPH, CO.Named in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 2Named in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 3Named in complaintNamed in settlement
• DURO BAG MFG. CO.Named in complaintNamed in settlement
• G. HEILEMAN BREWING CO.Named in complaintNamed in settlement
• NEWPORT, KENTUCKY CITY OFNamed in complaintNamed in settlement
• NORTHERN KENTUCKY PORT AUTHORITYNamed in complaintNamed in settlement

Facilities (1)

• NEWPORT DUMP

  LICKING RIVER, WILDER, KY, 41076

  Registry ID: 110010586712

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• BOND CORP. NORTH AMERICAentered 1993-10-25

  Primary law: CERCLA

• NEWPORT CITY OF V. U.Sentered 1992-12-31

  Primary law: CERCLA

• DAVID J. JOSEPH CO. V. U.S.entered 1992-10-29

  Primary law: CERCLA

Timeline (7 milestones)

• 1982-06-28Enforcement Action Data Entered
• 1988-12-30Referred To Dept Of Justice
• 1989-05-30Complaint Filed With Court
• 1993-10-25Final Order Lodged
• 1993-10-25Final Order Entered
• 1993-10-25Concluded
• 1997-01-24Enforcement Action Closed