EPA v. SONORA / CARLIE MIDDLETON SITE

Case summary

EPA, REGION IV, FILED THIS CIVIL COST RECOVERY REFERRAL WITH THE DEPARTMENT OF JUSTICE PURSUANT TO SECTION 107 OF CERCLA, REQUESTING THAT DOJ FILE A COST RECOVERY ACTION AGAINST FOUR POTENTIALLY RESPONSIBLE PARTIES (PRPS) TO RECOVER COSTS INCURRED DURING REMOVAL ACTIVITIES CONDUCTED AT TWO SITES. THE SONORA SITE AND THE CARLIE MIDDLETON METAL YARD SITE (THE SITES) ARE LOCATED WITHIN FIVE MILES OF EACH OTHER IN HARDIN COUNTY, KENTUCKY. OVER THE PERIOD BEGINNING IN 1979 AND ENDING IN 1989, THE OPERATORS TRANSPORTED VARIOUS FORMS OF INDUSTRIAL WASTE MATERIALS, INCLUDING TRANSFORMERS AND OTHER FORMS OF ELECTRICAL EQUIPMENT, TO THE SITES. ONCE AT THE SITES, THE OPERATORS SEPARATED VALUABLE METALS FROM THE INDUSTRIAL WASTE MATERIALS BY BURNING OIL AND INSULATION IN OR ON THE WASTES AND BY MANUALLY REMOVING VALUABLE METALS FROM THE RUBBLE. THESE ACTIVITIES RESULTED IN THE RELEASE OF THE HAZARDOUS SUBSTANCES LEAD AND COPPER AT THE SITES. DUE TO THE GEOGRAPHIC PROXIMITY AND THE SIMILARITY OF WASTE STREAMS OF THE SITES, THE SITES WERE TREATED AS SUBSITES FOR PURPOSES OF CONCURRENT REMOVAL ACTIVITIES WHICH WERE CONDUCTED DURING THE PERIOD 1989-1991. THE REFERRAL ADDRESSED COSTS EXPENDED AT BOTH SITES BECAUSE (1) THE SITES WERE COMBINED DURING THE REMOVAL ACTION, (2) OPERATIONS AT THE SITES WERE IDENTICAL AND THE SAME PERSONS OPERATED THE SITES, AND (3) THE DEFENDANTS ARE THE SAME FOR EACH SITE. EPA IDENTIFIED 14 PRPS; HOWEVER, FOR VARIOUS REASONS, THE REGION ONLY REQUESTED THAT DOJ NAME FOUR PRPS AS DEFENDANTS. THE FOUR PRPS INCLUDE: (1) TMG ENTERPRISES, INC., D/B/A METALCENTER, INC.; (2) THE KENTUCKY ASSOCIATION OF ELECTRICAL COOPERATIVES, INC.; (3) OMNISOURCE CORPORATION; AND (4) LOUISVILLE GAS & ELECTRIC COMPANY. EACH OF THESE FOUR PRPS ARRANGED FOR THE DISPOSAL OF HAZARDOUS SUBSTANCES FOUND AT THE SITES. THUS, EACH IS LIABLE UNDER CERCLA SECTION 107(A)(3), 42 U.S.C. SECTION 9607(A)(3). THE TOTAL COSTS INCURRED BY EPA AT THE SITES WAS $1,614,485.30. THE REFERRAL IS DATED DECEMBER 22, 1992.

Defendants (53)

• SHELBY RURAL ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• K&R CORPORATIONNamed in complaintNamed in settlement
• K&R CORPORATION, D/B/A TRI-CITY SCRAP CONamed in complaintNamed in settlement
• KENTUCKY ASSOCIATION OF ELECTRICAL COOPNamed in complaintNamed in settlement
• KLETTER, HARRYNamed in complaintNamed in settlement
• OWEN ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• PENNYRILE RURAL ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• RAS, INC.Named in complaintNamed in settlement
• SALT RIVER ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• SHELBY ENERGY COOPERATIVE, INC.Named in complaintNamed in settlement
• SOUTH KENTUCKY RURAL ELECTRIC COOPERATIVNamed in complaintNamed in settlement
• TAYLOR COUNTY RURAL ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• TMG ENTERPRISES, DBA METAL CENTERNamed in complaintNamed in settlement
• TMG ENTERPRISES, INC.Named in complaintNamed in settlement
• L&S METALS PROCESSING, INC.Named in complaintNamed in settlement
• LICKING VALLEY RURAL ELECTRIC COOPERATIVNamed in complaintNamed in settlement
• LOUISVILLE GAS AND ELECTRIC CO.Named in complaintNamed in settlement
• LOUISVILLE GAS & ELECTRIC COMPANYNamed in complaintNamed in settlement
• MEADE COUNTY RURAL ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• NOLIN RURAL ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• OAKLEAF, GEORGE, JR.Named in complaintNamed in settlement
• FARMERS RURAL ELECTRIC COOPERATIVENamed in complaintNamed in settlement
• TRI-CITY SCRAP COMPANYNamed in complaintNamed in settlement
• UNITED ELECTRIC CO., INC.Named in complaintNamed in settlement
• UNITED ELECTRIC CO.Named in complaintNamed in settlement
• …and 28 more

Facilities (2)

• SONORA SITE

  @ SILVER KNOB & MELROSE RD JCT, SONORA, KY, 42776

  Registry ID: 110009287486

• MIDDLETON, CARLIE METAL YARD

  PAYNE RD, 0.1MI S OF SR-1407, NOLIN, KY, 42776

  Registry ID: 110009336487

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• TMG ENTERPRISES, OMNISOURCEentered 1996-08-22

  Primary law: CERCLA

• TMG ENTERPRISES (SONORA/CARLIE MIDDLETON)entered 1998-03-25

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-12-22Referred To Dept Of Justice
• 1992-12-24Enforcement Action Data Entered
• 1994-09-02Complaint Filed With Court
• 1998-03-25Final Order Lodged
• 1998-03-25Final Order Entered
• 1998-03-25Concluded
• 1999-05-24Enforcement Action Closed