EPA v. CHEMICALS & MINERALS

Case summary

CHEMICALS AND MINERALS RECLAMATION, INC - CLEVELAND, OH FILED 7/10/79, CIVIL ACTION #C-79-1356 US DISTRICT CT FOR NORTHERN DISCTRICT OF OH. THE ORIGINAL 8.4 ACRE CHEM AND MINERALS SITE WAS LOCATED NEAR THE CUYAHOGA RIVER IN CLEVELAND. THE COMPLAINT ALLEGED THAT IN A WAREHOUSE AT 421 STONES LEVEE RD WERE SOME 4000 55 GALLONS DRUMS OF SOLID & HAZARDOUS WASTES. NEITHER SITE WAS FENCED AT THE TIME COMPLAINT WAS FILED. THE COMPLAINT ALLEGED THAT CHEM & MIN RECLAMATION INC. HAD IMPROPERLY STORED WASTES IN WAREHOUSES FIRES HAD OCCURRED IN PAST AND THREATENED TO DO SO AGAIN AT TIME COMPLAINT WAS FILED. EPA MAINTAINED THAT DEFENDANT'S OPERATNS PRESENTED AN IMMINENT AND SUBSTANTIAL ENDANGERMNT TO NEARBY DOWNTWN POP OF CLEVELAND. THE STATUTORY BASIS FOR EPA'S SUIT IS SEC 7003 OF THE RESOURCE CONSERVATION & RECOVERY ACT. A TEMP RESTRAINING ORDER WAS ISSUED 7/11/79. NEARLY 1 MONTH LATER, THE CT ORDERED REMOVAL OF BARRELS & A GEN CLN UP W/IN 30 DAYS. CHEM AND MIN RECLAMATION DIDN'T HONOR ORDER, & WAS THUS REQUIRED TO SHOW CAUSE ON 9/25/79, WHY THEY HAD NOT MET THE TERMS OF THE ORDER. CLN UP OF THE WAREHOUSES WAS FINALLY COMPLETED ON NOV 28, 1979. UNDER A SECOND ORDER, ISSUED IN OCTOBER, 1979, DEFENDANTS CHEMICALS AND MINERALS RECLAMATION, INC., RODNEY CRONIN, AND/OR JOHN SAMARIN, WERE ORDERED TO PAY ALL OF EPA'S RESPONSE COSTS. (HOWEVER AS OF JULY, 1983, NO DEMAND FOR COSTS HAS YET BEEN MADE.) THE DRUMS WERE MOVED TO A NEW SITE,CRESCENT AVE, CLEAVLAND WHICH CONTINUED OPERATING UNTIL A 7/80 FIRE CLOSED FACILITY. THE COAST GUARD ACTED AS O-S-C FOR CLNUP UNTIL RESPONSIBILITY WAS DELEGATED TO EPA IN OCT 1981. USING SUPERFUND MONEY, EPA COMPLETED SITE CLNUP IN MAY 1982. $443,885 WAS SPENT. LITIGATION PLAN: PETITION TO REMOVE SITE FROM CERCLA NPL BEING DRAFT- ED. REGN ATTY PLANS TO SEND CERCLA SEC 104 LTRS TO 7 GEN- ERATORS BY EARLY 12/82. BY 1/83 EXPECT TO NEG W/THOSE WHO RESPOND TO SEC 104. EXPECT TO PROCEED W/CERCLA SEC 107 COST RECOVERY IF NO VOLUNTARY REIMBURSEMENT. 3/29/84: REFERRAL OF CRCLA 107 COUNT.

Defendants (8)

• AMERICAN CAN COMPANYNamed in complaintNamed in settlement
• AVERY INTERNATIONAL CORPORATIONNamed in complaintNamed in settlement
• BOC GROUP, INC.Named in complaintNamed in settlement
• CROWN CORK & SEAL COMPANY, INC.Named in complaintNamed in settlement
• MINERALS RECLAMATION, INC. AND RODCO
• PARR, INC.Named in complaintNamed in settlement
• RODNEY K. CRONIN, D/B/A CHEMICALS ANDNamed in complaintNamed in settlement
• SCM CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• CHEMICAL & MINERALS RECLAMATION

  5418 CRESCENT AVENUE, CLEVELAND, OH, 44102

  Registry ID: 110004638081

• CHEMICAL MINERAL RECLAMATION I

  401 & 601 STONE'S LEVEE, CLEVELAND, OH, 44072

  Registry ID: 110010770692

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CRONIN, RODNEY/CHEM & MINERALSentered 1987-06-11

  Primary law: CERCLA

  Federal penalty: $385,000

Timeline (7 milestones)

• 1979-06-15Referred To Headquarters
• 1984-05-14Referred To Dept Of Justice
• 1985-05-25Complaint Filed With Court
• 1987-06-11Final Order Lodged
• 1987-06-11Final Order Entered
• 1987-06-11Concluded
• 1987-07-13Enforcement Action Closed