EPA v. MIDWEST SOLVENT RCVRY (MIDCO I&II)

Case summary

MIDWEST SOLVENT RECOVERY, INC. (MIDCO #1 & #2) - GARY, IN. FILED 11/16/79, CIVIL ACTION #H79-556. US DIST COURT FOR N DIST OF IN., HAMMOND DIV. THIS ACTION INVOLVES MIDWEST SOLVENT RECOVERY, INC. (MIDCO #1) & MIDWEST INDUSTRIAL WASTE DISPOSAL CO., INC. (MIDCO #2). THE COMPLAINT ALLEGED THAT BOTH SITES EXPERIENCED MAJOR FIRES. APPROX. 14,000 55 GAL DRUMS WERE PRESENT AT THE MIDCO #1 SITE WHEN THE COMPLAINT WAS FILED. THE SITE WAS UNFENCED, & A NUMBER OF BUSINESSES WERE NEARBY. SOIL & WATER ANALYSIS OF THE SITE INDICATED CONTAMINATION BY HAZD SUBSTANCES CONTAINING TRACE METALS. AN AUG 1977 FIRE DAMAGED & CONSUMED THOUSANDS OF 55 GAL DRUMS AT THE MIDCO #2 SITE. THE PUBLIC HAD EASY ACCESS TO THE PROPERTY AS FENCING WAS EITHER NONEXISTENT OR IN DISREPAIR. THE GOV SEEKS RELIEF PURSUANT TO SECTION 7003 OF THE RESOURCE CONSERVATION & RECOVERY ACT. MOTIONS FOR A PRELIM. INJUNCTION & A TEMP RESTRAINING ORDER WERE FILED WITH THE COMPLAINT ON 11/16/79. WHILE THESE MOTIONS WERE PENDING, ON 12/27/79, A MOTION FOR A TEMP RESTRAINING ORDER WAS FILED BECAUSE ONE DEF. WAS MOVING MATERIAL & IT WAS BEGINNING TO SMOKE. MOTION GRANTED. ON JAN 31, 1980, THE JUDGE GRANTED THE PLAINTIFF A PRELIMINARY INJUNCTION REQUIRING FENCING & PATROLLING OF THE 2 SITES & REMOVAL OF THE HAZD WASTES FROM MIDCO #1 ACCORDING TO AN EPA APPROVED PLAN. THE COURT REQ. THE MIDCO #2 DEFENDANTS TO REPORT TO IT WHAT STEPS THEY INTENDED TO TAKE TO REMOVE MAT. FROM THE SITE. LITIGATION PLAN: FOLLOWING THE 3/82 NOTICE LTRS TO 40 INTEC GENERAT- ORS NO NEG'S WERE HELD. THEREFORE WE NOW PROPOSE TO SEND A DEMAND/NOTICE LTR TO ALL MIDCO 1 GENERATORS. REGN 5 WILL PREPARE DRAFT BY 11/22/82. AT SAME TIME REGN 5 IS ATTEMPTING TO SEARCH MIDCO 1 RECORDS & DETERMINE EACH GENERATORS FAIRSHARE OF THE TOTAL CLEANUP COST. AT LEAST 1 GENERATOR HAS OFFERED TO CASH OUT W/$50K FOR SURFACE CLEANUP LIABILITY. REGN ATTY PREPARING DRAFT CD TO BE USED FOR GENERATOR'S WHO WANT TO CASH-OUT NOW. 11/18/82:REGN 5 ATTY & TECH SCHED TO MEET 11/29/82 TO BEGIN RECORD SEARCH PREPARATORY TO DETERMINING PRO-RATA SHARES FOR 6-10-83: STATUS CONFERENCE HELD. JUDGE KANNE GAVE EPA UNTIL NOV. 1, 1983 TO AMEND COMPLAINT, TO ADD CERCLA COUNTS COUNTS OR ADDITIONAL PARTIES. 6-27-83: NOTICE: DEMAND LETTERS SIGNED, MAILING TO PRP BEGUN. STATE OF INDIANA ASKED REGION IV TO ADD MIDCO I AND MIDCO II TO LIST OF SITES TO NEED RI/FS DURING FISCAL YEAR 1984. IN UPCOMING NEGOTIATIONS, ASSUMING PROGRAM AGREES, EPA WILL: 1. REQUIRE RP'S TO REPAY $ IM SPENT TO CLEAN SURFACE OF MIDCO I. 2. ASSUMING FULL REIMBURSEMENT IS MADE, RP'S MAY CLEAN SURFACE OF MIDCO II. 3. WHEN GROUNDWATER RI/FS STUDIES ARE AUTHORIZED AND COM- PLETED, RP'S MAY DO THE WORK. LETTERS JUST SENT HAVE 30 DAY RESPONSE TIME. DURING JULY, CASE TEAM WILL: 1. CHECK ON COST DOCUMENTATION OF $ IM SPENT. 2. PREPARE SCRIPT FOR ANY MEETING WITH GENERATORS. 3. DRAFT PROPOSED LITIGATION STRATEGY.

Defendants (95)

• FLINT INK CORP
• REFLECTOR HARDWARE CORP
• SUN CHEMICAL CORP
• UNITED STATES STEEL CORP
• VELSICOL CHEMICAL CORP
• ASHLAND CHEMICAL CO
• STANDARD T CHEMICAL CO, INCNamed in complaintNamed in settlement
• STUART CHEMICAL & PAINT
• TEEPAK, INC
• THIELE-ENGDAHL, INC
• TRICIL ENVIRONMENTAL SERVICES
• UNIROYAL, INCNamed in complaintNamed in settlement
• UNITED RESIN ADHESIVE, INC
• UNIVERSAL TOOL & STAMPING CO, INC
• USE, DIV OF WESTVACO CORP
• V & E CORPNamed in complaintNamed in settlement
• BELDEN ELECTRICAL PRODUCTS
• BLOOMBERG, LUTHER G.Named in complaintNamed in settlement
• BRETFORD MANUFACTURING, INC
• BUTLER SPECIALTY CO
• CARGILL, INC
• CHICAGO ETCHING CORP
• CHICAGO ROTOPRINT CO
• CLARE, C. P., & CO
• CONLEY, EDWARD D.Named in complaintNamed in settlement
• …and 70 more

Facilities (1)

• MIDCO I

  7400 W 15TH AVE, GARY, IN, 46406

  Registry ID: 110003090253

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (4)

• MIDCO/UNIROYAL (BNK)entered 1994-03-12

  Primary law: CERCLA

• MIDWEST SOLVENT RECOVERY/MIDCOentered 1993-01-15

  Primary law: CERCLA

• MIDWEST SOLVENT RECOVERYentered 1993-04-29

  Primary law: CERCLA

• MIDWEST SOLVENT RECOVERY, INC.entered 1985-08-02

  Primary law: CERCLA

Timeline (6 milestones)

• 1979-09-15Referred To Headquarters
• 1979-09-30Referred To Dept Of Justice
• 1979-10-30Referred TO U.S. Attorney
• 1979-11-16Complaint Filed With Court
• 1994-03-12Final Order Lodged
• 1994-03-12Final Order Entered