EPA v. VASI ET AL (GEORGEOFF, DONALD)

Case summary

THIS DOCUMENT PRESENTS REGION V'S ANALYSIS, UNDER THE INERIM CERCLA SETTLEMENT POLICY, OF THE PROPOSED RD/RA CONSENT DECREE AND SEPARATE ADMINISTRATIVE DE MINIMIS SETTLEMENT RESOLVING CLAIMS AGAINST A NUMBER OF PRPS AT THE SUMMIT NATIONAL NPL FACILITY IN DEERFIELD, OHIO. THE REMEDIAL WORK TO BE PERFORMED BY THE SETTLING DEFENDANTS UNDER THIS CON- SENT DECREE WILL COST APPROXIMATELY $32.4 MILLION, INCLUDING OPERATION AND MAINTENANCE. FOR THE REASONS SET FORTH IN THIS SETTLEMENT BE ADOPTED. WE BELIEVE THE RESOLUTION IN- CORPORATED IN THIS SETTLEMENT PACKAGE IS FAVORABLE TO THE U.S. EPA. THE OVERALL SETTLEMENT IS EMBODIED IN THE ACCOM- PANYING CONSENT DECREE AND ITS ATTACHMENTS, WHICH IS PROPOS- ED UNDER SECTION 122(F) OF CERCLA AND ARE INCLUDED AS APPEN- DIX A. ALSO FORWARDED FOR FINAL APPROVAL ARE THE TWO VER- SIONS OF THE DE MINIMIS ADMINISTRATIVE ORDER ON CONSENT. ON APPROVAL BY YOUR OFFICE OF THE DE MINIMIS SETTLEMENTS, THE REGIONAL ADMINISTRATOR WILL EXECUTE THE ORDERS WHICH WILL THEN BECOME EFFECTIVE. - BECAUSE THIS SETTLEMENT RAISES ISSUES WITH SOME POTENTIAL NATIONAL INTEREST, AND BECAUSE THE SCOPE OF THE COVENANT NOT TO SUE IN THE RD/RA CONSENT DECERR INCLUDES RELIEF BEYOND SECTIONS 104, 106 AND 107 OF CERCLA AND SECTION 7003 OF RCRA, HEADQUARTERS CONCURRENCE IS BEING SOUGHT. - ON SEPTEMBER 19, 1989, REGION V SENT TO THE DEPARTMENT OF JUSTICE A SECTION 107 COST-RECOVERY REFERRAL, REQUESTING FILING OF LITIGATION AGAINST SOME OR ALL OF THE NON-SETTLING PRPS WHICH HAVE REFUSED TO JOIN THIS AGREEMENT NO LATER THAN OCTOBER 16, 1989, TO ABOID A POSSIBLE STATUTE OF LIMITAITONS BAR TO RECOVERY OF CERTAIN OF THE APPROXIMATELY $2.2 MILLION IN PAST RESPONSE COSTS INCURRED BY U.S. EPA AT THE FACILITY. THE DEPARTMENT OF JUSTICE DETERMINED NOT TO PURSUE THOSE CLAIMS AT THIS TIME. - EXPEDITIOUS REVIEW OF THIS PROPOSED CONSENT DECREE WILL BE APPRECIATED AND WILL ALLOW WORK ON THE REMEDY FOR THIS LONGSTANDING NPL SITE TO PROCEED AS QUICKLY AS POSSIBLE. YOUR ASSISTANCE IN OBTAINING FINAL APPROVAL OF THE DE MINI- MIS SETTLEMENT WOULD ALSO ASSIST IN THIS REGARD. IT IS WORTH NOTING SETTLEMENT WOULD ALSO ASSIST IN THIS REGARD. IT IS WORTH NOTING THAT JUDGE DOWD, IN THE NORTHERN DISTRICT OF OHIO, HAS OVERSEEN LITIGATION BROUGHT BY THE STATE OF OHIO IN 1981 AND WITH WHICH THIS CASE WILL ULTIMATELY BE CONSOLIDATED. HE EXPECTS A STATUS REPORT FROM THE PARTIES TO THAT LITIGATION IN LATE JANUARY, AND IS EXPECTING TO HEAR THAT THE CASE HAS BEEN RESOLVED.

Defendants (64)

• PPG INDUSTRIES, INC.
• KOPPERS COMPANY, INC.
• AIRCO, INC.Named in complaintNamed in settlement
• AKRON CITY HOSPITAL
• AKRON EQUIPMENT COMPANY
• AKRON GENERAL MEDICAL CENTER
• ALLISON, GARLAND A.
• AMETEK, INC.
• APPROVED INDUSTRIAL REMOVAL, INC.
• BABOCK & WILCOX
• BECHTEL - MCLAUGHLIN, INC.Named in complaintNamed in settlement
• BECTON DICKINSON & CO.
• BOFORS LAKEWAY, INC.
• BROWNING FERRIS INDUCTRIES OF OHIO, INC.Named in complaintNamed in settlement
• BROWNING FERRIS INDUSTRIES OF PENN, INC.Named in complaintNamed in settlement
• CALGON CORPORATION
• CEILCOTE COMPANY
• CHEMETRON CORPORATION
• CHEMTROL ADHESIVES, INC.
• CONTAINER CORPORATION OF AMERICA
• DEFT INC.
• DETREX CHEMICAL INDUSTRIES, INC.
• DIAMOND SHAMROCK CORPORATION
• E.I. DUPONT DE NEMOURS & CO.Named in complaintNamed in settlement
• EDGE INDUSTRIES, INC.
• …and 39 more

Facilities (2)

• SUMMIT NATIONAL

  1240 ALLIANCE ROAD, DEERFIELD, OH, 44411

  Registry ID: 110009304742

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

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

Enforcement conclusions (1)

• VASI, ET AL.entered 1991-06-11

  Primary law: CERCLA

Timeline (7 milestones)

• 1979-04-05Enforcement Action Data Entered
• 1989-12-29Referred To Headquarters
• 1990-04-27Referred To Dept Of Justice
• 1990-06-29Complaint Filed With Court
• 1991-06-11Concluded
• 1991-06-11Final Order Entered
• 1991-06-11Final Order Lodged