EPA v. MARTELL, STEVE-W 9TH

Case summary

STEVE MARTELL; IRVIN CLARK, ET AL. (9TH AVE. SITE) - GARY, IN. DEFENDANT STEVE MARTELL OPERATED A WASTE DUMP AT W. 9TH AVE. (THE 9TH AVE. SITE) IN GARY, IN. BETWEEN 1970 & 1976. THE 9TH AVE. SITE IS A 20 ACRE PARCEL OF LOW LYING LAND LOCATED IN A LT. IND. AREA OF GARY. THERE ARE MARSHY AREAS ON THE EASTERN & SOUTHERN PORTIONS OF THE SITE. THE AREA SURROUNDING THE SITE IS USED FOR BOTH IND & RES. PURPOSES. THE DANGER PRESENTED BY THE SITE WAS EMPHASIZED BY EVIDENCE THAT UNKNOWN PERSONS HAVE FIRED WEAPONS AT THE DRUMS & THAT NEIGHBORHOOD CHILDREN HAVE PLAYED ON THE SITE. 17 ACRES OF THE SITE WERE ORIGINALLY OWNED BY CERTAIN MEMBERS OF THE CLARK FAMILY, NAMED DEFENDANTS IN THIS ACTION. IN 1978, A 10 ACRE PARCEL WAS TRANSFERRED TO STEVE MARTELL & THE DEED TO THE PROPERTY WAS RECORDED. THE CLARKS RETAIN OWNERSHIP OF THE REMAINING 7 ACRES. DRUMS ARE SCATTERED ABOUT THE PROPERTY, & THE MAJORITY ARE IN A DETERIORATED CONDITION. SOME ARE PUNCTURED & LEAKING. A NUMBER OF DRUMS ARE BE- LIEVED TO BE BURIED UNDERGROUND. IN ADDITION, SEVERAL TANK TRUCKS ARE AT THE SITE. POOLS OF LIQUID WASTES HAVE BEEN OBSERVED ON THE GROUND IN VARIOUS LOCATIONS, & LEACHATE WAS OBSERVED SEEPING FROM A TRASH PILE. POWDERY WASTE CHEM RESIDUES ARE ALLEGED TO BE BURIED UNDERGROUND IN CERTAIN AREAS. SEVERAL AREAS APPEAR TO HAVE CAUGHT FIRE, OR HAVE BEEN SET ON FIRE. A STRONG CHEM ODOR IS ALLEGED TO PERVADE SOME SECTIONS OF THE FACILITY, & THE FUMES ARE ALLEGED TO CAUSE A NAUSEOUS SENSATION. IN ADDITION, WASTES ARE LEAKING INTO THE ADJ. MARSHY AREAS, & VEGETATION HAS BEEN KILLED. A NO. OF CHEMICALS HAVE BEEN IDENTIFIED IN THE SOIL, WASTE POOLS & DRUMS. THEY INCLUDE: ALKYLATED BENZENES WHICH RESULT IN NAUSEA, HEADACHES, & IMPAIRMENT OF COORDINATION; POLYNUCLEAR AROMATIC HYDROCARBONS WHICH PRODUCE NAUSEA, HEADACHES, & ADVERSELY AFFECT THE LIVER & EYES; & PHTHALATE ESTERS WHICH PRODUCE ADVERSE EFFECTS ON THE TESTES, BODY WEIGHT & GROWTH.

Defendants (7)

• CLARK, DOROTHYNamed in complaintNamed in settlement
• CLARK, HOMER R.Named in complaintNamed in settlement
• MARTELL, BERNICENamed in complaintNamed in settlement
• MARTELL, CHARLES O.Named in complaintNamed in settlement
• MARTELL, DONALDNamed in complaintNamed in settlement
• MARTELL, IRVINNamed in complaintNamed in settlement
• MARTELL, STEVENamed in complaintNamed in settlement

Facilities (1)

• NINTH AVE DUMP

  7357 W NINTH AVE, GARY, IN, 46402

  Registry ID: 110003090752

Statutes cited

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

Enforcement conclusions (1)

• MARTELL, STEVE, ET ALentered 1983-12-07

  Primary law: CERCLA

Timeline (8 milestones)

• 1980-08-08Referred To Headquarters
• 1980-08-26Referred To Dept Of Justice
• 1980-08-26Referred TO U.S. Attorney
• 1980-09-25Complaint Filed With Court
• 1983-12-07Final Order Lodged
• 1983-12-07Final Order Entered
• 1983-12-07Concluded
• 1993-03-31Enforcement Action Closed