EPA v. LASKIN GREENHSE/OIL

Case summary

CASE PLAN: THIS IS AN NPL SITE DEFENDANT ALVIN P. LASKIN GREW TOMATOES FOR COMMERCIAL DISTRIBUTION IN HIS GREEENHOUSE IN JEFFERSON. THE COMPLAINT ALLEGES THAT HE HAS ACCEPTED, STORED, AND DISPOSED OF WASTE OIL BY BURNING, AND BY APPLICATION TO AREA ROADS UNDER CONTRACT WITH VARIOUS MUNICIPALITIES AND COUNTIES. LASKIN ACCEPTED APPROXIMATELY 800,000 GALLONS OF WASTES PER YEAR. 200,000 GALLONS OF WHICH WERE BURNED AS BOILER FUEL, AND THE REMAINING 600,000 WHICH WERE APPLIED TO THE ROADS. SAMPLING OF LASKIN'S STORAGE TANKS SHOWED HIGH CONCENTRA- TION OF PCB'S AND OTHER HAZARDOUS SUBSTANCES IN THE WASTE OIL. LASKIN'S BOILERS DO NOT MEET THE PCB REQUIREMENTS STIPULATED IN 40 CFR PT.761. THE INEFFICIENT BURNING OF PCB'S BY HIS BOILERS CAUSES THEM TO VOLATILIZE AND BE TRANSPORTED INTO THE ENVIRONMENT. THE COMPLAINT ALSO ALLEGES THAT LASKIN DEWATERS AND FILTERS WASTE OILS THAT HE HAS PREVIOUSLY MIXED AND THEREBY PRODUCES SLUDGES THAT ARE DUMPED ON HIS PROPERTY. PCB'S AND OTHER POLLUTANTS ARE THEN WASHED INTO THE DEFENDANT'S COLLECTION POND #20, AND ARE DISCHARGED INTO CEMETARY CREEK, A U.S. WATERWAY. DEFENDENT MADE APPLICATION IN JULY 1978 FOR A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT, BUT IT HAS NOT YET BEEN ISSUED. THESE ACTIVITIES HAVE BEEN OCCURRING AT LEAST SINCE EARLY 1977. 1)COMPLETE REVIEW OF EXISTING RECORDS RECEIVED AS SOON AS POSSIBLE. 2)SEND OUT CERCLA INFO REQUEST TO ALL GENERATOR S(12/12/82). 3)SEND ADDITIONAL LTRS AS REQUIRED WHEN FIND ADDIIONAL GENERATORS. 4)FINAL REVIEW OF ALL INFO TO DETER- MINE PRO RATA SHARES. 5)PRELIM DETERMINATION OF HAZ AT THE SITE. 6)COMMENCE NEG'S BY 2/1/83. 7)TERMINATE NEG'S BY 3/30/83. 8)DETERMINATION TO FILE SUIT OR CERCLA RESPONSE AFTER 3/30/83. 01-25-83: SUBSEQUENT DISCUSSION HAS RESULTED IN MODIFICA- TION TO FORMER CASE PLAN. NO IMMEDIATE PLANS TO ISSUE INFO REQUEST LETTERS OR ADDITIONAL NOTICE LETTERS. NEGOTIATIONS WILL NOT COMMENCE UNITL AT LEAST 3/1/83. DECISION ON E ENFORCEMENT ACTION OR CERCLA RESPONSE TO BE COORDINATED WITH CONTINUING DISCUSSION OF HOW TO DISPOSE OF PENDING CIVIL REFERRAL. PROBLEM ISSUES ARE WHETHER 107 ACTION IS TIMELY PRIOR TO COMPLETION OF RESPONSE ACTIVITY, WHETHER 106 ACTION IS APPROPRIATE WHILE RESPONSE ACITIVITY IS CONTEMPLATED, AND WHETHER OSWER ASSESSMENT AND STUDY IS A PREREQUISITE TO REFERRAL. ANALYSIS OF DOCUMENTS BY INTERRA HAS NOW PRODUCED BASIS FOR DETERMINING PRO RATA SHARES. ADDITIONAL ASSESSMENT IS UNDERWAY TO DETERMINE WHICH GENERATORS ARE APPROPRIATE FOR ADDITIONAL NEGOTIATIONS AND EVENTUAL LAW SUIT. 3-10-83: NOTICE LETTERS TO ALL GENERATORS TO BE SENT ON 3/11, GIVING NOTICE OF INTENT TO COMMENCE RI/FS AND CERTAIN INITIAL REMEDIAL ACTIONS IF VOLUNTARY COMMITMENT IS NOT RECEIVED. ANTICIPATE THAT RESPONSE WILL BE HANDLED BY TELEPHONE AND THAT SF ACTIVITY WILL CONTINUE WITHOUT VOL- UNTARY RESPONSE. EXPECT TO REFER CASE AS A 107 ACTION SOON. 107 COST RECOVERY ACTION REFERRED 2/18/84 TO HQ.

Defendants (90)

• GENERAL ELECTRIC COMPANY
• IMC CHEMICAL GROUP
• PPG INDUSTRIES, INC.
• CLEVELAND ELECTRIC ILLUMINATING CO.
• CLIFTON AUTOMATIC SCREW MACHINE PRODS.
• COMBUSTION ENGINEERING, INC.
• BROWNING-FERRIS INDUSTRIES, INC.
• BUFFALO MOLDED PLASTIC, INC.
• CARLISLE CORPORATION
• CHAMPION STEEL COMPANY
• ERIE PRESS SYSTEMS
• ERIEZ MANUFACTURING CO.
• GATX CORPORATION
• GENERAL MOTORSNamed in complaintNamed in settlement
• GENERAL REFRACTORIES CO.Named in complaintNamed in settlement
• GIRARD PLASTICS CO., INC.
• GLAUSE, ELMER SR.
• GRANTHAM, INC.
• GULF & WESTERN INDUSTRIES, INC.
• GULF OIL CORPORATION
• HAMMERMILL PAPER CO.
• ITEN INDUSTRIES INC.
• KAISER ALUMINUM & CHEMICAL CORPORATION
• TRW AIRCRAFT COMPONENTS GROUP
• RELIANCE ELECTRIC CO.
• …and 65 more

Facilities (1)

• LASKIN POPLAR OIL

  717 N POPLAR ST, JEFFERSON, OH, 44047

  Registry ID: 110004617709

Statutes cited

• CWA 309 — Violation of Existing AO
• CERCLA 107 — Superfund
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• ABEX CORP., ET AL. (LASKIN)entered 1990-09-17

  Primary law: CERCLA

Timeline (7 milestones)

• 1982-09-30Referred To Headquarters
• 1983-12-30Referred To Dept Of Justice
• 1984-06-22Complaint Filed With Court
• 1990-09-17Final Order Lodged
• 1990-09-17Final Order Entered
• 1990-09-17Concluded
• 1997-08-28Enforcement Action Closed