EPA v. NORTHERNAIRE PLATING CO.

Case summary

NATURE OF CASE ON JULY 5, 1983, US.S EPA COMMENCED AN IMMEDIATE REMOVAL ACTION AT THE NORTHERNAIRE PLATING COMPANY FACILITY IN CADILLAC, MICHIGAN, TO REMOVE HAZARDOUS PLATING WASTES. THE WASTES WERE ABANDONED BY NORTHERNAIRE PLATING COMPANY AND/OR TOP LOCKER ENTERPRISES, INC., FOLLOWING THE LIQUIDA- TION OF NORTHERNAIRE'S ASSETS TO SATISFY A LOAN TO THE FIRST BANK OF CADILLAC. EMERGENCY ACTION WAS TAKEN TO PREVENT DRUMS AND VATS OF CYANIDE WASTE FROM MIXING WITH ACIDS LEFT AT THE SITE. MIX- TURE OF THE CYANIDE AND ACID WASTE WOULD RESULT IN THE FORMATION OF DEADLY HYDROGEN CYANIDE GAS. IN ADDITION, EMERGENCY ACTION WAS UNDERTAKEN TO REMOVE GROSSLY CONTAMI- ATED SLUDGES FROM A SEWER LINE TO PREVENT FURTHER GROUND- WATER CONTAMINATION. R. W. MEYER, INC., OWNS THE LAND ON WHICH THE NORTHERNAIRE PLATING FACILITY IS LOCATED. MEYER CONSTRUCTION COMPANY, CONSTRUCTED A SEWER LINE WHICH EXTENDS BETWEEN THE FACILITY AND THE CITY SEWER SYSTEM. THE SEWER LINE WAS CONSTRUCTED IN A MANNER WHICH ALLOWED HAZARDOUS WASTE TO ESCAPE INTO THE SURROUNDING SOILS AND GROUNDWATER. NORTHERNAIRE PLATING COMPANY OWNED AND OPERATED THE PLATING FACILITY BETWEEN THE YEARS 1971 AND 1981. THE FACILITY WAS ABANDONED IN MAY OR JUNE, 1981. IN 1981, TOP LOCKER ENTERPRISES INC., PURCHASED NORTHERNAIRE PLATING COMPANY'S ASSETS AND MAY HAVE AGREED TO DISPOSE OF THE WASTES AT THE FACILITY. ORAL AND WRITTEN NOTICES OF THE REMOVAL ACTION WERE GIVEN TO R. W. MEYER, INC., NORTHERNAIRE PLATING COMPANY AND TOP LOCKER ENTERPRISES, INC. ALL OF THEM DECLINED TO UNDER- TAKE THE REMOVAL MEASURES. ON-SCENE-COORDINATOR KENNETH P. BANASZEK, DETERMINED THAT THE CONTINUED PRESENCE OF HAZARDOUS SUBSTANCES ON THE SITE CREATED A THREAT OF RELEASE OF HAZARDOUS SUBSTANCES UNDER CERCLA. REMOVAL OF THE WASTES FROM THE BUILDING AND CLEANUP OF THE SEWER LINE COMMENCED ON JULY 5, 1983, AND REMOVAL OPERATIONS WERE COMPLETED ON AUGUST 3, 1983. THE TOTAL COST OF THE REMOVAL WAS APPROXIMATELY $157,000.00. CAUSE OF ACTION EPA AUTHORITY TO BRING THIS ACTION IS BASED UPON SECTION 107 OF CERCLA, WHICH IMPOSES LIABILITY UPON THE OWNER OR OPERATOR OF A FACILITY FOR ALL COSTS OF REMOVAL OR REMEDIAL ACTIONS INCURRED BY THE UNITED STATES PURSUANT TO SECTION 104, WHERE THERE IS A THREATENED RELEASE OF A HAZARDOUS SUBSTANCE. PROPOSED REMEDY THE REMEDY FOR RECOVERY OF FUNDS EXPENDED PURSUANT TO SECTION 104 OF CERCLA IS A COST RECOVERY ACTION UNDER SECTION 107 OF CERCLA. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THERE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNI- FICANCE OTHER THAN THAT THIS IS AMONG THE FIRST FEW COST RECOVERY ACTIONS TO BROUGHT UNDER CERCLA. CASE DEVELOPMENT PROCESS SINCE THIS WAS AN IMMEDIATE REMOVAL ACTION, THE NORMAL CASE DEVELOPMENT PROCESS WAS NOT FOLLOWED. ATTORNEYS FROM HEADQUARTERS AND THE DEPARTMENT OF JUSTICE SHOULD BE ASSIGNED TO THIS MATTER ACCORDINGLY. <<<<BERNARD LANDMAN CO-COUNSEL FOR REG ATTY NEUBERGER>>>

Defendants (4)

• 3RD PARTY - CITY OF CADILLACNamed in complaintNamed in settlement
• GARWOOD, WILLIAM S.Named in complaintNamed in settlement
• NORTHERNAIRE PLATINGNamed in complaintNamed in settlement
• R.W. MEYER, INC.Named in complaintNamed in settlement

Facilities (1)

• NORTHERNAIRE PLATING CO INC

  1002 6TH ST, CADILLAC, MI, 49601

  Registry ID: 110003591337

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• NORTHERNAIRE PLATING CO.entered 1988-05-06

  Primary law: CERCLA

  Federal penalty: $342,000

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (7 milestones)

• 1984-03-13Referred To Headquarters
• 1984-06-25Referred To Dept Of Justice
• 1984-09-25Complaint Filed With Court
• 1988-05-06Final Order Lodged
• 1988-05-06Final Order Entered
• 1988-05-06Concluded
• 2000-03-08Enforcement Action Closed