EPA v. J.V. PETERS ET. AL

Case summary

NATURE OF THE CASE: THIS ACTION INVOLVES A FACILITY LOCATED IN A RURAL AMISH AREA OF NORTHEAST OHIO. THE STREET ADDRESS IS 17030 PETERS ROADS, MIDDLEFIELD,OHIO. THE FIRM ORIGINALL Y BEGAN HANDLING HAZARDOUS WASTES IN THE EARLY PART OF 1980, AT ABOUT THE TIME THAT THE RCRA REGULATIONS WERE PROMUGATED. THE SITE INCLUDES ABOUT TWO ACRES, AND IS BORDERED ALONG I TS LONGER, EAST AND WEST FACES BY FARMLAND THAT IS USED FOR BOTH GRAZING AND CROP PRODUCTION. CATTLE WERE OBSERVED GRAZI NG RIGHT UP TO THE PROPERTY LINE, W/I A FEW A FEET OF BARREL S OF WASTE LOCATED ON THE SITE. THE SOUTH BOUNDARY IS A STAT E ROAD USED BY AMISH CHILDREN TO WALK TO SCHOOL,AND A WOODED WETLAND IS AT THE NORTH. THE SITE WAS ORIGINALLY LEASED, WITH AN OPTION TO PURCHASE , BY ONE DAVID SHILLMAN, A HARVARD LAW SCHOOL GRADUATE WHOSE LICENSE TO PRACTICE LAW IN OHIO HAS BEEN SUSPENDED BY THAT S TATE'S SUPREME COURT. HE OPERATED ORIGINALLY IN THE FORM OF A PARTNERSHIP, IN WHICH HE WAS THE GENERAL PARTNER. HE FILED A RCRA NOTIFICATION AND PART A APPLICATION IN JULY 1980, ACH IEVING INTERIM STATUS THEREBY, AND SIGNED THOSE DOCUMENTS AS SECRETARY-TREASURER OF J.V. PETERS AND CO. HE INCORPORATED IN LATE JANUARY,1981, SHORTLY AFTER THE S TATE OF OHIO BEGAN TO TAKE AN ACTIVE INTEREST IN THE SITE DU E TO GROSS VIOLATIONS OF THE INTERIM STATUS STANDARDS UNDER RCRA. THE FACILITY WAS NEVER FENCED, AND IT WAS NOT UNTIL MO NTHS AFTER RECEIPT OF THE COMPLIANCE ORDER THAT WARNING SIGN S WERE ERECTED. ESSENTIALLY NONE OF THE DOCUMENTARY OF OPERA TING REQUIREMENTS OF 40 CFR PART 264 HAD BEEN MET. REGION V FILED ITS ORIGINAL RCRA COMPLIANCE ORDER AGAINST THE FACILIT Y IN FEBRUARY,1981, AND BEGAN A LENGTHY SERIES OF NEGOTIATIO NS WITH THE FIRMS IN AN ATTEMPT TO SETTLE THE ORDER, W/O SU CCESS. THE FIRM HAD IN THE INTERIM BEEN SUED BY THE LOCAL FIRE MARSHALL FOR VIOLATIONS OF STATE FIRE CODES DUE TO STOR AGE OF FLAMMABLE MATERIALS INSIDE THE BUILDING ON THE PROPER TY. THE STATE OF OHIO ALSO SURED FOR VIOLATIONS OF THE STATE' S NUISANCE AND PERMITTING STATUTES, AND OBTAINED AND INJUNCT ION ON CONSENT BY THE FIRM TO STOP BRINGING MATERIAL TO THE SITE AND TO CLEAN UP. J.V. PETERS DID NOT COMPLY W/ THE ORDE R, AND INSTEAD FILED AN APPEAL TO A STATE APPELATE COURT. IT ALSO SUED THE STATE'S ATTY FOR ALLEGED LIBEL, AND THAT ACTIO N IS STILL PENDING. SUBSEQUENTLY, IN LATE 1983, THE FIRM INDICATED IT PLANNED TO ABANDON THE SITE. AT THAT TIME, SOME 1300 DRUMS AND TWO 20,0 00-GALLON TANKS, ALL CONTAINING HAZARDOUS WASTES, WERE LEFT ON THE FACILITY. INSPECTIONS OF THE FACILITY DISCOVERED LEAK ING AND CORRODED DRUMS OF HAZARDOUS SUBSTANCE. THE STATE OF OHIO REQUESTED U.S. EPA EVALUATION OF THE SITE FOR CLEANUP P URPOSES AS AN IMMEDIATE REMOVAL ACTION. AFTER REVIEW OF THE PROBLEMS THE SITE, AN IMMEDIATE REMOVAL WAS APPROVED. RESPON SIBLE PARTIES WERE CONTACTED, AND STAGING FOR THE CLEANUP WA S BEGUN. SHILLMAN'S RESPONSE WAS TO SUE U.S.EPA AND ITS PRIME CONTR ACTOR IN THE U.S. DICTRICT COURT IN CLEVELAND,OHIO, CLAIMING THAT HIS DUE PROCESS RIGHT WERE ABOUT TO BE VIOLATED AND ASK ING, IN AN EX PARTE APPLICATION, FOR A TEMPORARY RESTRAINING ORDER STOPPING THE CLEANUP. THIS RELIEF WAS DENIED, BUT THE COURT FORCED THE PARTIES INTO SEVERAL WEEKS OF OBVIOUSLY FR UITLESS NEGOTIATIONS BEFORE FINALLY DISMISSING THE CASE. J.V .PETERS HAS APPEALED THAT DECISION TO THE SIXTH CIRCUIT,CLAI MING THAT PRE-CLEANUP REVIEW OF THE U.S.EPA'S DECISIONS TO C LEAN UP THE SITE MUST BE AVAILABLE. THE CASE HAS BEEN BRIEFE D AND IS STILL ON APPEAL. ON DISMISSAL OF THE CASE, THE CLEANUP PROCEEDED. SEVERAL OF THE GENERATORS VOLUNTARILY REMOVED THEIR WASTE, W/O HAVI NG RECEIVED AN ORDER TO DO SO AND W/O ANY RELEASE OR OTHER C ONSIDERATION FROM THE U.S.EPA. EXPE

Defendants (7)

• DAVID SHILLMANNamed in complaintNamed in settlement
• DOROTHY BRUEGGEMYERNamed in complaintNamed in settlement
• GEAUGA DIVISION, CARLISLE CO.Named in complaintNamed in settlement
• J.V. PETERS AND CO., INC.Named in complaintNamed in settlement
• JOHN VAZINamed in complaintNamed in settlement
• RENOLD, INCNamed in complaintNamed in settlement
• WESTINGHOUSE CORP.Named in complaintNamed in settlement

Facilities (1)

• PETERS J V AND COMPANY

  17030 PETERS RD, MIDDLEFIELD, OH, 44062

  Registry ID: 110019897290

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• J.V. PETERS, ET AL.entered 1991-08-27

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-09-23Enforcement Action Data Entered
• 1984-12-28Referred To Headquarters
• 1985-01-31Referred To Dept Of Justice
• 1985-05-31Complaint Filed With Court
• 1991-08-27Final Order Lodged
• 1991-08-27Final Order Entered
• 1991-08-27Concluded
• 1991-08-27Enforcement Action Closed