EPA v. BRIGHTLY GALVANIZED PRODUCTS - ACCUTRONICS

Case summary

A. NATURE OF THE CASE THIS CASE INVOLVES THE ENFORCEMENT OF A CONSENT DECREE ORDERED BY U.S. DISTRICT JUDGE PRENTICE MARSHALL ON JUNE 27, 1985. JUDGE MARSHALL HELD THAT BRIGHTLY GALVANIZED PRODUCTS INC, (BRIGHTLY) WAS TO PAY WITHIN SIXTY (60) DAYS TO THE EPA, HAZARDOUS SUBSTANCES RESPONSE TRUST FUND THE SUM OF $14,347.64. THIS AMOUNT REFLECTS BRIGHTLY'S SHARE OF THE COSTS INCURRED BY THE UNITED STATES IN RESPONSE TO THE RE- LEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT A LIQUID WASTE TREATMENT FACILITY KNOWN AS THE LIQUID DY- NAMICS SITE. ON AUGUST 27, 1985, BRIGHTLY WAS GRANTED A THIRTY (30) DAY EXTENSION WITH AN UNTERSTANDING THAT BRIGHT- LY WOULD ALSO PAY INTEREST AT AN ANNUAL RATE OF 8.18 PER- CENT. NO PAYMENT WAS TENDERED TO THE U.S. EPA UNTIL BRIGHT- LY PROPOSED A COMPLETELY INADEQUATE PAYMENT SCHEDULE AND SUBMITTTED A CHECK FOR $300 INCORRECTLY MADE OUT. THIS CHECK WAS RETURNED. TWO CHECKS PROPERLY MADE OUT FOR $300 APIECE WERE SUBMITTED TO U.S. EPA ON SEPTEMBER 10, 19867. TO MAINTAIN THE INTEGRITY OF OUR ENFORCEMENT SYSTEM AND IN- SURE TIMELY RECOVERY OF JUDGEMENTS MADE IN OUR FAVOR IT IS NECESSARY TO PURSUE THIS MATTER. BRIGHTLY DELAYED MAKING ANY PAYMENT FOR OVER A YEAR AND NOW IT PROPOSES TO MAKE SMALL PAYMENTS FOR ANOTHER YEAR WITH NO FINAL COLLECTION THE PRINCIPAL AMOUNT UNTIL 1988. IT HAS NOT INDICATED IF IT WILL PAY THE INTEREST OWED. THUS, THIS ACTION IS FOR THE COLLECTION OF THOSE COSTS, PLUS INTEREST AND THE COSTS OF BRINGING THIS ACTIONS MINUS ANY PARTIAL PAYMENTS ALREADY MADE. WE ALSO RECOMMEND THAT AN ORDER BE SOUGHT TO REQUIRE BRIGHTLY TO SHOW CAUSE WHY IT SHOULD NOT BE HELD IN CONTEMPT FOR FAILURE TO OBEY THE CONSENT DECREE. B. CAUSE OF ACTION PERSUANT TO 28 U.S.C. 69(A), A WRIT OF EXECUTION IS THE AP- PROPRIATE PROCESS TO ENFORCE A JUDGEMENT FOR THE PAYMENT OF MONEY. C. PROPOSED REMEDY THE OBJECT OF THIS ACTION IS TO OBTAIN A WRIT OF EXECUTION FROM THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION TO ENFORCE THE JUNE 27, 1985, CONSENT DECREE AGAINST BRIGHTLY. WE ALSO RECOMMEND THAT THE U.S. ATTORNEY'S OFFICE PROSECUTE SUCH SUPPLEMENTAL PROCEED- INGS AS MAY BE NECESSARY AND APPROPRIATE TO DISCOVER ASSETS OF BRIGHTLY THAT MAY BE LEVIED UPON TO SATISFY THE REIM- BURSEMENT ORDER. D. ISSUES OF NATIONAL OR PRECEDENTIAL IMPORTANCE IT IS NOT ANTICIPATED THAT ANY ISSUES OF NATIONAL OR PRECED- ENTIAL IMPORTANCE WILL ARISE IN THIS MATTER. E. REGIONAL CONTACT PERSON THE ASSISTANT REGIONAL COUNSEL ASSIGNED TO THIS MATTER IS MICHAEL BERMAN. HE MAY BE CONTACTED AR FTS-886-6837. THE PERSON ASSIGNED TO THIS MATTER FROM THE HAZARDOUS WASTE DIVISION ENFORCEMENT BRANCH IS JOHN OAKS, WHO MAY BE REACHED AT FTS-886-6540.

Defendants (1)

• BRIGHTLY GALVANIZED PRODUCTS, INC.Named in complaint

Facilities (1)

• BRIGHTLY GALVANIZED PROD

  3330 S CICERO AVE, CICERO, IL, 60804

  Registry ID: 110000899387

Statutes cited

• CERCLA 107 — Superfund

Timeline (5 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1986-09-30Referred To Headquarters
• 1987-02-23Complaint Filed With Court
• 1987-10-05Concluded
• 1987-10-05Enforcement Action Closed