EPA v. U.S. AVIEX CO.

Case summary

U.S. AVIEX IS THE OWNER OF THE NATIONAL PRIORITY LIST SITE & PRESENTLY OWES EPA$60,053.28 FOR EPA'S OVERSIGHT OF RESPONSE ACTIVITIES BY U.S. AVIEX AT THE SITE. U.S. AVIEX BLENDED AUTOMOTIVE CHEMICALS AT ITS FACILITY IN NILES, MICHIGAN FOR APPROX. 15 YEARS. IN NOVEMBER 1978, A FIRE AT THE FACILITY CAUSED BARRELS & OTHER CONTAINERS OF CHEMICALS TO RUPTURE. WATER USED IN EXTINGUISHING THE FIRE SPREAD THE CHEMICALS OVER THE SITE & LED TO A CONTAMINATION OF THE GROUNDWATER. ON 4 FEBRUARY 1986, THE REGION ENTERED INTO AN ADMINISTRA- TIVE ORDER ON CONSENT WITH U.S. AVIEX, UNDER WHICH THE COMPA NY AGREED TO CONDUCT REMEDIAL INVESTIGATION & A FEASIBILTIY STUDY. U.S. AVIEX ALSO AGREED TO REIMBURSE EPA FOR ITS COSTS IN OVERSEEING THE REMEDIAL INVESTIGATION & FEASIBILITY STUDY. UNREINBURSED EPA COSTS TO DATE ARE $60,053.28. U.S. AVIEX WILL, OF COURSE, BE LIABLE FOR ANY REMEDIAL ACTION RE- MEDIAL ACTION REQUIRED AT THE SITE IN ADDITION TO FUTURE OVERSIGHT COSTS. ON 11 JULY 1986, U.S. AVIEX FILED A PETITION IN BANKRUPTCY COURT SEEKING REORGANIZATION UNDER CHAPTER 11. EPA RECEIVED NOTICE THAT ALL DISPUTED CLAIMS MUST BE FILED BY 3 NOVEMBER 1986. PURSUANT TO ORAL REFERRAL, THE DEPT. OF JUSTICE FILED A PROOF OF CLAIM FOR EPA'S COSTS ON THAT DATE.

Defendants (1)

• FAYE KAISERNamed in complaintNamed in settlement

Facilities (1)

• U S AVIEX CO

  1800 TERMINAL RD., NILES, MI, 49120

  Registry ID: 110002118805

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• U.S. AVIEX CO.entered 1993-10-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1986-09-30Referred To Headquarters
• 1986-10-31Referred To Dept Of Justice
• 1986-11-03Complaint Filed With Court
• 1993-10-07Final Order Lodged
• 1993-10-07Final Order Entered
• 1993-10-07Concluded
• 1993-11-07Enforcement Action Closed