EPA v. UNITED SCRAP LEAD (BAILEN BROS., INC., ET AL)

Case summary

EMERGENCY REMOVAL OF LEAD SOILS IN NOV-DEC OF 1985. RI COM- PLETED FS BEING DRAFTED ROD SIGNATURE DUE 9/30/88. PROPOSED RELIEF: THE REMEDY SOUGHT IS RECOVERY OF FUNDS EXPENDED PURSUANT TO SECT 104 OF CERCLA. RESOURSE REQUIREMENTS: THE REGION ANTICIPATES THAT EXTENSIVE NEGOTIATIONS, OR, IN THE ALTERNATIVE, A CIVIL TRIAL WILL BE NECESSARY TO RECOVER THE COSTS EXPENDED BY THE GOVERNMENT IN THIS MATTER. RECENT CONTACTS WITH PROPOSED DEFENDANTS: DEFENDANTS WHO RECEIVED SPECIAL NOTICE OF AN OPPORTUNITY TO CONDUCT OR FINANCE THE REMEDIAL ACTION SUBMITTED AN OFFER ON JANUARY 19, 1989. USEPA REJECTED THAT OFFER ON FEBRUARY 16, 1989. SINCE THEN, THE STEERING COMMITTEE AND A DE MINI- MIS COMMITTEE HAVE KEPT IN CONSTANT CONTACT WITH THE AGENCY; A DE MINIMIS OFFER WAS RECEIVED IN JUNE, 1989. LETTERS DE- MANDING REPAYMENT OF FUNDS EXPENDED BY U.S. EPA WERE ALSO SENT IN JUNE 1989. A SECOND DEMINIMUS OFFER, FOR ONE PRP LANCASTER METAL, WHOSE ASSETS ARE NOW PART OF THE ESTATE OF THE PRP'S DECEASED OWNER WAS RECEIVED IN 1989. BOTH DE MINIMUS PROPOSALS ARE CURRENTLY BEING EVALUATED BY EPA AND DOJ, 5/31/90. SIGNIFICANT NAT'L OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES: SIGINFICANT ISSUES THAT MAY SET LEGAL PRECEDENT ARE: 1) WHETHER A USED BATTERY SOLD TO A BROKER IS A USEFUL PRODUCT, THUS SHIELDING THE SELLER FROM LIABILITY; AND 2) WHETHER PERSONS WHO SENT BATTERIES TO A BROKER WHO IN TURN USED THE SITE IS A GENERATOR WITHIN THE MEANING OF CERCLA SECTION 107A3. DATE OF ACTION WHICH LED TO DECISION TO INITIATE ENFORCE- MENT PROCEEDINGS: THE UNITED SCRAP LEAD SITE WAS LISTED ON THE NAT'L PRIORI- TIES LIST ON SEPTEMBER 8, 1983. DATE OF DETERMINATION THAT VIOLATION IS REFERRABLE: JUNE 1989.

Defendants (50)

• BAILEN BROS., INC.Named in complaintNamed in settlement
• AT&T (WESTERN ELECTRIC)Named in complaintNamed in settlement
• ATLAS LEDERER, INC.Named in complaintNamed in settlement
• CONRAILNamed in complaintNamed in settlement
• CREMER IRON & METAL CO.Named in complaintNamed in settlement
• D. KIRSCHNER & SON, INC.Named in complaintNamed in settlement
• DAYTON POWER & LIGHTNamed in complaintNamed in settlement
• EAGLE IRON CO.Named in complaintNamed in settlement
• GALION AUTO WRECKING, INC.Named in complaintNamed in settlement
• GM (FISHER BODY)Named in complaintNamed in settlement
• GOODYEARNamed in complaintNamed in settlement
• HERMAN STRAUSS, INC.Named in complaintNamed in settlement
• HINTON'S, INC.Named in complaintNamed in settlement
• I. DEUTCH & SONS, INC.Named in complaintNamed in settlement
• I.H. SCHLEZINGER & SONS INC.Named in complaintNamed in settlement
• J. TOPY & SONS, INC.Named in complaintNamed in settlement
• J.C. PENNEYNamed in complaintNamed in settlement
• LANCASTER AUTO PARTS, INC.Named in complaintNamed in settlement
• LIVINGSTON & CO., INC.Named in complaintNamed in settlement
• MID-OHIO BATTERY, INC.Named in complaintNamed in settlement
• MIDWEST CORP.Named in complaintNamed in settlement
• MOSKOWITZ BROS.Named in complaintNamed in settlement
• MUSKINGUM IRON & METAL CO.Named in complaintNamed in settlement
• NAVISTAR (INT'L HARVESTER)Named in complaintNamed in settlement
• RMS PROPERTIES CORP.Named in complaintNamed in settlement
• …and 25 more

Facilities (1)

• UNITED SCRAP LEAD COMPANY INC

  SOUTH DIXIE HWY, TROY, OH, 45373

  Registry ID: 110009343059

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BAILEN BROTHERS ET AL./UNITEDentered 1990-01-17

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-10-01Enforcement Action Data Entered
• 1989-06-30Referred To Dept Of Justice
• 1990-01-17Final Order Lodged
• 1990-01-17Final Order Entered
• 1990-01-17Complaint Filed With Court
• 1990-01-17Concluded
• 1998-09-28Enforcement Action Closed