EPA v. ACCRA PAC, INC.

Case summary

LEGAL BASIS FOR PROPOSED ACTION: SECTS 104, 106, AND 107 OF THE CERCLA OF 1980, 42 USC SECTS 9604, 9606, AND 9607 AS AMENDED BY THE SUPERFUND AMEND MENTS AND REAUTHORIZATION ACT (SARA) OF 1986, PUB L. NO. 99- 499, 100 STAT. 1613 (1986) AND SECT 7003 OF RCRA, 42 USC SECT 6973. IDENTITY OF DEFENDANTS: ACCRA PAC, INC.; ESTATE OF WARNER BAKER; DIANA LEE POWER AND DONALD P. BAKER. LIABILITY OF DEFENDANTS: ACCRA PAC, INC. OWNED THE SITE AT A TIME WHEN LEAKS OF HAZARDOUS SUBSTANCES OCCURRED FROM TANKS ON THE SITE, AND IS THEREFORE LIABLE AS AN OWNER AT THE TIME OF DISPOSAL. THE ESTATE OF WARNER BAKER IS THE PRESENT OWNER OF THE SITE, AND IS THEREFORE LIABLE AS AN OWNER. DIANA LEE POWER AND DONALD P. BAKER ARE THE HEIRS OF WARNER BAKER, AND ARE LIABLE AS SUCCESSORS PURSUANT TO AN ADMINISTRATIVE ORDER BY CONSENT EXECUTED BY WARNER BAKER. PROPOSED RELIEF: USEPA SEEKS AN INJUNCTION TO COMPEL COMPLIANCE WITH THE AFOREMENTIONED ADMINISTRATIVE ORDER BY CONSENT AND WITH A UNILATERAL ORDER ISSUED AGAINST ACCRA PAC, INC. IT ALSO SEEKS THE RECOVERY OF ALL ITS EXPENDITURES INCURRED AS THE RESULT OF RELEASES FROM TE SITE IN THE APPROXIMATE AMOUNT OF $317,000.00. MOREOVER, IT SEEKS A JUDGMENT FOR STIPULATED PENALTIES AGAINST THE BAKER DEFENDANTS AND FOR STATUTORY PENALTIES AND TREBLE DAMAGES AGAINST ACCRA PAC. RECENT CONTACT WITH DEFENDANTS: THERE HAVE BEEN PERIODIC RECENT CONTACTS WITH BOTH ACCRA PAC AND THE BAKER DEFENDANTS, GENERATED MOST RECENTLY BY THE COST RECOVERY DEMAND LETTERS DATED AUGUST 19, 1988. A MEET- ING IS PRESENTLY SCHEDULED WITH ACCRA PAC FOR SEPT. 27, 1988 SIGINIFICANT OF THE REFERRAL: REGION V BELIEVES THAT THIS MATTER IS PARTICULARLY APPRO- PRIATE TO DEMONSTRATE THE AGENCY'S INTENTION TO ENFORCE ITS 106 ADMINISTRATIVE ORDERS. MOREOVER, IT IS IMPORTANT TO COM MENCE A COST RECOVERY ACTION SO THAT OTHER PARTIES, SPECIFI- CALLY THE CITY OF ELKHART AND ITS RESIDENTS WHO INCURRED COSTS PRIOR TO THE TIME WHEN THE U.S. INCURRED IS COSTS, WILL HAVE THE BENEFIT OF THSI PROPOSED LITIGATION. EVIDENCE OF LIABILITY: ANALYSES OF GROUNDWATER TAKEN FROM OFF SITE WELLS HAVE FINGER PRINTED THE HAZARDOUS SUBSTANCES AS EMANATING FROM THE ACCRA PAC SITE. THERE EXISTS A SIGNED CONSENT ORDER AS TO THE BAKER DEFENDANTS AND AN ADMINISTRATIVE RECORDS UNDER- LYING THE UNILATERAL ADMINISTRATIVE ORDER ISSUED TO ACCRA PAC, INC. IN ADDITION, THERE EXISTS COST DOCUMENTATION TO SUPPORT THE GOVERNMENT'S COST RECOVERY CLAIM. DATE REFERRAL REQUEST APPEARED NECESSARY: A REFERRAL BEGAN TO APPEAR TO BE NECESSARY WHEN, LATE LAST SPRING, THE PROPOSED DEFENDANTS EXHIBITED LITTLE ENTHU- SIASM ABOUT FULLY COMPLYING WITH THE ADMINISTRATIVE ORDERS. IT WAS DEEMED APPROPRIATE TO HOLD OFF MAKING A REFERRAL, HOWEVER, UNTIL THE COST RECOVERY CLAIM COULD BE INCLUDED.

Defendants (3)

• ACCRA PAC, INC.Named in complaintNamed in settlement
• BAKER, ESTATE OFNamed in complaintNamed in settlement
• BAKER, REPRESENTATIVES OF ESTATENamed in complaintNamed in settlement

Facilities (1)

• ACCRA PAC INCORPORATED

  2730 MIDDLEBURY STREET, ELKHART, IN, 46516

  Registry ID: 110000613006

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• ACCRA PAC, INC.entered 1993-11-16

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-09-29Referred To Dept Of Justice
• 1988-09-29Referred TO U.S. Attorney
• 1989-03-06Complaint Filed With Court
• 1993-11-16Final Order Lodged
• 1993-11-16Final Order Entered
• 1993-11-16Concluded
• 1998-04-30Enforcement Action Closed