EPA v. AMERICAN STEEL DRUM

Case summary

STATUTE AND REGULATIONS: 42 USC S9604, S9606 AND S9607. DEFENDANTS: AMERICAN STEEL DRUM SERV. CO. - 143 NORTHFIELD RD. BEDFORD, OHIO 44146 / MR. HYMAN S. COHEN 21728 ARRIBA REAL - BOCA RATON, FLORIDA 33433 MR. MANUEL A. COHEN - 3898 FAVERSHAM RD. UNIV. HTS., OH 44118 CERCLA VIOLATIONS: FAILURE TO FULLY COMPLY WITH A SECT 104E INFORMATION RE- QUEST. FAILURE TO REIMBURSE THE U.S. FOR RESPONSE COST IN- CURRED AT THE AMERICAN STEEL DRUM FACILITY. PROPOSED RELIEF: DISTRICT COURT DIRECTING COMPLIANCE WITH THE INFORMATION REQUEST AND ASSESSING PENALTIES FOR THE VIOLATION. REIMBURSEMENT OF OVER $1.6 MILLION IN RESPONSE COST TO THE U.S. ADMINISTRATIVE HISTORY AND RECENT CONTACTS: ON FEBRUARY 4, 1985, USEPA COMMENCED A REMOVAL ACTION ACT THE AMERICAN STEEL DRUM SERV. CO. USEPA ISSUED A DEMAND LET TER TO THE COHENS ON JUNE 27, 1986. USEPA ISSUED SECT 104E REQUEST FOR INFORMATION ON SEPT. 8, 1987. SIGNIFICANT ISSUES: STATUTE OF LIMITATIONS MAY ARGUABLY APPLY TO PHASE ONE OF THE REMOVAL, IF THE COMPLAINT IS NOT FILED BY SEPT 30, 1988. DATE OF ACTION WHICH LED TO REFERRAL: COHENS REFUSED TO COMPLY WITH THE DEMAND LETTER - JULY 17 1986. COHENS REFUSED TO COMPLY FULLY WITH INFORMATION RE- QUEST - NOV. 1, 1987. SIGINIFICANT ASPESTS OF THIS CASE: NONE.

Defendants (2)

• COHEN, HYMANNamed in complaintNamed in settlement
• COHEN, MANUELNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN STEEL DRUM SERV INC

  154 NORTHFIELD RD, BEDFORD, OH, 44146

  Registry ID: 110004579885

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• AMERICAN STEEL DRUMentered 1993-04-23

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-08-11Referred To Dept Of Justice
• 1988-09-27Referred TO U.S. Attorney
• 1988-09-29Complaint Filed With Court
• 1993-04-23Final Order Lodged
• 1993-04-23Final Order Entered
• 1993-04-23Concluded
• 1993-07-23Enforcement Action Closed