EPA v. PBM ENTERPRISES

Case summary

1 - STATUTES AND REGULATIONS: 42 USC SECT 9607. 3 - CERCLA VIOLATIONS: A) FAILURE TO COMPLY WITH A SECT 106 ORDER; B) FAILURE TO REIMBURSE THE U.S. FOR RESPONSE COST INCURRED AT THE PBM ENTERPRISES FACILITY. 4 - PROPOSED RELIEF: A) DIST COURT ORDER ASSESSING PENAL- TIES FOR NON-COMPLIANCE WITH A 106 ORDER; B) REIMBURSEMENT OF OVER $8 HUNDRED THOUSAND IN RESPONSE COST TO THE U.S. 5 - ADMINISTRATIVE HISTORY AND RECENT CONTACTS: ON APRIL 11, 1985, USEPA COMMENCED A REMOVAL ACTION AT THE PBM ENTER- PRISES FACILITY. USEPA ISSUED A DEMAND LETTER TO THE DEFEN- DANTS ON OR ABOUT DECEMBER 28, 1985. 6 - SIGNIFICANT ISSUES: STATUTE OF LIMITATIONS MAY APPLY, IF THE COMPLAINT IS NOT FILED BY OCTOBER 8, 1988. 7 _ DATE OF ACTION WHICH LED TO REFERRAL: DEFENDANTS RE- FUSED TO COMPLY WITH THE SECT 106 ORDER - APRIL 11, 1985. DEFENDANTS REFUSED TO COMPLY WITH THE DEMAND LETTER ISSUED ON OR ABOUR DECEMBER 28, 1985. 8 - SIGNIFICANT ASPECTS OF THIS CASE: STRONG EQUITABLE AR GUMENTS CAN BE BROUGHT TO BEAR BY MR. MATAKAS, MR. MATAKAS IS A CONSTITUENT OF CONGRESSMAN DINGLE. THE DATA SHEET AND LITIGATION REPORTS, REFER A RECOMMENDA- TION FOR FILING OF A CIVIL ACTION UNDER SECT 107 OF CERCLA AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, AGAINST WILLIAM & PHILLIPA MATAKAS AS OWNER OF THE PBM FACILITY, AND PBM ENTERPRISES AND ITS PARTNERS AS OPERATORS OF THE PBM FACILITY IN ROMULUS, MICHIGAN. THE PBM FACILITY WAS OPERATED AS A SILVER RECOVERY BUSINESS FROM JAN UARY 1983 TO SEPTEMBER 1984, IN ROMULUS, MICH. THE TWO CLASSES OF PERSONS NOTED ABOVE ARE LIABLE TO THE U.S. FOR RE SPONSE COSTS IN EXCESS OF $800,000. THE USEPA HAS BEEN UNSUCCESSFUL IN ITS ATTEMPTS TO RECOVER ITS RESPONSE COST THROUGH ADMINISTRATIVE SETTLEMENT. THERE- FORE, WE ARE REQUESTING THAT A COMPLAINT BE FILED IN FEDERAL COURT TO COMPEL DEFENDANTS TO REIMBURSE FEDERAL RESPONSE COSTS FOR THE PBM FACILITY.

Defendants (7)

• BANERJEE, KRISHNADAS
• KRHOMER, JACK
• MARTIN, EDWARD
• MATAKAS, PHILLIPA
• MATAKAS, WILLIAM
• PBM ENTERPRISESNamed in complaintNamed in settlement
• PINT, RICHARD

Facilities (1)

• PBM ENTERPRISES INCORPORATED

  10100 HARRISON ROAD, ROMULUS, MI, 48174

  Registry ID: 110003598429

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• PBM ENTERPRISESentered 1993-02-03

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-09-29Enforcement Action Data Entered
• 1988-09-29Referred To Dept Of Justice
• 1988-10-06Complaint Filed With Court
• 1993-02-03Concluded
• 1993-02-03Final Order Lodged
• 1993-02-03Final Order Entered
• 1993-06-12Enforcement Action Closed