EPA v. NORTHSIDE SANITARY LANDFILL

Case summary

( SUBPOENA - CASE, TO DISTINGUISH FROM OTHER FILED ACTION CONCERNING THIS NPL SITE. ) ENVIRO-CHEM ( ECC ) AND NORTHSIDE SANITARY LANDFILL ( NSL OR NORTHSIDE ) ARE BOTH LISTED ON THE NAT'L PRIORITY LIST (NPL) OF HAZARDOUS WASTE SITES AND ARE LOCATED ADJACENT TO EACH OTHER NEAR ZIONSVILLE, BOONE COUNTY, INDIANA. JONATHAN W. BANKERT, SR. AND HIS WIFE, PATRICIA BANKERT, OWN THE PRO- PERTY WHERE THE SITES ARE LOCATED, AND JONATHAN BANKERT IS AN OFFICER AND MAJOR SHAREHOLDER IN THE CORPORATIONS WHICH OPERATED THE ECC AND NSL SITES. NORTHSIDE SANITARY LANDFILL INC. IS AN INDIANA CORPORATION WHICH LEASES THE NSL SITE AND OPERATES A LANDFILL BUSINESS. BANKERT IS THE PRESIDENT AND A MAJOR SHAREHOLDER IN NORTHSIDE. ALL THE CHILDRED OWN STOCK IN NSL AND FOUR OF THE FIVE CHILDRED WORK AT NSL. REMEDIAL INVESTIGATIONS ( RI ) AND FEASIBILITY STUDIES ( F S ) WERE PERFORMED FOR THE SITES. A COMBINED ALTERNATIVES ANALYSIS ( CAA ) WAS PERFORMED, AND ON SEPTEMBER 25, 1987, THE REGIONAL ADMINISTRATOR SIGNED A RECORD OF DECISION ( ROD ) WHICH SELECTED A PERMANENT COMBINED REMEDY FOR THE SITES. ON SEPTEMBER 16, 1987, REGION V ISSUED INFORMATION REQUEST /SUBPOENAS TO JONATHAN BANKERT, SR, AND NORTHSIDE, UNDER 42 USC SECTS 9604E AND 9622B. THE INFORMATION REQUESTS/SUBPOE- NAS SOUGHT FINANCIAL INFORMATION WITHIN 30 DAYS OF BANKERT'S AND NORTHSIDE'S RECEIPT. ON OCTOBER 19, 1989, BANKERT AND NORTHSIDE BOTH FILED OBJECTIONS TO THE INFORMATION REQESTS/ SUBPOENAS AS REFUSED TO PROVIDE ANY OF THE INFORMATION RE- QUESTED. NONE OF THE OBJECTIONS RAISED BY BANKERT OR NORTH- HAS ANY LEGAL MERIT. ON MAY 11, 1988, REGION V SENT BANKERT AND NORTHSIDE LET- TERS DEMANDING RESPONSES TO THE INFORMATION REQUEST/SUBPOE- NAS WITHIN THIRTY DAYS OF RECEIPT, MAY 16, 1988. THE LET- TERS ALSO OFFERED BANKERT AND NORTHSIDE AN OPPORTUNITY TO CONFER WITH USEPA. ON JUNE 16, 1988, COUNSEL FOR BANKERT AND NORTHSIDE MET WITH USEPA, BUT DID NOT SUPPLY ANY OF THE INFORMATION REQUIRED IN THE INFORMATION REQUEST/SUBPOENAS. ON JUNE 22 AND 24, 1988, THEY OFFERED TO SETTLE THIS MATTER BY SUPPLYING ONLY CURRENT BALANCE SHEETS. ON JULY 1, 1988, USEPA REJECTED THIS SETTLEMENT OFFER. ON AUGUST 12, 1988, USEPA SENT 104E INFORMATION REQUESTS TO PATRICIA BANKERT, JONATHAN SR.'S WIFE; JONATHAN, JR., ROBERT AND GREGORY BAN- KERT, HIS SONS; AND CYNTHIA RUSSELL, HIS DAUGTHER. TO DATE, NO INFORMATION HAS BEEN SUPPLIED BY THESE INDIVIDUALS. ****** INFORMATION REQUEST CASE. ******

Defendants (16)

• RUSSELL, CYNTHIANamed in complaintNamed in settlement
• SMI INDUSTRIESNamed in complaintNamed in settlement
• WHITE METAL ROLLING AND STAMPING CORP.Named in complaintNamed in settlement
• AYDT, MALCOLM
• BANKERT FARMS, INC.Named in complaintNamed in settlement
• BANKERT, GREGORYNamed in complaintNamed in settlement
• BANKERT, JONATHAN JR.Named in complaintNamed in settlement
• BANKERT, JONATHAN W., SR.Named in complaintNamed in settlement
• BANKERT, PATRICIA(REP OF JWB,SR. ESTATE)Named in complaintNamed in settlement
• BANKERT, ROBERTNamed in complaintNamed in settlement
• E.R. CARPENTER CO.
• EDCO PRODUCTS, INC.
• INDUSTRIAL PLATING, INC.Named in complaintNamed in settlement
• INGRESS PASTINE CO.
• NOR ELL, INC.Named in complaintNamed in settlement
• NORTHSIDE SANITARY LANDFILLNamed in complaintNamed in settlement

Facilities (1)

• NORTHSIDE SANITARY LANDFILL INC

  985 SOUTH STATE ROAD 421, ZIONSVILLE, IN, 46077

  Registry ID: 110042064903

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 122 — Superfund
• CERCLA 104E3 — Entry Access
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• NORTHSIDE SANITARY LANDFILLentered 1993-08-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-10-01Enforcement Action Data Entered
• 1988-08-31Referred To Dept Of Justice
• 1989-05-22Referred TO U.S. Attorney
• 1989-05-30Complaint Filed With Court
• 1993-08-30Final Order Lodged
• 1993-08-30Final Order Entered
• 1993-08-30Concluded