EPA v. OLD MILL CONSENT DECREE (CERCLA)

Case summary

STATUTES WHICH ARE THE BASIS FOR THE PROPOSED ACTION: SECT 104(A1), (A2), (C1) AND SECT 107 OF CERCLA, 42 USC SECT 9601 ET SEQ. PROPOSED RELIEF: THE REMEDY SOUGHT IS RECOVERY OF FUNDS EXPENDED PURSUANT TO SECT 104 OF CERCLA. RESOURCE REQUIREMENTS: THE REGION ANTICIPATES THAT EXTENSIVE NEGOTIATIONS OR, IN THE ALTERNATIVE, A CIVIL TRIAL WILL BE NECESSARY TO RECOVER THE COSTS EXPENDED BY THE GOV'T IN THIS MATTER. RECENT CONTACTS WITH DEFENDANTS: INFORMATION REQUESTS WERE SENT TO THE PROPOSED DEFENDANTS IN FEBRUARY 1989, PURSUANT TO SECT 104E OF CERCLA, 42 USC SECT 9604E. LETTERS DEMANDING REPAYMENT OF FUNDS EXPENDED BY THE GOV'T WERE ALSO SENT IN FEBRUARY 1989. DATE OF ACTION WHICH LED TO DECISION TO INITIATE ENFORCE- MENT PROCEEDINGS: THE USEPA INSPECTED THE OLD MILL SITE ON JUNE 18, 19, AND 20, 1979 AND OBSERVED OVER 1200 DRUMS OF INDUSTRIAL CHEMICAL WASTES. DATE OF DETERMINATION THAT VIOLATION IS REFERABLE: MARCH, 1989. DATE REFERRAL SIGNED BY RA: 3/23/89. THE CONSENT DECREE FOR THIS CASE WAS LODGED ON 9/14/2001. AS A RESULT OF ANTHRAX INCIDENTS U.S. POSTAL SERVICE MAIL DELIVERIES TO DOS WERE INTERRUPTED, THIS CREATED COM- PLICATIONS WITH THE 30 DAY PUBLIC COMMENT PERIOD. DOJ PROPOSED TO ADD LANGUAGE TO THE U.S. MOTION AND ENTER THE CONSENT DECREE & EXPLAIN THE SPECIAL CIRCUMSTANCES. IT IS HOPED THAT THE CD WILL BE ENTERED BY THE COURT SHORTLY.

Defendants (14)

• AARDVARK ASSOC., INC.Named in complaintNamed in settlement
• DEARING, NORREL E.Named in complaint
• KRAUSE, WILLIAMNamed in complaint
• LORD CORP.Named in complaintNamed in settlement
• MOLDED FIBERGLASSNamed in complaintNamed in settlement
• PREMIX INC.Named in complaintNamed in settlement
• ROCKWELL INT'L.Named in complaint
• STACKPOLE CORP.Named in complaintNamed in settlement
• WEBB, JACKNamed in complaintNamed in settlement
• COMBUSTION ENGINEERING COMPANY, INC.Named in settlement
• FIRST NATIONWIDE NATIONAL BANK CORP.Named in settlement
• FORMICA CORPORATIONNamed in settlement
• MERITOR AUTOMOTIVE, INC. & ROCKWELL INTERNATIONALNamed in settlement
• MILLENNIUM HOLDINGS, INC.Named in settlement

Facilities (2)

• OLD MILL

  MILL RD AND STATION, ROCK CREEK, OH, 44084

  Registry ID: 110060855579

• OLD MILL

  MILL RD AND STATION, ROCK CREEK, OH, 44084

  Registry ID: 110007707776

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• OLD MILL CONSENT DECREEentered 2002-03-27

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-03-23Referred To Dept Of Justice
• 1989-03-31Enforcement Action Data Entered
• 1989-08-04Returned To Region
• 1989-09-25Rereferred
• 1989-10-16Complaint Filed With Court
• 2001-09-14Final Order Lodged
• 2002-03-27Final Order Entered