EPA v. THUMM (HOLTZMAN-SILVERMAN SITE)

Case summary

THIS REFERRAL RECOMMENDS THAT A COMPLAINT BE FILED AGAINST PAST OWNERS AND OPERATORS OF THE HOLTZMAN-SILVERMAN SITE PUR SUANT TO SECT 106 OF CERCLA. THE HOLTZMAN-SILVERMAN SITE IS LOCATED IN WASHTENAW CTY., MI. THE PROPERTY IS ALSO KNOW AS THE TEXTILE ROAD PROPERTY OR SITE . THE SITE IS UNRESTRICTED AND LOCAL RESIDENTS HAVE BEEN SEEN USING THE PROPERTY AS A CAMPGROUND AND FISHING IN ITS TWO POND. ON SEPTEMBER 16, 1988, A SECT 106 ADMINISTRATIVE ORDER WAS ISSUED BY THE USEPA TO A CORP., HOLTZMAN-SILVERMAN INCORPORA TED, AND TWO INDIVIDUALS, LAMAR AND FRANCES THUMM. THE OR- DER REQUIRED AND PROPOSED DEFENDANTS TO UNDERTAKE STUDY AND CLEANUP ACTIONS WITH RESPECT TO THE SITE. SPECIFICALLY, THE ORDER CALLED FOR THE REMOVAL OF ALL DRUMS FROM THE SITE, AND THE REMOVAL, DECONTAMINATION, OR DESTRUCTION OF ALL WASTES, SOILS, AND SEDIMENTS CONTAINING POLYCHOLRINATED BIPHENYLS (PCB) GREATER THAN 10 PARTS PER MILLION (PPM). ALTHOUGH SOME DISCUSSIONS HAVE BEEN HELD WITH THE PROPOSED DEFENDANTS, TO DATE THE PARTIES HAVE FAILED TO COMPLY WITH THE TERMS OF THE ORDER.

Defendants (3)

• HOLTZMAN - SILVERMANNamed in complaintNamed in settlement
• THUMM, FRANCISNamed in complaintNamed in settlement
• THUMM, LAMARNamed in complaintNamed in settlement

Facilities (1)

• HOLTZMAN & SILVERMN RLTY CO

  24750 LAHSER, SOUTHFIELD, MI, 48034

  Registry ID: 110010701302

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• THUMM, LAMARentered 1992-07-31

  Primary law: CERCLA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1988-09-01Enforcement Action Data Entered
• 1989-03-23Referred To Dept Of Justice
• 1990-03-09Complaint Filed With Court
• 1992-07-31Final Order Lodged
• 1992-07-31Final Order Entered
• 1992-07-31Concluded
• 1992-08-19Enforcement Action Closed