EPA v. ARCANUM IRON & METAL - SHANE, HAROLD M.

Case summary

NATURE OF THE CASE ARCANUM IRON AND METAL (AIM) OPERATED A LEAD BATTERY REPRO- CESSING FACILITY IN DARKE COUNTY, OH FROM THE EARLY 1960'S TO 1982. OPERATIONS AT THE SITE INVOLVED OPENING BATTERY CASINGS; DUMPING THE ACID ON THE GROUND; SMELTING THE LEAD AND STOCK- PILING THE BATTERY CASINGS, FRAGMENTS AND CHIPS FOR LATER REMOVAL. CONTAMINATION OF SOIL AND GROUNDEATER FROM THE OPERATION WAS FOUND IN TEST CONDUCTED BY THE OHIO EPA AND AIM. TEST RESULTS SUGGESTED POSSIBLE LEAD AND OTHER METAL CONTAMINATION IN THE SOIL, GROUNDWATER, AND DRAINAGE SEDI- MENT. IN DECEMBER 1982, THE SITE WAS PLACED ON THE NATIONAL PRIORI TIES LIST (NPL) OF HAZARDOUS WASTE SITES. REMEDIAL INVESTI- GATION (RI) FIELD ACTIVITIES TO DEFINE THE EXTENT OF CONTAMI NATION AND A FEASIBILITY STUDY (FS) TO EVALUATE POSSIBLE REMEDIES FOR CLEANUP BEGAN IN 1984. NOTICE LETTERS WERE SENT TO HAROLD M. SHANE, THE RECOMMENDED DEFENDANT PRIOR TO THE RI, SEEKING HIS PARICIPATION IN THE UNDERTAKING OF THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS), AND AGAIN IN JUNE OF 1985, FOR THE CLEAN UP OF THE SITE. AS A RESULT OF SERIES OF UNPRODUCTIVE NEGOTIATIONS AND REPEATED DELAYS IN THE PRODUCTION OF FINANCIAL INFORMATION NECESSARY TO DETERMINE IF ACTIONS COULD BE PROPERLY PERFORMED, THE U.S EPA FUNDED BOTH ACTIONS. ON SEPTEMBER 26, 1986, A RECORD OF DECISION (ROD) DOCUMENT- ING THE REMEDIAL ALTERNATIVE SELECTED FOR THE SITE WAS ENTER ED INTO BY THE REGIONAL ADMINISTRATOR FOR REGION V. THIS ROD WILL PROBABLY BE AMENDED AS A RESULT OF A CHANBE TO THE TREATMENT PROCESS FOR THE BATTERY CASINGS. THE ESTIMATED COST OF THE REMEDY IS 11 MILLION DOLLARS. CURRENTLY WORK ON THE REMEDIAL DESIGN IS PROGRESSING. ON MAY 18, 1988, MR. SHANE WAS SENT A 104E INFORMATION REQUEST. MR. SHANE'S RESPONSES TO THE 104E REQUEST INDICATE THAT HE WILL BE ABLE TO DEFRAY A SUBSTANTIAL PORTION OF THE COSTS INCURRED AT THE SITE. - CAUSE OF ACTION U.S.EPA SEEKS THE RECOVERY OF PAST COSTS WHICH INCLUDE $782,616.14 IN COSTS THRU OCTOBER 1988, ALTHOUGH THE INTE- GRATED FINANCIAL MANAGEMENT SERVICE IS SHOWING APPROX. $913,700 IN PAST COSTS EXPENDED TILL APRIL 1989, BUT IS UNABLE TO DOCUMENT THOSE COSTS AT THIS TIME, AND A DECLARA- TORY JUDGMENT FOR ALL FUTURE COSTS AT THE SITE PURSUANT TO SECTION 107 OF CERCLA, 42 U.S.C. SECTION 9607. HAROLD M. SHANE, THE RECOMMENDED DEFENDANT, IS THE SOLE OWNER AND OPERATOR OF THE SITE. THE STATUTE OF LIMITATIONS FOR THE REMEDIAL ACTION COULD EXPIRE FOR A SIGNIFICANT PORTIONOF THE COSTS TO DATE ON SEPTEMBER 26, 1989. - PROPOSED REMEDY THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS EXPENDED BY THE USEPA FOR THE AIM SITE AND A DECLARATORY JUDGMENT ON LIABLITY FOR ANY FUTURE COSTS EXPENDED AT THE AIM SITE.

Defendants (10)

• AMERICAN COMPRESSED STEELNamed in complaintNamed in settlement
• GENERAL ELECTRIC COMPANYNamed in complaintNamed in settlement
• ACE BATTERYNamed in complaint
• HAROLD SHANENamed in complaintNamed in settlement
• INDIANA MICHIGAN POWER COMPANYNamed in complaintNamed in settlement
• ITT CORP.Named in complaintNamed in settlement
• KOKOMO TIRE AND AUTO CEBTERNamed in complaintNamed in settlement
• MIAMI INDUSTRIAL TRUCKNamed in complaintNamed in settlement
• MIDWEST IRON AND METALNamed in complaintNamed in settlement
• MONROE SCRAP MATERIALNamed in complaintNamed in settlement

Facilities (1)

• ARCANUM IRON & METAL CO

  POP-RITE LANE 5MI OFF RTE 49, ARCANUM, OH, 45304

  Registry ID: 110008118802

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• HAROLD SHANE, ET AL.entered 1998-03-20

  Primary law: CERCLA

Timeline (5 milestones)

• 1986-09-26Enforcement Action Data Entered
• 1989-06-27Referred To Dept Of Justice
• 1989-09-25Complaint Filed With Court
• 1997-05-12Final Order Lodged
• 1998-03-20Final Order Entered