EPA v. ADLER SEED COMPANY, ET AL.

Case summary

PROVIDE PRIOR WRITTEN APPROVAL OF THE PROPOSED DE MINIMIS SETTLEMENT ADMINISTRATIVE ORDER IN THE I. JONES RECYCLING CASE. THIS REQUEST IS MADE PURSUANT TO SECTION 122(G) OF THE CERCLA, 42 U.S.C. SECTION 9622(G). UNDER THIS PROPOSED SETTLEMENT, 139 COMPANIES HAVE AGREED TO PAY A TOTAL OF $2,172,038.74 INTO THE HAZARDOUS SUBSTANCES SUPERFUND. OF THAT, $1,888,326.05 REPRESENTS REIMBURSEMENT FOR A PORTION OF THE AGENCY'S PAST COSTS AT THE SITE AND $283,712.69 REPRE SENTS PAYMENTS IN SETTLEMENT OF POTENTIAL PENALTY LIABILITY FACED BY PARTIES WHO HAD NOT COMPLIED WITH THE AGENCY'S JULY 27, 1988, UNILATERAL CLEANUP ORDER. - THE I. JONES RECYCLING SITE IN FORT WAYNE, INDIANA, WAS OPER ATED AS AN INTERIM STATUS HAZARDOUS WASTE STORAGE AND RECY- CLING FACILITY FORM 1980 UNTIL 1986. THE 4.5 ACRE SITE IS ADJACENT TO A LARGE SHOPPING CENTER AND SEVERAL SMALL BUSI- NESSES, AND IS LOCATED NEAR RESIDENTIAL AREAS. ON OCTOBER 14, 1986, AND SEPTEMBER 3, 1987, U.S. EPA ISSUED UNILATERAL CLEANUP ORDERS TO THE SITE OWNERS AND OPERATORS FOR PERFORM- ANCE OF THE FIRST PHASES OF THE REMOVAL ACTIVITES NEEDED AT THE SITE. THESE FIRST PAHSES INCLUDED SECURING, STAGING, SAMPLING, OVERPACKING, AND DISPOSING OF HUNDREDS OF THOU- SANDS OF GALLONS OF HAZARDOUS SUBSTANCES CONTAINED IN DRUMS, BULK STORAGE TANKS AND ROLLOFF BOXES AT THE SITE. THE OWN- ERS AND OPERATORS REFUSED TO COMPLY WITH THE ORDERS AND U.S. EPA PERFORMED THE INITIAL PHASES OF THE CLEANUP. AS U.S. EPA'S REMOVAL ACTIVITIES PROCEEDED, THE AGENCY REVIEWED THE I. JONES SITE RECORDS AND IDENTIFIED APPROX. 280 GENERATORS AND TRANSPORTERS OF HAZARDOUS SUBSTANCES TO THE SITE WHO WERE PRP'S UNDER SECTION 107 OF CERCLA, 42 U.S.C. SECTION 9607. ON JULY 27, 1988, U.S. EPA ISSUED A UNILATERAL ORDER TO APPROX. 300 OWNER, OPERATOR, GENRATOR AND TRASPORTER PRPS REQUIRING THEM TO PERFORM THE FINAL PHASES OF THE REMOVAL ACTION. THIS WORK INCLUDED SAMPLING AND REMOVAL OF CONTAMI- NATED SOILS, DISPOSAL OF TANK SLUDGES, INVESTIGATION AND CLEANUP OF POSSIBLE GROUNDWATER, SMOKESTACK, BOILER, SEDI- MENT AND OFFSITE SOIL CONTAMINATION, CLEANUP OF PCB CONTAMI- NATION IN BUILDINGS, AND REMOVAL OF UNDERGROUND STORAGE TANKS. ON SEPTEMBER 7, 1988, A GROUP OF PRPS COMMITTED TO PERFORM THIS WORK. THE PRP GROUP'S WORKPLAN WAS APPROVED ON NOVEMBER 23, 1988, AND WORK AT THE SITE IS UNDERWAY; COMPLE- TION OF THE WORK IS EXPECTED IN JUNE, 1989. - FROM THE TIME U.S. EPA ISSUED ITS UNILATERAL ORDER TO 300 PRPS IN JULY 1988, THE AGENCY ANTICIPATED OFFERING A DE MINI MIS SETTLEMENT ONCE COMPLIANCE WITH THE ORDER WAS ASSURED. U.S. EPA CONSULTED WITH BOTH THE DOJ AND THE OECM ON THE DRAFT. ON MARCH 20, 1989, U.S. EPA ISSUED A FINAL DE MINI- MIS SETTLEMENT OFFER TO ALL ELIGIBLE PRPS, ALONG WITH THE AGENCY'S RESPONSE TO COMMENTS. THE DOJ HAD EXPRESSEDAN INTEREST IN, AND CONSULTED ON, THE AGENCY'S RESPONSE TO COM- MENTS. - THE DUE DATE FOR ACCEPTING THE SETTLEMENT OFFER IS NOW PAST, AND 139 COMPANIES, REPRESENTING 143 OF 186 ELIGIBLE PRPS, HAVE SIGNED THE OFFER AND PAID THEIR ALLOCATED SETTLEMENT SHARES. AN ADDITIONAL ORDER, WHICH ESTABLISHES A 9 MONTH INSTALLMENT PAYMENT PLAN, WITH INTEREST, FOR 2 PRPS WHO HAVE DEMONSTRATED FINANCIAL HARDSHIP IS FORTHCOMING AND WILL FUR- THER INCREASE THE AGENCY'S DE MINIMIS COST RECOVERY. -

Defendants (138)

• SWIFT-ECKRICH, INC/PETER ECKRICH&SON
• TECO, INC.
• TOKHEIM CORPORATION
• TRITECH MANUFACTURING, INC.
• TUBE PROCESSING CORPORATION
• TULOX PLASTICS CORP./TLB PLASTICS
• TUTHILL CORPORATION
• UNIROYAL GOODRICH TIRE COMPANY
• UNIVERSAL COOPERATIVE, INC.
• UNIVERSAL-RUNDLE CORP./NORTHWAY PRODUCTS
• UNIVERSITY OF NOTRE DAME
• VAN WATERS & ROGERS
• VASPAR CORPORATION
• WABASH COUNTY HOSPITAL
• WAYNE/SCOTT FETZER CO/WAYNE HOME EQUIP.
• WETVACO CORPORATION
• ZIMMER, INC.
• ERIE STONE INC.
• FEDERAL INSULATION OF INDIANA, INC.
• FEDERAL-MOGUL CORP. FOR SWITCHES, INC.
• FL AEROSPACE CORP./MIDLAND ROSS CORP.
• FMC CORP./ FIRE APPARATUS DIV
• FORD METER BOX CO., INC.
• FORT WAYNE COMMUNITY SCHOOLS
• INDIANA MICHIGAN POWER COMPANY
• …and 113 more

Statutes cited

• CERCLA 122G4 — Superfund

Timeline (3 milestones)

• 1989-03-20Complaint Filed/Proposed Order
• 1989-07-07Enforcement Action Data Entered
• 1989-10-25Enforcement Action Closed