EPA v. BROWN, HERMAN

Case summary

HERMAN BROWN WAS AN OWNER AND OEPRATOR OF THE H.BROWN CO., A RECALAMTION FACILITY FOR NONFERROUS METALS. THE VALUE OF THE H.BROWN ESTATE IS UNKNOWN, BECAUSE AN INVENTORY OF THE ESTATE HAS NOT BEEN TAKEN. NEVERTHELESS, IT IS IMPORTANT THAT THIS CLAIM BE FILED AS QUICKLY AS POSSIBLE, BEFORE ANY DISTRIBUTION OF ASSETS IS ALLOWED. ADDITIONALLY, THE FINAL SITE FOR PRESENTING CLAIMS IS AUGUST 12, 1989. - HERMAN BROWN OWNS AND OPERATES A RECLAMATION FACILITY FOR NONFERROUS METALS AT 2200 TURNER AVE. N.W., IN GRAND RAPIDS, MI. THE FACILITY COMPRISES APPROX 3.5 ACRES IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 12 WEST. - PRIOR TO 1961, THE SITE WAS OPERATED AS A DUMP. BETWEEN 1961 AND 1982, THE H.BROWN COMPANY RECLAIMED LEAD FROM WET- CELL BATTERIES. FROM 1961 TO 1978, BATTERY ACID, BELIEVED TO BE CONTAMINATED WITH HEAVY METALS, WAS POURED DIRECTLY ON THE GROUND SURFACE OF AN AREA MEASURING APPROX. 25 BY 50 FT. THE TOTAL VOLUME OF BATTERY ACID SPILLED IN THIS AREA IS ESTIMATED AT 170,000 TO 460,000 GALS. THE SITE CEASED ACTIVE RECLAIMING, INCLUDING SHREDDING OF BATTERIES IN 1981 OR 1982, AND CURRENTLY STORES BATTERIES AND OTHER METAL, SELLING BATTERIES AND NONFERROUS SCRAP METALS TO RECYCLERS FOR OFF-SITE RECOVERY. - IN THE 1980'S, THE USEPA BECAME INVOLVED WITH THE H.BROWN SITE. THE H.BROWN SITE WAS INSPECTED IN 1984, AS A POTENT- IAL HAZARDOUS WASTE SITE BY EPA CONTRACTORS. BASED ON RESULTS OF USEPA AND THE MICHIGAN DEPT. OF NATURAL RESOURCES INVESTIGATIONS OF POPULATIONS AT RISK, THE POTENTIAL OF HAZARDOUS SUBSTANCES BEING SUPPLIES AND THE DESTRUCTION OF A SENSITIVE ECOSYSTEM, THE SITE RECEIVED A HAZARDOUS RANKING SCORE OF 39.88. SUBSEQUENTLY, THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST ON MARCH 29, 1985. - ON AUGUST 29, 1978, THE WATER QUALITY DIVISION, MDNR COLLECTED SAMPLES FROM POND WASTEWATER AT THE FACILITY. THE SAMPLES INDICATED THE PRESENCE OF THE FOLLOWING HAZARDOUS SUBSTANCES: CHROMIUM, COPPER, NICKEL, AND LEAD. AN RI/FS FOR THE H.BROWN SITE IS BEING CONDUCTED IN A PHASED APPROACH TO DATE, THE USEPA HAS SPENT $257,121.38 ON THE H.BROWN SITE - CAUSE OF ACTION - HERMAN BROWN DIED ON MARCH 20, 1989. MR. BROWN'S ESTATE HAS BEEN FILED IN THE KENT COUNTY PROBATE COURT, GRAND RAPIDS, MI. THE FILE NUMBER IS 89-148, 172 IE. TO DATE, THE KENT COUNTY PROBATE COURT HAS NO RECORD OF AN INVENTORY ON THE ESTATE; THEREFORE, THE VALUE OF THE ESTATE IS UNKNOWN. - SECTION 107A OF CERCLA, 42 U.S.C. SECTION 9601 ET SEQ., PRO- VIDES THAT THE OWNER OF A HAZARDOUS WASTE FACILITY IS LIABLE FOR ALL COSTS INCURRED BY THE U.S. GOVERNMENT NOT INCONSIS- TENT WITH THE NATIONAL CONTINGENCY PLAN. WE KNOW THAT MR. BROWN IS AN OWNER AND OPERATOR OF THE H.BROWN SITE, BECAUSE THE H.BROWN SITE IS OWNED BY BROWN PROPERTY, INC. HERMAN BROWN WAS AN OWNER AND THE PRESIDENT OF THAT COMPANY. - THE PROCEDURES FOR FILING A PROBATE CLAIM IN MICHIGAN ARE FOUND IN MICHIGAN SUPREME COURT RULE 5.706. RULE 5.706 STATES THAT THE FIDUCIARY IS RESPONSIBLE FOR PUBLISHING NOTICE REGARDING PRESENTMENT AND TIME FOR FIING A CLAIM AGINST AN ESTATE. IF A PROBATE CLAIM IS NOT FILED WITHIN THE PRESCRIBED TIME PERIOD A CLAIMANT HAS AN ADDITIONAL 18 MONTHS TO FILE A TARDY CLAIM UNDER SECTION 700.732 OF THE MICHIGAN PROBATE CODE. THE FIST BAR DATE FOR THE FILING OF A TIMELY CLAIM AGAINST MR. BROWN'S ESTATE IS BELIEVED TO BE AUGUST 12, 1989.

Defendants (1)

• BROWN, HERMANNamed in complaint

Facilities (1)

• BROWN H CO INC

  2200 TURNER AVE NW, GRAND RAPIDS, MI, 49504

  Registry ID: 110003587985

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-08-10Enforcement Action Data Entered
• 1989-08-10Referred To Dept Of Justice
• 1992-12-04Final Order Lodged
• 1992-12-04Final Order Entered
• 1992-12-04Complaint Filed With Court
• 1993-09-10Concluded
• 1993-09-10Enforcement Action Closed