EPA v. I. JONES PARTNERSHIP

Case summary

THIS EXPEDIATED REFERRAL REQUESTS THAT A COMPLAINT AND A MOTION IN AID OF ACCESS BE FILED AGAINST THE OWNERS OF THE I. JONES RECYLING, COVINGTON ROAD SUPERFUND REMOVAL SITE, PURSUANT TO SECTION 104(E) OF THE CERCLA. - THE I. JONES RECYCLING, COVINGTON ROAD SITE IS LOCATED IN FORT WAYNE, INDIANA. THE USEPA HAS RECENTLY ISSUED A UNILATERAL ORDER, PURSUANT TO SECTION 106 OF CERCLA, RE- QUIRING CERTAIN POTENTIALLY RESPONSIBLE PARTIES TO PERFORM A REMOVAL ACTION AT THE I.JONES RECYCLING, COVINGTON ROAD SITE. THAT ORDER REQUIRES THE PRPS TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH AND THE EN- VIRONMENT CAUSED BY CONTAMINATED SOIL AND ABANDONED HAZAR- DOUS WASTE DRUMS. THE PRPS HAVE INDICATED THEIR WILLINGNESS TO PERFORM THE REMOVAL ACTIVITIES REQUIRED BY THE USEPA'S ORDER TO ABATE THIS EMERGENCY SITUATION AS SOON AS ACCESS TO SITE CAN BE OBTAINED. - THE SITE OWNERS, HOWEVER, HAVE REFUSED TO VOLUNTARILY PRO- VIDE ACCESS TO THE SITE TO PERMIT CLEANUP ACTIVITIES. USEPA THEREFORE, REQUESTS THAT A LAWSUIT BE FILED ON AN EXPEDITED BASIS TO COMPEL ACCESS TO THE SITE FOR IMPLEMENTATION OF THE AGENCY'S CLEANUP ORDER. USEPA ALSO REQUESTS THAT THE LAWSUIT SEEK TO RECOVER ALL APPROPRIATE COSTS AND PENALTIES FROM THE PROPERTY OWNERS FOR THEIR REFUSAL TO PROVIDE ACESS DESPITE USEPA'S BROAD ACCESS AUTHORITY UNDER SECTION 104 OF CERCLA.

Defendants (2)

• COOK,JR., FREDERICK J.Named in complaintNamed in settlement
• I.JONES PARTNERSHIPNamed in complaintNamed in settlement

Facilities (1)

• I J RECYCLING

  2601 COVINGTON RD, FT WAYNE, IN, 46809

  Registry ID: 110000613177

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• I. JONES PARTNERSHIPentered 1989-12-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-09-06Referred To Dept Of Justice
• 1989-09-18Enforcement Action Data Entered
• 1989-12-08Final Order Lodged
• 1989-12-08Complaint Filed With Court
• 1989-12-14Final Order Entered
• 1989-12-27Concluded
• 1989-12-27Enforcement Action Closed