EPA v. MOBILE TANK CAR SERVICES, INC.

Case summary

FILING PROOF OF CLAIM AND APPEARANCE IN THE CONSOLIDATED CHAPTER 11 BANKRUPTCY PROCEEDINGS OF MOBILE TANK CAR SERVICES, INC. AN UNINCORPORATED ASSOCIATION FOR PROFIT, AND ITS PARENT, MOBILE COMPANIES, INC., A KENTUCKY CORPORATION. PURSUANT TO A RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) ADMINISTRATIVE CONSENT AGREEMENT AND FINAL ORDER (CAFO), MTCS AND MOBILE COMPANIES, INC. OWE THE USEPA AN AGREED PENALTY OF $60,000. - ADDITIONALLY, EPA HAS EXPENDED AT LEASET $24,000 IN TRUST FUND MONIES UNDER CERCLA, TO PERFORM A SITE ASSESSMENT AND OVERSIGHT ACTIVITIES AT MTCS' FORMER RAILROAD TANK CAR WASH- ING SITE IN CLEVELAND, OH. - THE MOBILE TANK CAR SERVICES (MTCS) FACILITY IS LOCATED AT 3610 SOUTH BROOKSIDE PARK DRIVE, CLEVELAND, OHIO, IN CUYAHOGA COUNTY. THE MTCS FACILITY FORMERLY OPERATED AS A RAILROAD TANK CAR WASHING AND FLUSHING FACILITY. SITE OPERATIONS RESULTED IN THE GENERATION OF OVER 1,500,000 GALLONS OF WASTEWATERS, SOME OF WHICH CONTAINED HAZ SUBSTANCES. - USEPA PERFORMED A PRP-LEAD CERCLA STABILIZATION ACTION AT THE CLEVELAND SITE IN MAY 1988, ISSUED A CERCLA ADMINISTRATIVE ORDER TO MCI, MTCS-C, AND OTHER PRPS ON 1/24/90, AND ISSUED A SECTION ORDER IN 1/92. COSTS INCURRED TO DATE, INCLUDING OVERSIGHT AND OTHER SITE-RELATED COSTS, ARE APPROX. $160,000. FURTHER RESONSE COSTS (OVERSIGHT) WILL INCURRED FOR THE SITE. - MOBILE COS., INC. (MCI) AND MOBILE TANK CAR SERVICES, INC. FILED A BANKRUPTCY PROCEEDING IN 3/1989. MTCS IS ACTUALLY 2 DIFFERENT ENTITIES, MTCS OF LOUISVILLE, AND MTCS OF CLEVELAND. REGION V HAS CLAIMS AGAINST MTCS-C PURSUANT TO AN 4/8/88, RCRA CONSENT AGREEMENT AND PURSUANT TO CERCLA FOR INCURRENCE OF RESPONSE COSTS. - PURSUANT TO THE RECRA AGREEMENT, MTCS-C, ALONE, AGREED TO PAY CIVIL PENALTY OF $60,000. MTCS-C AND MCI AGREED TO IMPLEMENT AND EXECUTE AN APPROVED CLOSURE PLAN, AT AN ESTIMATED COST OF APPROX. $50,000. COMPLIANCE HAD NOT BEEN OBTAINED ON EITHER OBLIGATION. - BASED ON THESE FIGURES, USEPA CLAIMS TO DATE TOTAL AT LEAST $120,000.

Defendants (2)

• MOBILE COMPANIESNamed in complaintNamed in settlement
• MOBILE TANK CAR SERVICES, INC.Named in complaintNamed in settlement

Facilities (1)

• MOBILE TANK CAR SERV

  3610 BROOKSIDE PARK DR, CLEVELAND, OH, 44109

  Registry ID: 110000701447

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MOBILE TANK CAR SERVICESentered 1992-07-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-09-01Enforcement Action Data Entered
• 1989-09-22Referred To Dept Of Justice
• 1989-11-01Complaint Filed With Court
• 1992-07-14Final Order Lodged
• 1992-07-14Final Order Entered
• 1992-07-14Concluded
• 1994-01-26Enforcement Action Closed