EPA v. I. JONES PARTNERSHIP, ET AL

Case summary

THIS REFERRAL REQUEST THAT A COMPLAINT BE FILED AGAINST POTENTIALLY RESPONSIBLE PARTIES AT THE I.JONES RECYCLING, CLINTON STREET SUPERFUND REMOVAL SITE, PURSUANT TO SECTIONS 106 AND 107 OF CERCLA. - THE I.JONES RECYLCING, CLINTON STREET SITE IS LOCATED IN FORT WAYNE, INDIANA. THE U.S.EPA INTIATED A MULTI-PHASE REMOVAL ACTION AT THIS SITE IN NOVEMBER, 1986, COMPLETED REMOVAL ACTIVITIES AT THIS NON-NPL SITE IN NOVEMBER, 1988, AND COMPLETED OVERSIGHT OF REMOVAL ACTIVITIES AT THE SITE PERFORMED BY POTENTIALLY RESPONSIBLE PARTIES IN AUGUST, 1989 U.S.EPA HAS EXPENDED MORE THAT $3 MILLION AT THE I.JONES SITE. THROUGH A DE MINIMIS SETTLEMENT, U.S.EPA RECOVERED $1,888,326.05 IN REIMBURSEMENT OF THOSE COSTS. THIS COST RECOVERY REFERRAL SEEKS TO RECOVER THE REMAINING UNREIM- BURSED COSTS OF APPROXIMATELY $1.4 MILLION FROM THOSE PARTIES WHO HAVE NEITHER PARTICIPATED IN THE PRP-CONDUCTED REMOVAL ACTIVITIES NOR ENTERED INTO THE DE MINIMIS SETTLE- MENT IN THIS CASE. - THIS REFERRAL ALSO SEEKS TO RECOVER STATUTORY PENALTIES FROM THESE PARTIES, BASED ON THEIR REFUSAL TO COMPLY WITH THE AGENCY'S JULY 27, 1988 UNILATERAL ORDER REQUIRING THAT THE PRP-CONDUCTED REMOVAL BE PERFORMED. IN ADDITION, THIS REFER RAL SEEKS THE AWARD OF TREBLE DAMAGES AGAINST THE SITE OWNER OPERATORS WHO REFUSED TO COMPLY WITH TWO EARLIER UNILATERAL REMOVAL ORDERS, THEREBY REQUIRING THE AGENCY TO UNDERTAKE THE FIRST PHASES OF THE REMOVAL. - BY SEEKING STATUTORY PENALTIES AND TREBLE DAMAGES AGAINST NON-COMPLIERS, THIS REFERRAL FURTHERS THE AGENCY'S ENFORCE- MENT POLICY OF PRESERVING AND STRENTHENING PRP INCENTIVES TO COMPLY WITH U.S. EPA'S CLEANUP ORDERS. THIS REFERRAL ALSO SEEKS TO RECOVER ALL REMAINING UNREIMBURSED COSTS OF THE U.S. AT THE I.JONES, THEREBY REPLENISHING THE SUPERFUND.

Defendants (31)

• AGWAY CORPORATION
• AQUA TECH, INC.Named in complaintNamed in settlement
• ATLAS CHEM-MILLING CORPORATION
• CANFLOW INTERNATIONAL
• COLISEUM REALTY COMPANY, INC.
• CONTAINER CORPORATION OF AMERICA
• COOK, FREDERICK J., JR.Named in complaintNamed in settlement
• DAYTON WALTHER CORPORATION
• FORT WAYNE CLUTCH INC.
• GCI INC.
• GLEAVE CONSTRUCTION COMPANY
• HANCHAR, THOMAS J.Named in complaintNamed in settlement
• I.JONES PARTNERHIPNamed in complaintNamed in settlement
• INDIANA AIR NATIONAL GUARD
• INTERDYNE CORPORATION
• IVO ZOSONamed in complaintNamed in settlement
• J&S LIQUID WASTE SERVICE INC.
• LAFARGE CORPORATION
• LYON METAL PRODUCTS, INC.
• MC COY BOLT WORKS INC.
• MECHANICS LAUNDRY & SUPPLY INC. OF IN
• MIDWEST STEEL & ALLOY CORPORATION
• OMNISOURCE CORPORATION
• OPCON INC.
• OWENS-CORNING FIBERGLASS CORPORATION
• …and 6 more

Facilities (1)

• ALLEN COUNTY DETENTION CENTER

  3651 N CLINTON ST, FT WAYNE, IN, 46805

  Registry ID: 110000748923

Statutes cited

• CERCLA 106B — Superfund
• CERCLA 107C3 — Treble Damages
• CERCLA 107 — Superfund

Enforcement conclusions (2)

• ZOSO PARTNERS/I. JONESentered 1993-08-26

  Primary law: CERCLA

• I. JONES PARTNERSHIP, ETentered 1991-08-26

  Primary law: CERCLA

  Federal penalty: $9,663,884

Timeline (9 milestones)

• 1989-02-22Enforcement Action Data Entered
• 1990-01-03Referred To Dept Of Justice
• 1990-07-30Returned To Region
• 1990-09-26Rereferred
• 1991-03-26Complaint Filed With Court
• 1993-08-26Final Order Lodged
• 1993-08-26Final Order Entered
• 1993-08-26Concluded
• 1994-02-16Enforcement Action Closed