EPA v. SUMMIT EQUIPMENT & SUPPLY

Case summary

THE COMPLAINT SEEKS TO RECOVER COSTS INCURRED BY THE U.S. EPA IN RESPONDING TO AN ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT SUMMIT EQUIPMENT & SUPPLY. U.S.EPA INCURRED THESE COSTS IN CONDUCTING A REMOVAL ACTION AT THE SITE PURSUANT TO SECTION 104 OF THE CERCLA. - THIS REFERRAL IS FOR RECOVERY OF APPROX. $588,807.14 IN PAST COSTS INCURRED BY THE U.S.EPA FORM 1987 TO PRESENT IN RE- SPONDING TO A RELEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT THE SITE. THE COSTS WERE INCURRED FOR THE PREPARTATION, PERFORMANCE AND FOLLOW-UP OF A REMOVAL ACTION FOR THE REMOVAL OF HAZARDOUS SUBSTANCES FROM THE SITE. THE REMOVAL WAS CONDUCTED FROM MARCH 10, 1987, UNTIL SEPTEMBER 29, 1987, AND THUS THE STATUTE OF LIMITATIONS RUNS ON SEPTEMBER 29, 1990. - THE SUMMIT EQUPIMENT AND SUPPLY SIT EAS A SCRAPYARD AND SALVAGE FACILITY FOR INDUSTRIAL MACHINERY AND MISC DISCARDED ITEMS. PCB CONTAINING ITEMS, INCLUDING TRANSFORMERS AND CAPACITORS, WERE GENERATED BY THE PROPOSED DEFENDANTS. (SEE DEFENDANT LIST; SCREEN 4.) - SUMMIT EQUIPMENT & SUPPLY PURCHASED THE ITEMS AT AUCTION AND TRANSPORTED THEM TO ITS AKRON FACILITY. PCB WASTES WERE RE- LEASED TO THE ENVIRONMENT DURING THE STORAGE AND PROCESSING OF THESE ITEMS AT SES. - THE SES SITE, APPROX. 6 ACRES IN SIZE, IS LOCATED NORTH OF 875 IVOR AVENUE, AKRON, OH AND 1/2 MILE SOUTH OF THE I-77/ I-277 INTERCHANGE. THE SITE IS BORDERED ON ITS NORTHERN PERIMETER BY A DRAINAGE DITCH WHICH, IN TURN, RUNS PARALLEL WITH AND IS ADJACENT TO THE AKRON/BARBERTON BELTWAY RAILROAD THE EASTERN PERIMETER OF THE SITE IS A PEAT BOG WHICH IS ALSO CONTIGUOUS WITH NEARBY NESMITH LAKE. A LIGH INDUSTRIAL COMPLEX COMPRISES THE SITE'S WESTERN BOUNDARY. RESIDENTIAL AREAS BORDER THE SITE ON IVOR AVENUE, SOUTH OF THE SITE. THE TOTAL EPA COSTS AS OF DECEMBER 31, 1989, ARE $588,807. 14 EXCLUDING PRE-JUDGEMENT INTEREST. ALL COSTS ARE SUBJECT TO VERIFICATION BY THE FINANCIAL MANAGEMENT BRANCH OF THE USEPA. EPA HAS REQUESTED DOJ TO MOVE TO AMEND COURT'S SCHEDULING ORDER SO THAT EPA PROOF OF COSTS CAN PROCEED.

Defendants (32)

• WARNER AND SWASEY COMPANY
• ARVINMERITOR, INC.Named in complaintNamed in settlement
• BRIDGESTONE/FIRESTONE NORTH AMERICAN TIRE, LLCNamed in complaintNamed in settlement
• CLARK EQUIPMENT CO.Named in complaintNamed in settlement
• CLEVELAND STEEL CONTAINER CORPORATIONNamed in complaintNamed in settlement
• CSX TRANSPORTATIONNamed in complaintNamed in settlement
• CITY OF CLEVELANDNamed in complaintNamed in settlement
• CURTISS-WRIGHT CORPORATIONNamed in complaintNamed in settlement
• MCNEIL-AKRON, INC.
• NAVISTAR INTERNATIONAL CORPORATIONNamed in complaintNamed in settlement
• NORTHSTAR COMPANY
• OWENS-ILLINOIS, INC.Named in complaintNamed in settlement
• SUMMIT EQUIPMENT, INC.Named in complaintNamed in settlement
• DAIMLERCHRYSLER CORPORATIONNamed in complaintNamed in settlement
• EATON CORPORATIONNamed in complaintNamed in settlement
• GATX CORPORATIONNamed in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• GIDDINGS & LEWIS, LLCNamed in complaintNamed in settlement
• HONEYWELL, INTERNATIONAL, INC.Named in complaintNamed in settlement
• LAFARGE NORTH AMERICA, INCNamed in complaintNamed in settlement
• LEAR SIEGLER DIVERSIFIED HOLDINGSNamed in complaintNamed in settlement
• MCNEIL & NRM, INC.Named in complaintNamed in settlement
• ROLLS-ROYCE NORTH AMERICA INC.Named in complaintNamed in settlement
• SPANG & COMPANYNamed in complaintNamed in settlement
• VIACOM, INC.Named in complaintNamed in settlement
• …and 7 more

Facilities (1)

• SUMMIT EQUIPMENT & SUPPLIES INCORPORATION

  875 IVOR AVENUE, AKRON, OH, 44314

  Registry ID: 110009342988

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• SUMMIT EQUIPMENT & SUPPLYentered 2006-03-17

  Primary law: CERCLA

• SUMMIT EQUIPMENT & SUPPLY - CONSENT DECREEentered 2008-03-31

  Primary law: CERCLA

  Federal penalty: $15,000

Timeline (6 milestones)

• 1990-03-28Referred To Dept Of Justice
• 1990-03-30Enforcement Action Data Entered
• 1990-09-24Complaint Filed With Court
• 2005-09-29Supplemental Referral-Adding parties, counts
• 2008-01-07Final Order Lodged
• 2008-03-31Final Order Entered