EPA v. TAYLOR, MAURICE M. SR.

Case summary

THE INT'L DISC CORP. SITE OCCUPIES APPROX. 27 ACRES ALONG THE NW PART OF ELLSWORTH LAKE IN ELLSWORTH, ANTRIM COUNTY, MI. FROM THE LATE 1950'S TO THE MID-1980'S, THE SITE WAS USED FOR MANUFACTURING A VARIETY OF PRODUCTS RANGING FROM FARM DISCS TO 105 MM PROJECTILES THAT REQUIRED THE USED OF HAZARDOUS MATERIALS. OPERATIONS INCLUDED METAL PLATING, PAINTING, AND METAL HEAT-TREATING. THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR) CON- DUCTED A SITE INSPECTION IN NOVEMBER 1985. THE MDNR FOUND ELEVATED LEVELS OF HEAVY METALS IN SOILS AND SEDIMENTS AND DISCOVERED IGNITABLE, CORROSIVE AND TOXIC MATERIALS STORED ON THE PREMISED, INCLUDING IMPROPERLY STORED CYANIDES AND ACIDS. IN MARCH 1986, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) CONDUCTED PHASE I OF A REMOVAL ACTION TO STABILIZE CONDITIONS AT THE SITE. AFTER THE SITE WAS STA- BILIZED, THE PRP'S WERE GIVEN AN OPPORTUNITY TO COMPLETE THE CLEAN-UP ACTIVITIES, BUT THEIR EFFORTS WERE INADEQUATE, IN- EFFECTIVE, AND NOT TIMELY. IN APRIL 1987, U.S. EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER UNDER CERCLA SECTION 106 TO COMPLETE SITE CLEAN-UP. RESPONDENTS DID NOT COMPLY WITH THE ORDER. ON JULY 21, 1987, U.S. EPA INITIATED PHASE II OF THE RE- MOVAL ACTION. THE REMOVAL WAS COMPLETED ON OCTOBER 10, 1987 U.S. EPA'S UNRECOVERED COSTS TOTALLED $588,236.31 THROUGH MARCH 31, 1990. U.S. EPA ISSUED INFORMATION REQUESTS IN APRIL 1990, TO ARTHUR RIEBEL AND ELLSWORTH SENIOR CITIZENS HOUSING COMMIS- SION, INC. RESPONDENTS' RESPONSE TO THE INFORMATION REQUEST AND TO A FOLLOW-UP LETTER WERE INADEQUATE. PROPOSED RELIEF: U.S. EPA SEEKS (I) RECOVERY OF COSTS INCURRED FOR REMOVAL ACTION, (II) IMPOSITION OF PUNITIVE DAMAGES FOR FAILURE TO RESPOND WITHOUT SUFFICIENT CAUSE, TO 106 ORDER, AND (III) INJUNCTION TO RESPOND TO INFORMATION REQUEST WITH PENALTIES OF $25,000 PER DAY OF NON-COMPLIANCE.

Defendants (13)

• 418922 ONTARIO, LIMITEDNamed in complaintNamed in settlement
• DISC AMD COULTER STAMPING CORP.
• DISCO MFG., INC.
• ELLSWORTH TDS, INC.Named in complaintNamed in settlement
• LABADIE, DENNIS R.
• MORWELD STEEL PRODUCTS CORP.
• REIBEL, ARTHUR C.Named in complaintNamed in settlement
• RUNNYMEDE DEVELOPMENT CORP.
• TAYLOR, BRENT C.Named in complaintNamed in settlement
• TAYLOR, FREDERICK B.Named in complaintNamed in settlement
• TAYLOR, MADELINE R.Named in complaintNamed in settlement
• TAYLOR, MAURICE JR.Named in complaintNamed in settlement
• TAYLOR, MAURICE SR.Named in complaintNamed in settlement

Facilities (1)

• INTERNATIONAL DISC CORPORATION

  9168 LAKE STREET, ELLSWORTH, MI, 49729

  Registry ID: 110009292185

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery
• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• MAURICE M. ST. TAYLORentered 1995-03-09

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-06-17Enforcement Action Data Entered
• 1990-06-29Referred To Dept Of Justice
• 1990-10-09Complaint Filed With Court
• 1995-03-09Final Order Lodged
• 1995-03-09Final Order Entered
• 1995-03-09Concluded
• 1995-03-09Enforcement Action Closed