EPA v. I. JONES RECYCLING / ACCRA PAK, INC.

Case summary

THIS PROPOSED SETTLEMENT IS A SUPPLEMENT TO A PREVIOUS DE MINIMIS SETTLEMENT IN THIS CASE WHICH WAS APPROVED BY THE DOJ ON JULY 31, 1989, AND BECAME FINAL ON OCT 25, 1989. UN- DER THE PREVIOUS SETTLEMENT, 139 COMPANIES PAID A TOTAL OF $2,172,038.24 INTO THE HAZARDOUS SUBSTANCES SUPERFUND. OF THAT TOTAL, $1,888,326.05 REPRESENTED REIMBURSEMENT FOR A PORTION OF THE AGENCY'S PAST COSTS AT THE SITE AND $283,712. 69 REPRESENTED PAYMENTS IN SETTLEMENT OF POTENTIAL PENALTY LIABILITY FACED BY PARTIES WHO HAD NOT COMPLIED WITH THE AGENCY'S JULY 27, 1988, UNILATERAL CLEANUP ORDER. DUE TO PRESENT ADVERSE FINANCIAL SITUATIONS, FOUR PARTIES WHO WERE ELIGIBLE TO PARTICIPATED IN THE INITIAL SETTLEMENT REQUESTED THAT A TOTAL OF $215,814.88, REFLECTING THEIR FINANCIAL OBLI GATION UNDER THE SETTLEMENT PROPOSAL, BE PAID IN INSTALLMENT S, WITH STATUTORY INTEREST. A. NATURE OF THE CASE THE I. JONES RECYCLING SITE IN FORT WAYNE, IN, WAS OPERA- TED AS AN INTERIM STATUS HAZARDOUS WASTE STORAGE AND RECYCL- ING FACILITY FROM 1980 UNTIL 1986. THE 4.5 ACRE SITE IN AD- JACENT TO A LARGE SHOPPING CENTER AND SEVERAL SMALL BUSINESS ES, AND IS LOCATED NEAR RESIDENTIAL AREAS. ON OCT. 14, 1986 AND SEPT. 3, 1987, USEPA ISSUED UNILATERAL CLEANUP ORDERS TO THE SITE OWNERS AND OPERATORS FOR PERFORMANCE OF THE FIRST PHASES OF THE REMOVAL ACTIVITIES NEEDED AT THE SITE. THE OWNERS AND OPERATORS REFUSED TO COMPLY WITH THE ORDERS AND USEPA PERFORMED THE INITIAL PHASES OF THE CLEANUP. THE AGENCY WAS ABLE TO IDENTIFY APPROX. 280 GENERATORS AND TRANSPORTERS OF HAZARDOUS SUBSTANCES TO THE SITE WHO WERE PO TENTIALLY RESPONSIBLE PARTIES (PRPS) UNDER SECT 107 OF CER- CLA, 42 USC SECT 9607. ON JULY 27, 1988, USEPA ISSUED A UNI LATERAL ORDER TO APPROX. 300 OWNER, OPERATOR, GENRATOR AND TRANSPORTER PRPS REQUIRING THEM TO PERFORM THE FINAL PHASES OF THE REMOVAL ACTION. ON FEB. 9, 1989, USEPA ISSUED A DRAFT DE MINIMIS SETTLE- MENT OFFER AND REQUESTED COMMENTS FROM THE PRPS. ON MARCH 20, 1989, USEPA A FINAL DE MINIMIS SETTLEMENT OFFER TO ALL ELIGIBLE PRPS. THE FINAL DEMINIMIS SETTLEMENT OFFER WAS AP- PROVED BY THE DOJ ON JULY 31, 1989, AND AFTER NOTICE AND PUB LIC COMMENT, WAS SIGNED BY THE RA ON OCTOBER 25, 1989. FOUR PRPS HAVE DEMONSTRATED FINANCIAL HARDSHIP AND WOULD LIKE TO ENTER INTO A SUPPLEMENTAL ORDER WHICH ESTABLISHES AN INSTALL MENT PLAN, WITH INTEREST. ADD'L DETAILS REGARDING THE NA- TURE OF THE CASE CAN BE FOUND IN THE I. JONES RECYCLING CASE REFERRAL DATED MAY 19, 1989.

Defendants (5)

• ACCRA PAK, INC.Named in complaintNamed in settlement
• ARCO INDUSTRIES CORP.
• DOLCO PACKAGING CORP.
• KEM KREST PRODUCTS CO., INC.
• PAR-TEE CORP.

Facilities (1)

• ALLEN COUNTY DETENTION CENTER

  3651 N CLINTON ST, FT WAYNE, IN, 46805

  Registry ID: 110000748923

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• ACCRA PAC, INC.entered 1991-06-14

  Primary law: CERCLA

  Federal penalty: $48,049

Timeline (7 milestones)

• 1987-10-19Enforcement Action Data Entered
• 1990-07-19Referred To Dept Of Justice
• 1990-07-30Complaint Filed With Court
• 1991-06-14Final Order Lodged
• 1991-06-14Final Order Entered
• 1991-06-14Concluded
• 1993-03-09Enforcement Action Closed