EPA v. AMTEL, INC./BARBER

Case summary

REFERRAL REQUESTS A COMPLAINT BE FILED AGAINST POTENTIALLY RESPONSIBLE PARTIES (PRP) AT THE HEDBLUM INDUSTRIES SITE PURSUANT TO SECTION 107A OF CERCLA. - LOCATED NEAR OSCODA, MI, THE HEDBLUM INDUSTRIES SITE WAS PLACED ON THE NPL IN 1982. THE U.S.EPA COMPLETED A REMEDIAL INVESTIGATION (RI) IN 2/89, AND A FEASIBILITY STUDY (FS) IN 5/89. A RECORD OF DECISION (ROD) WAS SIGNED FOR THIS SITE IN 9/89. ON 1/14/90, U.S.EPA ISSUED A SECTION 106 UNILATERAL ORDER TO THE CURRENT OWNER OF THE SITE, THE OWNER OF THE SITE AT THE TIME OF DISPOSAL, AND THE OPERATOR OF THE SITE AT THE TIME OF DISPOSAL. THE OPERATOR OF THE SITE AT THE TIME OF DISPOSAL HAS COMPLIED WITH THE TERMS OF THE ORDER, AND IS IN THE PROCESS OF PREPARING THE REMEDIAL DESIGN (RD) FOR THE SITE. AS OF JANUARY 29, 1991, THE U.S. EPA HAS INCURRED $1,155,534.60 IN UNREIMBURSED COSTS RE- GARDING THE SITE. - PURSUANT TO SECTION 113(G) OF CERCLA, AN ACTION FOR THE RE- COVERY OF COSTS REFERRED TO IN SECTION 107(A) OF CERCLA MUST BE COMMENCED WITHIN 3 YEARS OF COMPLETION OF THE REMOVAL ACTION. IN THIS CASE THE REMOVAL ACTION IS THE RI/FS, WHICH WAS COMPLETED IN MAY 1989. U.S.EPA IS, THEREFORE REFERRING THIS COST RECOVERY LAWSUIT AT THIS TIME SEEKING ALL OF U.SEPA'S UNREIMBURSED PAST COSTS. WE ALSO SEEK A DECLARATORY JUDGEMENT ON LIABILITY FOR ANY FUTURE COSTS EXPENDED AT THE HEDBLUM INDUSTRIES SITE.

Defendants (3)

• AMTEL, INC.Named in complaint
• BARBER, FRANKNamed in complaintNamed in settlement
• DASCO PRODUCTS COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• HEDBLUM INDUSTRIES

  1000 AU SABLE RD, OSCODA, MI, 48750

  Registry ID: 110003617239

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• AMTEL INC./BARBERentered 1996-05-02

  Primary law: CERCLA

• AMTEL/DASCO PRODUCTSentered 1997-09-25

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-01-08Enforcement Action Data Entered
• 1991-03-28Referred To Dept Of Justice
• 1991-10-21Complaint Filed With Court
• 1996-05-02Final Order Lodged
• 1997-09-25Final Order Entered
• 1998-02-17Concluded
• 1998-02-17Enforcement Action Closed