EPA v. WALERKO TOOL & ENGINEERING CORPORATION

Case summary

THE U.S.EPA CONDUCTED A REMOVAL ACTION AT THE SITE FROM 11/19/87 - 08/31/88, TO ALLEVIATE THE THREAT TO PUBLIC HEALTH POSED BY PRIVATE WELLS CONTAMINATED WITH 1,1,1 TRI- CHLOROETHANE (TCA) AND OTHER VOLATILE ORGANIC CHEMICALS. - A DEMAND FOR REIMBURSEMENT OF APPROX. $62,500 WAS SENT TO WALERKO TOOL AND ENGINEERING CORP (WTEC) ON 8/23/89. SUBSE- QUENT TO A FOLLOW-UP PHONE CALL TO WTEC, THE CORPORATION DENIED LIABILITY FOR THE COSTS INCURRED AT THE SITE. - 3 SETS OF INFORMATION REQUESTS WERE SENT TO WTEC, MR. TOM WALERKO & MR. ED. WALERKO. ALL OF THE RECIPIENTS FAILED TO RESPOND, WITHOUT CAUSE, TO THE INFORMATION REQUESTS, EXCEPT WTEC, WHOSE RESPONSE WAS RECEIVED BY U.S.EPA WELL AFTER IT WAS DUE. - THE REPORT RECOMMENDS THE FOLLOWING: 1) A COST RECOVERY ACT ION BE FILED PURSUANT TO CERCLA SECTION 107A, 42 U.S.C. SECTION 9607A, AGAINST WTEC, THE OPERATOR OF A FACILITY AT THE SITE, FOR RECOVERY OF COSTS EXPENDED BY U.S.EPA DURING THE REMOVAL ACTION, PLUS INTEREST, AND 2) A SEPARATE COUNT BE ADDED FOR FAILURE TO COMPLY WITH INFORMAITON REQUESTS ISSUED UNDER CERCLA SECTION 104(E), 42 U.S.C. SECTION 9604E INCLUDING A REQUEST FOR CIVIL PENALTIES.

Defendants (4)

• WALERKO TOOL & ENGINEERING CORPORATIONNamed in complaintNamed in settlement
• WALERKO, EDWARD F.
• WALERKO, EDWARD M.
• WALERKO, THOMAS

Facilities (1)

• WALERKO TOOL AND ENGINEERING CORP

  1935 W LUSHER AVE, ELKHART, IN, 46517

  Registry ID: 110003072246

Statutes cited

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

Enforcement conclusions (1)

• WALERKO TOOL & ENGINEERINentered 1993-11-12

  Primary law: CERCLA

  Federal penalty: $19,670

Timeline (7 milestones)

• 1990-12-01Enforcement Action Data Entered
• 1991-03-28Referred To Dept Of Justice
• 1991-08-28Complaint Filed With Court
• 1993-11-12Final Order Lodged
• 1993-11-12Final Order Entered
• 1993-11-12Concluded
• 1997-12-30Enforcement Action Closed