EPA v. AUTO ION CHEMICALS, INC.

Case summary

LOCATED IN KALAMAZOO, MI, THE AUTO ION CHEMICALS, INC. FACILITY HAS CONTAMINATED SOIL AND GROUNDWATER. IN 1983, THE U.S.EPA BEGAN RESPONSE ACTIONS DESIGNED TO ADDRESS THE IMMEDIATE THREAT TO HUMAN HEALTH AND ENVIRONMENT PRESENTED AT THE FACILITY. ACTIONS TAKEN INCLUDED OVERSIGHT OF REMOV- AL ACTIVITIES BY THE PRPS. AS OF 2/28/91, U.S.EPA HAD INCURRED $365,130.18 IN UNREIMBURSED COSTS. - PURSUANT TO SECTION 113G OF CERCLA, 42 U.S.C. SECTION 9613G, AN ACTION FOR THE RECOVERY OF COSTS REFERRED TO IN SECTION 107A OF CERCLA MUST BE COMMENCED WITHIN 3 YEARS AFTER THE COMPLETION OF A REMOVAL ACTION. THE RECORD OF DECISION FOR OPERABLE UNIT ONE WAS SIGNED BY THE RA ON 9/27/89, COMPLET- ING THE REMOVAL ACTIVITIES. U.S.EPA IS THEREFORE REFERRING THIS COST RECOVERY FOR A TIMELY FILING. A CONSENT DECREE WAS LODGED FOR OPERABLE UNIT 1 ON 8/28/90. THE CONSENT DECREE COVERS THE FINANCING OF REMEDIAL DESIGN/REMEDIAL AC- TION AND FUTURE OVERSIGHT COSTS FOR THE FIRST OPERABLE UNIT. IT DID NOT COVER PAST COSTS. WE PROPOSE THAT UNREIMBURSED COSTS. WE ALSO SEEK A DECLARATORY JUDGMENT ON LIABILITY FOR ANY FUTURE COSTS EXPENDED AT THE AUTO ION FACILITY.

Defendants (90)

• PPG INDUSTRIES, INC.Named in complaintNamed in settlement
• CONSUMERS POWER CO.Named in complaintNamed in settlement
• CONTINENTAL DIE CASTING COMPANYNamed in complaintNamed in settlement
• CORNING INC.Named in complaintNamed in settlement
• COSCO, INC.Named in complaintNamed in settlement
• DAYTON WALTHERNamed in complaintNamed in settlement
• DETREX CHEMICAL INDUSTRIESNamed in complaintNamed in settlement
• DOCK FOUNDRY COMPANY, INC.Named in complaintNamed in settlement
• DOVER CORP. A/K/A GARWOODNamed in complaintNamed in settlement
• DOW CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• DU WEL PRODUCTS, INC.Named in complaintNamed in settlement
• ELF ATOCHEM NORTH AMERICA, INC.Named in complaintNamed in settlement
• ENTHONE-OMI, INC.Named in complaintNamed in settlement
• ERICSSON, INC.Named in complaintNamed in settlement
• ESSEX WIRENamed in complaintNamed in settlement
• FKI INDUSTRIES, INC.Named in complaintNamed in settlement
• GENERAL ELECTRIC CO.Named in complaintNamed in settlement
• GENERAL MOTORS CORP.Named in complaintNamed in settlement
• GILBERT PLATING & BUMPER EXCHANGE, INC.Named in complaintNamed in settlement
• H.B. SHERMAN MANUFACTURINGNamed in complaintNamed in settlement
• HAAS CORPORATIONNamed in complaintNamed in settlement
• HARMAN AUTOMOTIVE, INC.Named in complaintNamed in settlement
• HASTINGS MANUFACTURING CO.Named in complaintNamed in settlement
• HOMELITE DIVISION/TEXTRON, INC.Named in complaintNamed in settlement
• HOWARD PLATING INDUSTRIES, INC.Named in complaintNamed in settlement
• …and 65 more

Facilities (1)

• AUTO ION CHEMICALS INCORPORATED

  74 MILLS STREET, KALAMAZOO, MI, 49001

  Registry ID: 110003617220

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AUTO ION CHEMCALS, INC.entered 1992-04-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-03-26Referred To Dept Of Justice
• 1991-03-29Enforcement Action Data Entered
• 1991-11-18Final Order Lodged
• 1991-11-18Complaint Filed With Court
• 1992-04-07Final Order Entered
• 1992-04-07Concluded
• 1994-08-03Enforcement Action Closed