EPA v. GCI, INC.

Case summary

THE USEPA REQUESTS THAT THE DPJ FILE A PRROF OF CLAIM IN THE BANKRUPTCY OF GCI, INC. FILING A PROOF OF CLAIM IS NECESSARY TO PRESERVE THE UNITED STATES' CLAIM AGAINST GCI RELAITING TO GCI'S STATUS AS A PRP AT THE I.JONES RECYLING SITE IN FORT WAYNE, IN. THE DEADLINE FOR FILING THIS PROOF OF CLAIM IS 10/24/91. - THE I.JONES RECYCLING, CLINTON STREET FACILITY IS LOCATED AT 3651 CLINTON STREET, FORT WAYNE, IN. I.JONES PARTNERSHIP OWNED AND OPERATED THE FACIITY FROM 8/85 UNTIL 9/9/86, AT WHICH TIME THE CITY OF FORT WAYNE OBTAINED A STATE COURT ORDER ENJOINING OPERATION OF THE FACILITY. PRIOR TO 8.85, THE FACILITY WAS OPERATED BY HANCHAR INDUSTRIAL WASTE MANAGEMENT (MAY 1979-JUNE 1982), THEN BY CHEM-RESOURCE RECOVERY, INC. (JUNE 1982-JANUARY 1983), AND FINALLY, BY CONTINENTAL WASTE SYSTEMS, INC. (CWSI) (JANUARY 1983-AUGUST 1985). - BETWEEN 1983 AND 1984, GCI IN FORT WAYNE, IN, EMPLOYED THE TRANSPORTATION, AND TREATMENT OR DISPOSAL SERVICES OF CWSI. CWSI RECEIVED FROM GCI, AND TRANSPORTED TO THE SITE, 4895 GALLONS OF WASTE METHYL ETHYL KETONE (MEK) AND 1155 GALLONS OF WASTE WATER AND SURFRACTANT OIL. THE MEK WAS MAINIFESTED AS A HAZ WASTE. THE WASTE WATER AND SRUFRACTANT OIL WERE MANIFESTED AS NON-HAZ WASTE. GCI'S INVOLVEMENT AS A GENERATOR OF HAZ SUBSTANCES, WHICH ARRANGED FOR TREATMENT OR DISPOSAL OF, AND TRANSPORATION OF SUCH HAZ SUBSTANCES TO THE SITE, MAKES IT JOINTLY AND SEVEALLY LIABLE FOR USEPA'S UNREIMBURSED RESPONSE COSTS AT THE SITE UNDER CERCLA 107(A)(3). - GCI'S TOTAL CONTRIBUTION OF 6050 GALLONS OF WASTE COMPRISES APPROX .1365% OF ALL WASTE SENT TO THE SITE, WHICH PLACES GCI AMONG THE 75 LARGEST GENERATORS OF WSTE AT THE SITE. - ON JUNE 17, 1991, GCI FILED A VOLUNTARY PETITION FOR REORGANIZATION UNDER CHAPTER 11, TITLE 11 OF THE U.S.C IN THE U.S. BANKRUPTCY COURT FOR THE NDIN. - THE U.S.EPA UNDERTOOK RESPONSE ACTIONS AT THE SITE PURSUANT TO SECTIONS 104 AND 106 OF CERCLA. THE RESPONSE COSTS WHICH HAVE BEEN INCURRED TO TDATE WER NOT INCONSISTENT WITH THE NATIONAL CONTINGENCY PLAN. SECTION 107A3 OF CERCLA, PROVIDES THAT ANY PERSON WHO ARRANGED FOR DISPOSAL, TREATMENT, OR TRANSPORTATION FOR DISPOSAL OR TREATMENT OF HAZ SUBSTANCES, AT A FACILITY FROM WHIC THERE IS A RELEASE OR THREATENED RELEASE OF HAZ SUBSTANCES IS LIABLE TO THE U.S. FOR ALL RESPONSE COSTS INCURRED BH THE USEPA AS A RESULT OF THE RELEASE OR THREATHENDE RELEASE OF HAZ SUBSTANCES. MANIFESTS AND OTHER DOCUMENTS SHOW THAT GCI GENERATED AND ARRANGED FOR THE DISPOSAL, TREATMENT, OR TRASNPORTATION OF HAZARDOUS WASTES TO THE SITE. THEREFORE, GCI IS JOINTLY AND SEVERALLY LIABLE FOR ALL OF THE APPROX $1.1 MILLION IN OUTSTANDING RESPONE COST. - USEPA REQUESTS THAT DOJ FILE A PROOF OF CLAIM NO LATER THAN10/24/91. THIS PROOF OF CLAIM WILL PRESERVE THE U.S.'S CLAIM AGAINST GCI FOR ITS JOINT AND SEVERAL LIABILITY FOR PAST RESPONSE COSTS, ALL OF WHICH WERE INCURRED BEFORE GCI FILED ITS PETITION, IS ABOUT $1.1 MILLION.

Defendants (1)

• GCI, INC. D/B/A GRIDCRAFTNamed in complaintNamed in settlement

Facilities (1)

• ALLEN COUNTY DETENTION CENTER

  3651 N CLINTON ST, FT WAYNE, IN, 46805

  Registry ID: 110000748923

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GCI, INC.entered 1993-09-15

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-03-01Enforcement Action Data Entered
• 1991-10-21Referred To Dept Of Justice
• 1991-10-24Complaint Filed With Court
• 1993-09-15Final Order Lodged
• 1993-09-15Final Order Entered
• 1993-09-15Concluded
• 1993-10-19Enforcement Action Closed