EPA v. THOMAS, KEN/MT RICHARDS/GROUP DECREE

Case summary

UNITED STATES V. ROBERT MCKEE, KENNETH L. THOMAS, ET AL. REGARDING THE M.T. RICHARDS, INC. SITE, WHITE COUNTY, ILLINOIS. FROM JULY 1989 - 1990, THE US EPA HAS INCURRED COSTS IN CONDUCTING A REMOVAL ACTION AT THE SITE. THE REMOVAL ACTION WAS COMPLETED ON 4/4/90,AT AN UNREIMBURSED COST, AS OF 9/30/92, OF $1,607,825.25. US EPA SEEKS REOCVERY OF THESE PAST COSTS ASSOCIATED WITH THE REMOVAL ACTIVITIES ANDA DELCARATORY JUDGMENT FOR FUTURE COSTS EXPENDED AT THE SITE. PURSUANT TO SECTION 113(G) OF CERCLA, AN ACTION FOR THE RECOVERY OFCOSTS REFERRED TO IN SECTION 107(A) OF CERCLA MUST BE BROUGHT WITHIN 3YEARS AFTER COMPLETION OF THE REMOVAL ACTION. THUS, A LAWSUIT WOULDHAVE TO BE BROUGHT NO LATER THAN 4/4/93, IN ORDER TO AVOID A STATUT OFLIMITATIONS BAR. THE LAWSUIT SHOULD BE BROUGHT AGAINST THE POTENTIALLYRESPONSIBLE PARTIES REFERRED TO IN THE REFERRAL PACKAGE. PLEASE BE AWARE THAT U.S.EPA HAS INVITED A GROUP OF APPROXIMATELY 200PRPS TO MAKE A SETTLEMENT OFFER TO THE U.S. AS OF 1/22/93, APPROX 50PRPS, ORGANIZED INTO 2 GROUPS, HAVE EXPRESSED AN INTEREST IN SETTLINGTHEIR POTENTIAL LIABILITY FOR REIMBURSEMENT OF THE AGENCY'S TOTALREMOVAL COSTS AT THE SITE. NEGOTIATIONS WITH THES 2 PRP GROUPS ISCONTINUING, ALTHOUGH NO OFFERS HAVE BEEN ACCEPTED TO DATE.

Defendants (7)

• THOMAS, KENNETH L.Named in complaintNamed in settlement
• ANACONDA ALUMINUM CO/ATLANTIC RITCHFIEDNamed in complaintNamed in settlement
• ANR PIPELINE COMPANYNamed in complaintNamed in settlement
• BLISS WASTE OIL SERVICE/RUSSELL BLISSNamed in complaint
• KENTUCKY PETROLEUM PRODUCTSNamed in complaint
• MARTIN MARIETTA CORP/COMMONWEATH ALUMIMUNamed in complaintNamed in settlement
• MCKEE, ROBERTNamed in complaint

Facilities (1)

• RICHARDS MT INC

  HWY 14 AND 1 S, CROSSVILLE, IL, 62827

  Registry ID: 110007525801

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• KEN THOMAS/MT RICHARDS - GROUP DECREEentered 1997-04-17

  Primary law: CERCLA

• KEN THOMAS (MT RICHARDS SITE)entered 1995-08-15

  Primary law: CERCLA

Timeline (6 milestones)

• 1992-09-15Enforcement Action Data Entered
• 1994-12-12Referred To Dept Of Justice
• 1995-08-01Complaint Filed With Court
• 1997-04-17Final Order Lodged
• 1997-04-17Final Order Entered
• 1997-04-17Concluded