EPA v. VULCAN-CINCINNATI ADJACENT WENTWORTH PROPERTY

Case summary

AFTER VULCAN CINCINNATI AGREED TO PERFORM A REMOVAL AT THE SITE UNDER ACONSENT ORDER DATED JULY 31, 1990, EPA DETERMINED THAT ADJACENT PROPERTYALSO NEEDED RESPONSE ACTION. THE OWNER OF THAT ADJACENT PROPERTY WAST.O. WENTWORTH AND HIS WIFE. MR. WENTWORTH WAS FORMER OWNER ANDPRESIDENT OF OLD VULCAN-CICINNATI, INC., WHOSE ASSETS WERE PURCHASED BYNEW VULCAN IN 1975. MR. WENTWORTH, HOWEVER, RETAINED OWNERSHIP OF THELAND UNTIL ITS SALE TO NEW AFTER LITIGATION, IN 1987. NEW VULCAN DISCLAIMED ANY RESPONSIBILITY FOR DUMPING ONTO MR.WENTWORTH'S ADJACENT PROPERTY. MR. WENTWORTH ALSO DISCLAIMED ANYKNOWLEDGE OF THE DISPOSAL ON HIS PROPERTY. ALSO, WENTWORTH'S INDICATEDTHEY DID NOT HAVE THE RESOURCES TO COMPLY. THE FUND, THEREFORE, WENT AHEAD WITH THE CLEANUP OF THE ADJACENTPROPERTY.

Defendants (3)

• SHIRLEY M. WENTWORTH
• THEODORE O. WENTWORTH
• VULCAN CINCINNATI, INC

Facilities (1)

• VULCAN CINCINNATI INC

  CO RD 629, NORTHPORT, MI, 49670

  Registry ID: 110008443229

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (2 milestones)

• 1990-12-14Final Order Issued
• 1993-07-19Enforcement Action Data Entered