EPA v. CARTER INDUSTRIALS/THE BUDD COMPANY

Case summary

THIS DEFENDANT IS A NON-SETTLER IN THE CARTER INDUSTRIALS MATTER(DETROIT, MI). BUDD CO. RECEIVED A SPECIAL NOTICE LETTER FOR RD/RANEGOTIATIONS, BUT DID NOT SIGN THE RD/RA CONSENT DECREE ENTERED ON06/04/93. THIS REFERRAL SEEKS TO RECOVER UNREIMBURSED PAST COSTS ANDANY FUTURE COSTS ASSOCIATED WITH THE SITE. AS BACKGROUND TO THIS REFERRAL, SPECIAL NOTICE LETTERS FOR ANOPPORTUNITY TO DO RD/RA WORK AT THE CARTER INDUSTRIALS SITE WERE SENT TO25 PRPS ON NOVEMBER 18, 1991, INCLUDING BUDD CO. IN JANUARY 1992,SEVERAL OF THE PRPS SUBMITTED A GOOD FAITH PROPOSAL AND NEGOTIATIONS ONAN RD/RA CONSENT DECREE BEGAN. U.S. EPA AND THE SETTLING DEFENDANTSREACHED AN AGREEMENT IN PRINCIPLE ON MARCH 27, 1992. A CONSENT DECREEWAS ENTERED ON JUNE 4, 1993. THE PURPOSE OF THE REFERRAL FOR A LAWSUITAGAINST THE BUDD COMPANY IS TO RECOVER THOSE COSTS THAT U.S. EPA DID NOTOBTAIN FROM THE SETTLING DEFENDANTS AND TO OBTAIN A DECLARATORYJUDGEMENT THAT U.S. EPA IS ENTITLED TO REIMBURSEMENT FOR FUTURE COSTS ATTHE CARTER SITE. BUDD IS A NON-SETTLING PARTY WHO DISPOSED OFTRNASFORMERS, HYDRAULIC EQUIPMENT, AND SCRAP METAL AT THE SITE.

Defendants (1)

• THE BUDD COMPANYNamed in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• THE BUDD COMPANYentered 1995-05-22

  Primary law: CERCLA

Timeline (6 milestones)

• 1988-01-01Enforcement Action Data Entered
• 1993-08-13Referred To Dept Of Justice
• 1994-09-01Complaint Filed With Court
• 1995-05-22Final Order Lodged
• 1995-05-22Final Order Entered
• 1995-05-22Concluded