EPA v. IMPACT STAMPING SITE

Case summary

ON AUGUST 24, 1993, THE DIRECTOR OF THE WASTE MANAGEMENT DIVISION, U.S. EPA REGION 5, EXECUTED A REMOVAL ADMINISTRATIVE ORDER BY CONSENT ( AOC ) PURSUANT TO WHICH THE WICKES MANUFACTURING COMPANY ( WICKES ) WILL REIMBURSE U.S. EPA FOR ALL OF ITS PAST RESPONSE COSTS AND UNDERTAKE REMOVAL ACTIVITIES AT THE IMPACT STAMPING SITE ( THE SITE ) IN ACCORDANCE WITH U.S. EPA 'S ACTION MEMORANDUM. ALSO, THE DIRECTOR ISSUED A REMOVAL UNILATERAL ADMINISTRATIVE ORDER ( UAO ) REQUIRING OTHER POTENTAILLY RESPONSIBLE PARTIES ( PRPS ) ASSOCIATED WITH THE SITE TO PARTICIPATE IN THE CLEANUP OF THE SITE CONSISTENT WITH THE ACTION MEMORANDUM AND THE AOC. IN SHORT, UNDER THE TERMS OF THE AOC, WICKES WOULD REIMBURSE U.S. EPA FOR ALL OF ITS PAST RESPONSE COSTS AND UNDERTAKE REMOVAL ACTIVITIES AT THE SITE IN ACCORDANCE WITH US. EPA'S ACTION MEMORANDUM. PURSUANT TO THE UAO, U.S. EPA WOULD ORDER OTHER FINANCIALLY VIABLE PRPS WHO HAVE RECEIVED GENERAL NOTICE LETTERS BUT WHO HAVE REFUSED TO COOPERATE VOLUNTARILY IN REMOVAL ACTIVITIES AT THE SITE TO PARTICIPATE IN THE CLEANUP OF THE SITE CONSISTENT WITH THE ACTION MEMORANDUM AND THE AOC. TWO OF THE PROPOSED UAO RECIPIENTS ARE CURRENTLY RESIDENTS OF CANADA, HOWEVER U.S. EPA REGION 5 HAS RECEIVED CLEARANCE FROM U.S. EPA'S OFFICE OF INTERNATIONAL ACTIVITIES AND THE U.S. STATE DEPARTMENT TO ISSUE THE UAO TO THE CANADIANS. THE RELEVANT OWNERSHIP AND OPERATION OF THE SITE MAY BE BRIEFLY SUMMARIZED AS FOLLOWS. THE SITE IS LOCATED AT 5511 TELEGRAPH ROAD, TOLEDO, LUCAS COUNTY, OHIO AND IS SITUATED IN A MIXED COMMERICAL AND RESIDENTIAL AREA. FOR APPROXIMATELY 40 YEARS AND UNTIL APPROXIMATELY AUGUST, 1991, METAL STAMPING OPERATIONS WERE CONDUCTED AT THE SITE. FROM 1972 UNTIL APPROXIMATELY DECEMBER 5, 1980. THE SITE WAS OWNED AND OPERATED BY THE GULF & WESTERN MANUFACTURING COMPANY AND ITES PREDECESSORS. AT THAT TIME, THE GULF & WESTERN MANUFACTURING COMPANY WAS A WHOLLY OWNED SUBSIDIARY OF GULF & WESTERN, INC. ON DECEMBER 5, 1980, THE GULF & WESTERN MANUFACTURING COMPANY CONVEYED OWNERSHIP OF THE SITE TO BINGHAMN INVESTORS, AN OHIO GENERAL PARTNERSHIP CONSISTING OF TWO INDIVIDAULS: LAWRENCE RASKIN AND STEPHEB PESKOFF. ( IN SEPTEMBER, 1985, THE GULF & WESTERN MANUFACTURING COMPANY WAS SOLD BY ITS OWNER, GULF & WESTERN, INC. - NOW PARAMOUNT COMMUNICATIONS, INC. - TO WICKES COMPANIES, INC. AND THE NAME OF THE GULF MANUFACTURING COMPANY.) AND, FROM DECEMBER 5, 1980 UNTIL APPROXIMATELY 1986, BINGHAM MANUFACTURING, INC. (AN OHIO CORPORATION WHICH FILED FOR BANKRUPTCY IN ABOUAT 1986 AND WHICH IS NO LONGER IN EXISTENCE ) CONDUCTED METAL STAMPING OPERATIONS AT THE SITE. ON JULY 30, 1987, BINGHAM INVESTORS CONVEYED THE SITE TO J.G. T. PROPERTIES, INC. (AN OHIO CORPORATION NO LONGER IN GOOD STANDING WHOSE PRESIDENTS WERE JOHN G. TRICSLI AND LATER LEO MEYER). IT IS NOTED THAT A COPY OF AN ENVIRONMENTAL SITE ASSESSMENT PROPOSAL WHICH WAS PREPARED IN CONNECTION WITH THE AFOREMENTIONED CONVEYANCE OF THE SITE DOCUMENTED THE PRESENCE OF DISCARDED DRUMS, UNDERGROUND STORAGE TANKS, AND STAMPING PITS CONTAINING RESIDUAL OILS. FROM JULY 30, 1987 UNTIL MID-1991, IMPACT STAMPING, INC. (FORMERLY J.G.T. STAMPING , A DELAWARE CLOSE CORPORATION WITH ITS PRINCIPAL OFFICE IN TOLEDO, OHIO, OF WHICH JOHN G. TRICSLI WAS THE SOLE DIRECTOR, PRESIDENT, SECRETARY AND TREASURER AND , LATER, OF WHICH LEO MEYER WAS THE PRESIDENT, AND WHICH IS NO LONGER IN GOOD STANDING) CONDUCTED METAL STAMPING OPERATIONS AT THE SITE. THE SITE WAS ABANDONED IN MID-1991. ON OCTOBER 27, 1992, U.S. EPA ISSUED AN ACTION MEMORANDUM WHICH DOCUMENTED, INTER ALIA, THE FOLLOWING: (1) THE PRESENCE OF APPOXIMATELY 50 DET

Defendants (1)

• IMPACT STAMPING SITENamed in complaint

Facilities (1)

• IMPACT STAMPING SITE

  5511 TELEGRAPH RD, TOLEDO, OH, 43612

  Registry ID: 110009305108

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (4 milestones)

• 1993-08-24Complaint Filed/Proposed Order
• 1993-08-24Final Order Issued
• 1993-10-22Enforcement Action Data Entered
• 1997-08-12Enforcement Action Closed