EPA v. MIDWEST UNITED INDUSTRIES, INC.

Case summary

THIS IS A REFERRAL FOR A MATTER INVOLVING THE MIDWEST UNITED INDUSTRIES, INC. SITE IN GREENVILLE, OH. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) SEEKS THE FILING OF AN ACTION IN THE FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO TO RECOVER COSTS OF $46,544.31 ASSOCIATED WITH A REMOVAL ACTION CONDUCTED FROM DECEMBER 1,1988 UNTIL OCTOBER 23, 1990, AT THE MIDWEST UNITED INDUSTRIES, INC. SUPERFUND SITE IN GREENVILLE, OHIO. U.S. EPA INVESTIGATED THE SITE AND OVERSAW WORK CONDUCTED BY POTENTIALLY RESPONSIBLE PARTIES AT THIS SITE. THE MIDWEST UNITED INDUSTRIES SITE IS LOCATED AT 945 SATER STREET IN GREENVILLE, DARKE COUNTY, OHIO. IT IS LOCATED IN A PREDOMINANTLY INDUSTRIAL/COMMERCIAL AREA BUT BORDERS A DAY-CARE CENTER. ARTHUR DEARING, THE PRESIDENT OF MIDWEST UNITED INDUSTRIES (MUI), IS A FORMER OWNER OF THE PROPERTY. THE CURRENT OWNER IS MUI. MR. DEARING AND MUI LEASED THE PROPERTY TO EX-CELLO-O (XLO) FROM 1956 UNTIL 1978. THE PROPERTY WAS THEN LEASED TO KITCHEN-AID, INC., FROM 1956 UNTIL 1987. KITCHEN-AID, INTERESTED IN PURCHASING THE PROPERTY, SPONSORED AN ENVIRONMENTAL ASSESSMENT IN 1986 WHICH REVEALED PCB CONTAMINATION IN THE FIELD BEHIND THE BUILDING. MR. DEARING BELIEVES THE CONTAMINATION OCCURRED IN THE 1950'S AND 60'S WHEN XLO DUMPED GRINDINGS IN AN OIL-BASED COOLAND ON THE FIELD. INFORMATION PROVIDED BY THE OHIO ENVIRONMENTAL PROTECTION AGENCY INDICATES THAT THE OTHER WASTES WERE DISPOSED OF ON THE GRAVEL ROAD AND IN THE YARD BEHIND THE BUILDING. A UNILATERAL ORDER WAS ISSUED ON SEPTEMBER 23, 1988, TO MUI AND TEXTRON, INC., WHICH HAD PURCHASED XLO. THE PARTIES CONDUCTED THE REMOVAL PURSUANT TO THE CERCLA SECTION 106 UNILATERAL ORDER. U.S. EPA SEEKS TO RECOVER ITS COSTS FROM TEXTRON, INC., ARTHUR DEARING, AND MIDWEST UNITED INDUSTRIES. AS THE REMOVAL ACTION WAS COMPLETED ON OCTOBER 23, 1990, THE STATUTE OF LIMITATIONS MAY RUN OCTOBER 23, 1993. BECAUSE OF THE STATUTE OF LIMITATIONS CONCERN, NOTICE PURSUANT TO EXECUTIVE ORDER NO. 12778 SHOULD NOT BE REQUIRED CONSISTENT WITH EXEMPTION 5. DEMAND LETTERS WERE ISSUED ON OCTOBER 6, 1993. IF THE PARTIES SIGN TOLLING AGREEMENTS, U.S. EPA WILL ATTEMPT TO NEGOTIATE A SETTLEMENT. OUR RECOMMENDATION IS THAT THE GOVERNMENT FILE AN ACTION TO RECOVER COSTS BY OCTOBER 23, 1993, UNLESS A TOLLING AGREEMENT IS EXECUTED.

Defendants (3)

• ARTHUR DEARING
• MIDWEST UNITED INDUSTRIES, INC.Named in complaintNamed in settlement
• TEXTRON, INC.Named in complaintNamed in settlement

Facilities (1)

• MIDWEST UNITED INDUSTRIES

  945 E SATER ST, GREENVILLE, OH, 45331

  Registry ID: 110004637750

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• TEXTRON INC.entered 1994-06-21

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-09-01Enforcement Action Data Entered
• 1993-10-21Referred To Dept Of Justice
• 1994-06-16Complaint Filed With Court
• 1994-06-21Final Order Lodged
• 1994-06-21Final Order Entered
• 1994-06-21Concluded
• 1997-09-26Enforcement Action Closed