EPA v. ERIE COATINGS & CHEMICALS

Case summary

THIS IS A CERCLA COST RECOVERY CASE SEEKING REIMBURSEMENT OF RESPONSE COSTS INCURRED DURING A REMOVAL ACTION AT THE ERIE SITE. THE OWNER/OPERATORS OF THE SITE ARE NOT VIABLE, AND IN FACT HAVE AN OUTSTANDING $3.1 RCRA JUDGMENT PENDING AGAINST THEM. THEREFORE, THIS ACTION SEEKS REIMBURSEMENT FROM THREE GENERATORS AND ONE TRANSPORTER. CONSENT DECREE ENTERED 8/11/97, FOR A TOTAL OF $950,000 IN COST RECOVERY FROM 22 SETTLING DEFENDANTS. THE 2 FEDERAL AGENCY DEFENDANTS (DEPARTMENT OF ARMY AND DEFENSE REUTILI- ZATION AND MARKETING SERVICE) PAID $50,000, AND THE PRIVATE PARTY DEFENDANTS PAID $900,000.

Defendants (29)

• UNITED STATES SEPARTMENT OF THE ARMYNamed in settlement
• BALL CORPORATIONNamed in complaintNamed in settlement
• BASF CORPORATIONNamed in complaintNamed in settlement
• CERTAIN TEED CORP. & WOLVERINE ALUMINUMNamed in complaintNamed in settlement
• CHAMPION SPARK PLUG CO.Named in complaintNamed in settlement
• CHARLES A. OSSWALDNamed in complaintNamed in settlement
• CHATAUQUA COUNTYNamed in complaintNamed in settlement
• CHEM-MET SERVICES, INC.Named in complaintNamed in settlement
• CHRYSLER CORPORATIONNamed in complaintNamed in settlement
• COUSINS WASTE CONTROL CORPNamed in complaint
• DEFENSE REUTILIZATION & MARKETING SERV.Named in settlement
• DOVER CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS & CO.Named in complaintNamed in settlement
• EDWARD F. NORTONNamed in complaintNamed in settlement
• ERIE COATINGS & CHEMICALNamed in complaintNamed in settlement
• FINISHMASTER, INC.Named in complaintNamed in settlement
• FORD MOTOR CO.Named in complaintNamed in settlement
• G.K. TECHNOLOGIES, INC.Named in complaintNamed in settlement
• GENERAL CABLE CORPORATIONNamed in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• GROW GROUP, INC.Named in complaintNamed in settlement
• STANLEY DOOR SYSTEMSNamed in complaintNamed in settlement
• STRYDEL, INC.Named in complaintNamed in settlement
• TAG CHEMICALS, INC.Named in complaintNamed in settlement
• THE DOLPHIN CO.Named in complaintNamed in settlement
• …and 4 more

Facilities (1)

• ERIE COATINGS & CHEMICALS INCORPORATED

  6828 S DIXIE HWY, ERIE, MI, 48133

  Registry ID: 110000614318

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (2)

• ERIE COATINGS & CHEMICALS, ET AL.entered 1997-08-11

  Primary law: CERCLA

• ERIE COATINGS & CHEMICAL COMPANYentered 1998-11-03

  Primary law: CERCLA

Timeline (6 milestones)

• 1994-05-04Enforcement Action Data Entered
• 1994-09-20Referred To Dept Of Justice
• 1995-11-30Complaint Filed With Court
• 1998-06-05Final Order Lodged
• 1998-11-03Final Order Entered
• 1998-11-03Concluded