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05-1995-0403JudicialClosedFY 1995· Region 05

EPA v. MARION BRAGG DUMP

Final Order With Specified Cost Recovery

Cost recovery

$750,000

Case summary

THIS IS A REFERRAL OF A COST RECOVERY ACTION TO RECOVER COSTS EPA INCURRED FOR RI/FS, OVERSIGHT OF RD/RA; AND COSTS INCURRED PURSUANT TO A MIXED FUNDING AGREEMENT IN WHICH US EPA ACCEPTED A 25% SHARE. THIS IS A CERCLA COST RECOVERY ACTION AGAINST 5 GENERATOR PRPS. THE CASE WAS SETTLED PRIOR TO FILING OF THE CIVIL COMPLAINT, WHICH WAS THEN FILED SIMULTANEOUSLY WITH A CONSENT DECREE. TOTAL PAYMENTS TO BE RECEIVED WERE $750,000. OF THAT, ONE PARTY WAS TO PAY IN FOUR INSTALL- MENTS, THE LAST OF WHICH WAS DUE ON DECEMBER 17, 1998. THE LAST PAYMENT WAS RECEIVED EARLY, HOWEVER, ON OCTOBER 26, 1998 (THIS INFORMATION SUPPLIED BY BETTY CAMPBELL OF SUPERFUND ACCOUNTING). IN ADDITION, EPA HAS RECEIVED TOTAL INTEREST PAYMENTS OF $5857.

Defendants (11)

  • ANCHOR HOCKING CORPORATIONNamed in settlement
  • ATLANTIC RICHFIELD COMPANYNamed in complaintNamed in settlement
  • ATLAS FOUNDRY CO., INC.Named in complaintNamed in settlement
  • BELL PACKAGING CORPORATIONNamed in complaintNamed in settlement
  • DECATUR SALVAGE
  • DELMER BRAGG
  • DOBSON CONSTRUCTION CO., INC.Named in complaint
  • MARION PAVING CO., INC.
  • WASTE MANAGEMENT OF INDIANA, INC.
  • AMERICAN NATIONAL CAN CO., INC.Named in complaintNamed in settlement
  • WMX TECHNOLOGIES, INC.

Facilities (1)

  • MARION (BRAGG) DUMP

    2627-2629 CENTRAL AVE, MARION, IN, 46952

    Registry ID: 110009284844

Statutes cited

  • CERCLA 107ACost Recovery

Enforcement conclusions (1)

  • ATLAS FOUNDRY COMPANY, INC, ET AL.entered 1997-03-27

    Primary law: CERCLA

Timeline (7 milestones)

  • 1983-09-03Enforcement Action Data Entered
  • 1995-08-28Referred To Dept Of Justice
  • 1995-08-28Complaint Filed With Court
  • 1997-01-16Final Order Lodged
  • 1997-03-27Final Order Entered
  • 1998-10-26Concluded
  • 1998-10-26Enforcement Action Closed

Case metadata

EPA activity ID
29374
Case number
05-1995-0403
Lead agency
EPA
HQ division
CER
Branch
SWERB
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Cost Recovery

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1995-0403 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.