EPA v. NELSON MCCOY POTTERY SITE

Case summary

THE NELSON MCCOY POTTERY SITE IS AN ABANDONED POTTERY PRODUCTION PLANT LOCATED IN A RURAL/RESIDENTIAL AREA IN ROSEVILLE, OHIO, WHICH WAS IN OPERATION FROM APPROXIMATELY 1910 TO 1990. THERE HAVE BEEN RELEASES OR THREATS OF RELEASES OF HAZARDOUS SUBSTANCES, WITHIN THE DEFINITION OF SECTION 101(14) OF CERCLA, INTO THE ENVIRONMENT AT OR FROM THE FACILITY. EPA, PURSUANT TO SECTION 106 OF CERCLA, DETERMINED THAT CONDITIONS AT THE FACILITY CONSTITUTED AN IMMINENT AND SUBSTANTIAL DANGER TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT. WHILE TAKING RESPONSE ACTIONS UNDER CERCLA 104 AND 106, EPA FOUND EVIDENCE AT THE FACILITY OF OPEN AND DETERIORATED DRUMS OF FLAMMABLE MATERIALS WITH UNRESTRICTED ACCESS, TANKS, GAS CYLINDERS AND OTHER CONTAINERS. SOME CONTAINERS HAD CORROSIVE WASTE, BARIUM- AND LEAD-CONTAMINATED HAZARDOUS WASTE (LIQUIDS AND SOLIDS) AND IGNITABLE MATERIALS. BETWEEN OCTOBER AND NOVEMBER 1992, EPA CONDUCTED REMOVAL ACTIVITIES AT THE FACILITY. AS PART OF ITS INVESTIGATIVE ACTIVITIES, EPA DEVELOPED INFORMATION CONCERNING POTENTIALLY RESPONSIBLY PARTIES (PRPS) BASED UPON RESPONSES TO INQUIRIES AND CERCLA 104 INFORMATION REQUESTS. RESPONDENT JGRP, INC. WAS THE OWNER OF DESIGNER ACCENTS CORP., THE LAST ACTIVE POTTERY MAKING OPERATION AT THE FACILITY, AND WAS INVOLVED WITH THE HAZARDOUS SUBSTANCES MENTIONED ABOVE. RESPONDENTS JUSTIN GASARCH AND RALPH PORTO WERE OPERATORS OF JGRP, INC. RESPONDENT JUSTIN GASARCH WAS THE OWNER OF JGRP, INC. EPA THEREFORE DETERMINED THAT THESE PARTIES WERE PRPS FOR THE FACILITY. RESPONDENT RICKY J. DEMENT HAS INDICATED AN INTEREST IN ACQUIRING A PORTION OF THE FACILITY, AND HAS EXPRESSED A WILLINGNESS TO PARTAKE IN AN ARRANGEMENT TO PAY FOR A PORTION OF THE CLEAN UP COSTS ASSOCIATED WITH THE FACILITY. EPA INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE FACILITY. AS OF JULY 31, 1994, EPA'S RESPONSE COSTS WERE $177,877.86.

Defendants (4)

• JGRP, INC.Named in complaintNamed in settlement
• JUSTIN GASARCHNamed in complaintNamed in settlement
• RALPH PORTONamed in complaintNamed in settlement
• RICKY J. DEMENTNamed in complaintNamed in settlement

Facilities (1)

• DESIGNER ACCENTS INC

  451 GORDON ST, ROSEVILLE, OH, 43777

  Registry ID: 110004595340

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• NELSON MCCOY POTTERY SITEentered 1995-06-29

  Primary law: CERCLA

Timeline (3 milestones)

• 1995-06-29Final Order Issued
• 1995-10-03Enforcement Action Data Entered
• 1998-07-06Enforcement Action Closed