EPA v. MCM WAREHOUSE, INC. AND THEODORE LICHKO

Case summary

THIS REFERRAL REQUESTS THAT THE UNITED STATES FILE A COST RECOVERY ACTION, PURSUANT TO SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUBLIC LAW 99-499 ( CERCLA ), 42 U.S.C. 9607, SEEKING IN EXCESS OF $95,376.68 THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ) HAS EXPENDED FOR REMOVAL ACTIONS AT THE MARCY ROAD MIDNIGHT DUMP SITE ( MARCY ROAD SITE ), LOCATED IN PIERPONT TOWNSHIP, OHIO. EPA CONDUCTED THESE ACTIONS FROM NOVEMBER 11, 1991 THROUGH NOVEMBER 6, 1992. THE DEFENDANTS TO THIS ACTION WOULD BE MCM WAREHOUSE, INC., ( MCM ) AND THEODORE LICHKO ( LICHKO ), THE ENTITIES WHICH ARRANGED FOR DISPOSAL OF HAZARDOUS SUBSTANCES AT THE MARCY ROAD SITE. THE SITE IS THE COLLECTIVE NAME FOR A GROUP OF FIVE GEOGRAPHICALLY PROXIMATE SITES AT WHICH ILLEGAL DUMPING OF HAZARDOUS SUBSTANCES TOOK PLACE. EPA, REGION 5, CONDUCTED REMOVAL ACTIONS TO ADDRESS THE FIVE DUMPING LOCATIONS. THE COMPLAINT WAS FILED JANUARY 3, 1996. THE DEFENDANT'S ANSWER WAS FILED FEBRUARY 29, 1996. A CASE MANAGEMENT CONFERENCE IS SCHEDULED FOR MARCH 28, 1996. ON JANUARY 3, 1996, THE UNITED STATES FILED A COST RECOVERY ACTION PURSUANT TO SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA). THE LAWSUITE SOUTH TO REVOER RESPONSE COSTS INCURRED BY THE UNITED STATES RELATING TO A REMOVAL ACTION TAKEN AT THE MARCY ROAD MIDNIGHT DUMP SITE (SITE). THE SITE INVOLVED FIVE GEOGRAPHICALLY PROXIMATE LOCATIONS IN ASHTABU- LA COUNTY, OHIO AND CRAWFORD COUNTY, PENNSYLVANIA, AT WHICH HAZARDOUS SUBSTANCES WERE ILLEGALLY DISPOSED IN LATE 1991. BETWEEN NOVEMBER 11, 1991, AND NOVEMBER 6, 1992, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) CONDUCTED A TIME-CRITICAL REMOVAL ACTION TO REMOVE, CATEGO- RIZE, AND PROPERLY DISPOSE OF THE DUMPED HAZARDOUS SUBSTANCE S FOUND AT EACH OF THE FIVE LOCATIONS COMPRISING THE SITE. THE U.S. EPA FUNDS EXPENDED RELATING TO THE SITE AS OF JANUARY 31, 1996, TOTALED $126,475 (INCLUDINGPRE-JUDGMENT INTEREST THROUGH OCTOBER 24, 1996, OF $10,818.37). THE COST RECOVERY ACTION NAMED TWO DEFENDANTS: MCM WARE- HOUSE, INC. ( MCM ), AND THEODORE LICHKO ( LICHKO ). BOTH MCM AND LICHKO, AS MCM'S PRESENT, WERE ALLEGED TO HAVE ARRANGED FOR TEMPORARY WORKERS TO REMOVE AND DISPOSE OF HAZARDOUS SUBSTANCES CONTAINED IN A WAREHOUSE OWNED BY MCM. THESE HAZARDOUS SUBSTANCES WERE DUMPED AT THE FIVE LOCATIONS WHICH COMPRISE THE SITE. THE DEFENDANTS HAVE DEMONSTRATED AN INABILITY TO PAY ALL OF THE PAST COSTS AND HAVE THEREFORE AGREED TO THIS SETTLEMENT. THE SETTLEMENT REQUIRES THE DEFENDANTS TO REIMBURSE THE FUND BY $25,000 (PLUS INTEREST) EACH APRIL 1 THROUGH APRIL 1 2000. THE DEFENDANTS SUBMITTED THE FIRST $25,000 INTO THE REGISTRY OF THE COURT ON APRIL 1, 1997. THE DEPARTMENT OF JUSTICE HAS NOW RECEIVED THE FINAL PAYMENT.

Defendants (2)

• MCM WAREHOUSE, INC.Named in complaintNamed in settlement
• THEODORE LICHKONamed in complaintNamed in settlement

Facilities (1)

• MARCY ROAD MIDNIGHT DUMP

  MARCH ROAD, PIERPONT, OH, 44082

  Registry ID: 110009304671

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MCM WAREHOUSE, INC, AND THEORDORE LICHKOentered 1997-06-23

  Primary law: CERCLA

Timeline (6 milestones)

• 1993-10-18Enforcement Action Data Entered
• 1995-08-29Referred To Dept Of Justice
• 1996-01-03Complaint Filed With Court
• 1997-04-23Final Order Lodged
• 1997-06-23Concluded
• 2000-04-21Enforcement Action Closed