EPA v. QUALITY PLATING

Case summary

REMOVAL ACTION - EPA LEAD. THE SITE WAS OPERATED BY QUALITY PLATING, INC., AS A METAL PLATING FACILITY FROM THE LATE 1970S UNTIL 1993. THE DISSOLUTION OF QUALITY PLATING, INC., RESULTED IN THE ABANDONMENT OF THE SITE PROPERTY AND MORE THAN 200 CON- TAINERS, OPEN VATS, AND TANKS CONTAINING APPROXIMATELY 50,000 GALLONS OF ACIDS, CAUSTICS, CYANIDE, AND HEAVY METAL SOLUTIONS. BETWEEN NOVEMBER 1994 AND MAY 1995, THE U.S. ENVIRONMENTAL PROTECTION AGENCY ( U.S.EPA )INITIATED A TIME-CRITICAL REMOVAL ACTION AT THE STIE. U.S. EPA COMPLETED THE REMOVAL ACTION AT THE QUALITY PLATING SITE ON MAY 10, 1995. THE TOTAL COSTS EXPENDED AT THE SITE, AS OF AUGUST 31,1997, WERE $513,799. ON OCTOBER 20, 1997, U.S. EPA ISSUED A DEMAND LETTER TO MR. WILLIAM E. MARMITT, A FORMER CHIEF OPERATING/EXECUTIVE OFFICER AND SHAREHOLDER OF QUALITY PLATING, INC., SEEKING REIMBURSEMENT OF RESPONSE COSTS. MR. MARMITT OPERATED THE FACILITY BY ACTIVELY PARTICIPATING IN THE DECISION TO ABANDON THE FACILITY AND ITS CONTENTS IN 1993. MR. MARMITT HAS PROVIDED FINANCIAL INFORMATION TO U.S. EPA AND THE DEPARTMENT OF JUSTICE TO SUBSTANTIATE HIS CLAIM OF AN INABILITY TO PAY THE ENTIRETY OF THE RESPONSE COSTS. ON THIS BASIS, U.S. EPA REACHED AN AGREEMENT FOR MR. MARMITT TO PAY $25,000 OF THE RESPONSE COSTS AT THE SITE. THE AGREEMENT WAS SIGNED BY U.S. EPA ON AUGUST 18, 1998. THE PUBLIC COMMENT PERIOD ENDED ON OCTOBER 8, 1998. THE NOTICE OF THE CLOSE OF THE PUBLIC COMMENT PERIOD( WITH NO COMMENTS) WAS ISSUED ON OCTOBER 16, 1998. THEREFORE THE AGREEMENT IS EFFECTIVE ON OCTOBER 16, 1998. AS OF 11/4/98, HE HAS PAID THE AGREED AMOUNT OF $25,000. THE DOCKET RECORD SHOULD NOW BE CLOSED. THE SITE WAS OPERATED BY QUALITY PLATING, INC., AS A METAL PLATING FACILITY FROM THE LATE 1970S UNTIL 1993. THE DIS- SOLUTION OF QUALITY PLATING, INC., RESULTED IN THE ABANDON- MENT OF THE SITE PROPERTY AND MORE THAN 200 CONTAINERS, OPEN VATS, AND TANKS CONTAINING APPROXIMATELY 50,000 GALLONS OF ACIDS, CAUSTICS, CYANIDE, AND HEAVY METAL SOLUTIONS. BETWEEN NOVEMBER 1994 AND MAY 1995, THE U.S. ENVIRONMENTAL PROTECTION AGENCY ( U.S. EPA ) INITIATED A TIME-CRITICAL REMOVAL ACTION AT THE SITE. U.S. EPA COMPLETED THE REMOVAL ACTION AT THE QUALITY PLATING SITE ON MAY 10, 1995. THE TOTAL COSTS EXPENDED AT THE SITE, AS OF AUGUST 31, 1997, WERE $513,799. ON OCTOBER 20, 1997, U.S. EPA ISSUED A DEMAND LETTER TO MR. WILLIAM E. MARMITT, A FORMER CHIEF OPERATING/EXECUTIVE OFFICER AND SHAREHOLDER OF QUALITY PLATING, INC., SEEKING REIMBURSEMENT OF RESPONSE COSTS. MR. MARMITT OPERATED THE FACILITY BY ACTIVELY PARTICIPATING IN THE DECISION TO ABANDON THE FACILITY AND ITS CONTENTS IN 1993. MR. MARMITT HAS PROVIDED FINANCIAL INFORMATION TO U.S. EPA AND THE DEPARTMENT OF JUSTICE TO SUBSTANTIATE HIS CLAIM OF AN INABILITY TO PAY THE ENTIRETY OF THE RESPONSE COSTS. ON THIS BASIS, U.S. EPA REACHED AN AGREEMENT FOR MR. MARMITT TO PAY $25,000 OF THE RESPONSE COSTS AT THE SITE. THE AGREEMENT WAS SIGNED BY U.S.EPA ON AUGUST 18, 1998. THE PUBLIC COMMENT PERIOD ENDED ON OCTOBER 8, 1998. THE NOTICE OF THE CLOSE OF THE PUBLIC COMMENT PERIOD (WITH NO COMMENTS) WAS ISSUED ON OCTOBER 16, 1998. THEREFORE THE AGREEMENT IS EFFECTIVE ON OCTOBER 16, 1998.

Defendants (2)

• MARMITT, W. E.
• QUALITY PLATINGNamed in complaintNamed in settlement

Facilities (1)

• QUALITY PLATING COMPANY

  323 NORTH KILPATRICK AVE., CHICAGO, IL, 60644

  Registry ID: 110001319396

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• QUALITY PLATING SUPERFUND SITEentered 1998-10-16

  Primary law: CERCLA

Timeline (4 milestones)

• 1996-05-29Enforcement Action Data Entered
• 1998-08-18Complaint Filed/Proposed Order
• 1998-10-16Final Order Issued
• 1998-11-04Enforcement Action Closed