EPA v. MAIO, MICHAEL A./BANKRUPTCY (AVANTI SITE)

Case summary

BANKRUPCTY REFERRAL AGAINST MICHAEL A. MAIO, FORMER PRESIDENT AND SHAREHOLDER OF AVANTI DEVELOPMENT, INC., AND PRIOR TO THAT GENERAL PARTNER IN BIG V ASSOCIATES, NOW DISSOLVED. AVANTI IS THE CURRENT OWNER OF INDUSTRIAL PROPERTY AT THE AVANTI SUPERFUND SITE, WHILE BIG V WAS THE PRIOR OWNER. BOTH THE INDUSTRIAL PROPERTY AND THE SURROUNDING RESIDENTIAL PROPERTIES ARE SUBJECT TO A CONTINUING REMOVAL ACTION BEING PERFORMED BY A NUMBER OF PRPS, PURSUANT TO ADMINISTRATIVE ORDERS ISSUED BY EPA. AVANTI HAS NOT COMPLIED WITH THE FIRST ORDER, ISSUED MARCH 29, 1994. MR. MAIO IS A RESPONDENT TO A PARTICIPATE AND COORDINATE ORDER, ISSUED MARCH 6, 1996, PURSUANT TO CERCLA 106, AND HAS NOT DEMONSTRATED AN INTENT TO COMPLY. MR. MAIO'S LIABILITY UNDER CERCLA 107 ARISES FROM HIS STATUS AS A FORMER GENERAL PARTNER IN A DISSOLVED PARTNERSHIP THAT WAS AN OWNER OF A FACILITY AT THE TIME THAT LEAD, A HAZARDOUS SUBSTANCE, WAS DISPOSED OF AT THE FACILITY. SINCE MARCH 29, 1994, EPA HAS BEEN OVERSEEING A REMOVAL ACTION AT THE SITE, AND AS OF JANUARY 31, 1996, HAS SPENT $774,753 AT THE SITE. MR. MAIO FILED HIS PETITION FOR RELIEF UNDER CHAPTER 11 ON FEBRUARY 25, 1994. EPA, AS CONTINGENT CREDITOR , IS REQUESTING THAT A PROOF OF CLAIM BE FILED AGAINST MAIO'S ESTATE BY OR ON NOVEMBER 1, 1996. MAIO'S BANKRUPTCY PLAN DID NOT AFFECT ANY CLAIMS EPA MAY HAVE AGAINST HIM. THIS BANKRUPTCY CASE WAS CLOSED ON 6/9/98, BUT EPA EVENT- UALLY SETTLED WITH MAIO IN A CONSENT DECREE FOR THE AVANTI SITE LODGED AND ENTERED IN U.S. DISTRICT COURT, SOUTHERN DISTRICT OF INDIANA, INDIANAPOLIS DIVISION (CIVIL ACTION NO. IP01-0402 C B/S).

Defendants (1)

• MAIO, MICHAEL A.Named in complaintNamed in settlement

Facilities (1)

• AVANTI CORPORATION SITE

  502-504 S HARRIS AVE, INDIANAPOLIS, IN, 46222

  Registry ID: 110003120818

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MAIO, MICHAEL A.entered 2001-05-23

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-03-29Enforcement Action Data Entered
• 1996-10-31Referred To Dept Of Justice
• 2001-03-26Final Order Lodged
• 2001-03-26Complaint Filed With Court
• 2001-05-23Final Order Entered
• 2001-05-23Concluded
• 2001-08-24Enforcement Action Closed