EPA v. GORDON HEAD & WILLIAM SPANGLER/H&H ENTERPRISES

Case summary

RESPONDENTS ACCEPTED AND STORED LARGE AMOUNTS OF AUTO- MOBILE FLUFF , THE NON-METALLIC REMNANTS OF SHREDDED AUTOMOBILES, AT A FACILITY OPERATING ILLEGALLY AS A DUMP SIT E IN GARY, IN. THE COMPLAINT ALLEGED IMPROPER STORAGE, DISPOSAL, MARKING AND NOTIFICATION VIOLATIONS OF THE PCB REGS. IN ADDITION, THE STATE OF INDIANA BROUGHT CHARGES AGAINST THEM IN THE AFTERMATH OF A FIRE AT THE FACILITY, AND IT WAS CLEANED UP AS A SUPERFUND SITE. SPANGLER HAS SINCE DIED. RESPONDENTS SUBMITTED FINANCIAL INFORMATION THAT INDICATED THAT THEY HAD EXHAUSTED THEIR ASSETS DEALING WITH THE STATE ACTIONS (INCLUDING A CRIMINAL CONVICTION OF HEAD) AND THE EPA CLEANUP, SO THAT NEITHER RESPONDENT WERE ABLE TO PAY ANY CIVIL PENALTY. ACCORDINGLY, THE PROPOSED PENALTY WAS MITIGATED TO $0 FOR EACH. THE CACOS PROVIDE THAT EPA MAY IMPOSE A CIVIL PENALTY IF EITHER RESPONDENT POSSESS, DISCOVER OR RECEIVE ASSETS; THE CACOS ALSO PROHIBIT THE HANDLING OF AUTO FLUFF.

Defendants (2)

• GORDON HEADNamed in complaintNamed in settlement
• WILLIAM SPANGLERNamed in complaint

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• GORDON HEAD & WILLIAM SPANGLER/HEADentered 1997-04-11

  Primary law: TSCA

Timeline (4 milestones)

• 1993-08-31Complaint Filed/Proposed Order
• 1997-04-11Final Order Issued
• 1997-04-11Enforcement Action Closed
• 1997-04-30Enforcement Action Data Entered