EPA v. MIDWEST METALLICS, L.P.

Case summary

THE SITE OPERATED AS AN UNLICENSED FACILITY FOR DISPOSAL OF AUTO SHREDDER RESIDUE FROM FEBRUARY, 1991, UNTIL A FEBRUARY 11, 1993 LED TO ITS PERMANENT CLOSURE. SINCE TIME OF THE FIRE, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( U.S. EPA ) HAS INCURRED COSTS IN CONDUCTING REMOVAL ACTION AT THE SITE. U.S. EPA SECURED THE SITE, EXTINGUISHED RECUR-R ENCES OF THE FIRE, CHARACTERIZED THE AUTO SHREDDER RESIDUE, AND EXAMINED TREATMENT AND DISPOSAL OPTIONS. U.S. EPA SUBSE- QUENTLY NEGOTIATED ADMINISTRATIVE ORDERS ON CONSENT (AOCS ) WITH POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) UNDER WHICH THEY WOULD DISPOSE OF THE MATERIAL, WHICH IS CONTAMINATED WITH POLYCHLORINZTED BIPHENYLS AND LEAD. THOSE AOCS REQUIRE THE PRP'S TO PAY U.S. EPA'S COSTS FOR OVERSEEING THE PRP'S WORK. THROUGH DECEMBER 21, 1993, THE DATE OF THE FIRST AOC, U.S. EPA INCURRED APPROX. $2,223,568.62 IN UNREIMBURSED RESPONSE COSTS. U.S. EPA PROPOSED NAMING THREE COST RECOVERY DEFENDANTS IN THIS CASE. IN ADDITION, U.S. EPA PROPOSES COL- LECTING STIPULATED PENALTIES AND DEMANDING INJUNCTIVE RELIEF FROM THE TWO PRPS THAT ENTERED THE AOCS FOR THE SITE. THESE PARTIES HAVE FAILED TO SUBMIT TIMELY WORKPLANS AND WORKPLAN REVISIONS, AND HAVE FAILED TO SUBMIT MONTHLY PROGRESS REPORTS. AS A RESULT OF THE PRP'S VIOLATIONS OF THE ORDERS, CLEANUP OF THE SITE HAS NOT YET BEGUN.

Defendants (4)

• COZZI IRON AND METAL, INC.Named in complaintNamed in settlement
• GENERAL IRON INDUSTRIES, INC.Named in complaintNamed in settlement
• MIDWEST METALLICS, L.P.Named in complaintNamed in settlement
• PIELET, JAMESNamed in complaintNamed in settlement

Facilities (2)

• H & H ENTERPRISES GORDON HEAD

  CLINE ST & 9TH AVE, MICHIGAN CITY, IN, 46360

  Registry ID: 110011910003

• H & H ENTERPRISE

  7540 W. 9TH AVE., GARY, IN, 46406

  Registry ID: 110063901791

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106B — Superfund

Enforcement conclusions (3)

• MIDWEST METALLICS, L.P.entered 1998-10-14

  Primary law: CERCLA

  Federal penalty: $255,000

• MIDWEST METALLICS, L.P.entered 1999-01-26

  Primary law: CERCLA

  Federal penalty: $255,000

• MIDWEST METALLICS, L.P.entered 2002-01-25

  Primary law: CERCLA

Timeline (5 milestones)

• 1997-09-01Referred To Dept Of Justice
• 1997-10-23Enforcement Action Data Entered
• 1998-07-13Complaint Filed With Court
• 1998-10-21Final Order Lodged
• 2002-01-25Final Order Entered