EPA v. PETROLEUM SPECIALTIES, INC. ( PSI )

Case summary

THE FACILITY IS A FORMER OIL REFINERY AND BULK OIL STORAGE FACILITY. IN 1990, THE MICHIGAN DEPARTMENT OF NATURAL RESOU RCES ( MDNR ) BEGAN CITING PETROLEUM SPECIALTIES, INC. ( PSI ) FOR VIOLATIONS OF ENVIRONMENTAL LAWS. RESULTS FROM SAMPL ING OF SOILS AND ON-SITE LAGOONS, HISTORICALLY USED AS COOLI NG PONDS IN REFINING PROCESSES, SHOWED POLYCHLORINATED BIP- HENLYS ( PCBS ) AND LEAD AT ABOVE REGULATORY LEVELS. IN JUL Y 1991, MDNR ISSUED A UNILATER ADMINISTRATIVE ORDER FOR CLEA NUP OF THE FACILITY TO PSI AND THE THEN CURRENTLY PROPERTY O WNERS, MARVIN AND SHARON FLEISCHMAN, ROSE LIEBERGOTT, AND FA NNIE ROBINSON. THESE PARTIES CONDUCTED REMOVAL ACTIVITIES AT THE FACILITY, BUT FAILED TO FULLY COMPLY WITH MDNR'S UAO. STANDING WATER THROUGHOUT THE SITE SUBSTANTIALLY IMPEDED CLE ANUP ACTIVITIES. THE PARTIES ALSO CLAIMED THAT THEY WERE UN ABLE FINANCIALLY TO CONTINUE CLEANUP ACTIVITIES. IN JULY 1993, MDNR CONTACTED U.S. EPA TO CONDUCT A TIME-CRITICAL REM OVAL. IN FALL 1993, U.S. EPA DETERMINED THAT HAZARDOUS SUBSTANCES FOUND AT THE FACILITY, SUCH AS LEAD, BENZENE, TOLUENE, ETHYL BENZENE, PHENANTHRENE, XYLENE, AND LEAD, REGULATED AS WASTE S UNDER RCRA, AND PCBS, REGULATED UNTER TSCA, POSED A SUBSTA NTIAL THREAT TO HUMAN HEALTH AND THE ENVIRONMENT. ON APRIL 1994, FOLLOWING UNSUCCESSFUL NEGOTIATIONS WITH PSI, U.S. EPA RECEIVED APPROVAL FOR CERCLA FUNDING TO CONDUCT TIME-CRITICA L REMOVAL ACTIVITIES. IN MAY 1994, U.S. EPA ISSUED A UNILAT ERAL ADMINISTRATIVE ORDER DIRECTED TO PSI. ON MAY 6, 1994, U.S. EPA INITIATED A CERCLA FUNDED REMOVAL AT THE SITE. THE U.S. COAST GUARD ALSO CONDUCTED AN OPA FUNDED REMOVAL AT THE SITE. U.S. EPA REMOVED FROM THE SITE AND DISPOSED OF PCB-CONTAMINATED SOILS AND MATERIALS; AND SOLIDIFIED THE LAGOON WHICH CONTAINED PCBS, LEAD, BENZENE, T OLUENE, ETHYL BENZENE, PHENANTHRENE, AND XYLENE. U.S. EPA COMPLETED THE CERCLA REMOVAL ON MARCH 20, 1995. BY COST SUMMARY REPORT OF OCTOBER 31, 1997, THE TOTAL COST OF REMOVA L IS $2,673,932.20 EXCLUSIVE OF INTEREST. PSI, THE CURRENT OWNER AND OPERATOR OF THE FACILTY, IS PRO- POSED AS A DEFENDANT. MARVIN FLEISCHMAN, PRESIDENT AND SOLE OFFICER OF PSI, IS NAMED AS A DEFENDANT OPERATOR BASED ON HIS ACTIVE MANAGEMENT AND CONTROL OF PSI. MARVIN FLEISCHMAN AND WIFE SHARON FLEISCHMAN, ROSE LIEBERGOTT AND FANNIE ROBIN SON (MARVIN FLEISCHMAN'S SISTERS) ARE NAMED AS DEFENDANTS BASED ON THEIR OWNERSHIP OF THE PROPERTY DURING THE DISPOSAL OF HAZARDOUS SUBSTANCES (PCBS) AT THE FACILITY. THE FLEISCHMAN FAMILY OWNS AND CONTROL PSI, PEERLESS, A NUMBER OF OTHER BUSINESSES AND A NON-PROF IT FOUNDATION.

Defendants (5)

• FANNIE ROBINSONNamed in settlement
• MARVIN FLEISCHMANNamed in settlement
• PETROLEUM SPECIALTIES, INC.Named in settlement
• ROSE LIEBERGOTTNamed in settlement
• SHARON FLEISCHMANNamed in settlement

Facilities (1)

• PETROLEUM SPECIALTIES INC MDEQ ERD

  26361 PETERS RD, FLAT ROCK, MI, 48134

  Registry ID: 110003657793

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• PETROLEUM SPECIALTIES, INC.entered 2001-05-14

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-02-19Referred To Dept Of Justice
• 1998-03-24Enforcement Action Data Entered
• 1999-05-13Complaint Filed With Court
• 2001-03-15Final Order Lodged
• 2001-05-14Final Order Entered