EPA v. 815 REALTY, INC., ET AL.

Case summary

THIS IS A COST RECOVERY CASE TO RECOVER COSTS OF A U.S. EPA FINANCED REMOVAL ACTION AT THE SITE. THE SITE IS LOCATED ACROSS THE STREET FROM A FORMER CERAMICS COMPANY KNOWN AS THE INGRAM-RICHARDSON ( ING-RICH ) COMPANY, WHICH OPERATED BETWEEN 1915 AND 1980. THE ING-RICH COMPANY BOUGHT THE AUGUSTUS HOOK PROPERTY IN 1963 AND IT (AND ITS SUCCESSORS WITH IDENTICAL OR SIMILAR NAMES) USED THE PROPERTY TO DIS- POSE OF ING-RICH'S WASTES, INCLUDING ITS HAZARDOUS WASTES, UNTIL 1981. THE PROPERTY WAS ACQUIRED BY CHESTER ASSOCIATES AN OHIO LIMITED PARTNERSHIP, IN 1981. CHESTER ASSOCIATES CHANGED ITS NAME TO AUGUSTUS & HOOK ASSOCIATES ( AHA ) ON DECEMBER 16, 1982. IN 1986, OWNERSHIP OF THE SITE WAS TRANSFERRED. IN 1986, OWNERSHIP OF THE SITE WAS TRANSFERRED TO 815 REALTY, INC. ( 815 REALTY ), A CLOSELY HELD INDIANA CORPORATION. THE PROPERTY IS UNIMPROVED AND HAS NOT BEEN USED BY ANY OF THE OWNERS FOR ANY PURPOSES EXCEPT DISPOSAL OF WASTE. U.S. EPA CONDUCTED A TIME CRITICAL REMOVAL ACTION AT THE SITE PURSUANT TO APRIL 3, 1995 AND AUGUST 22, 1996 ACTION MEMORANDA. ATTACHMENT 3 AND 4. U.S. EPA SECURED THE SITE AND STABILIZED 45,000 TONS OF HAZARDOUS WASTE. THE AGENCY THEN REMOVED STABILIZED WASTE CONTAINING LEAD LEVELS IN EXCESS OF 500 PPM AND DISPOSED OF IT OFF-SITE. THE REMOVAL WAS COMPLETED ON SEPTEMBER 13, 1997. ATTACHMENT 5. U.S. EPA INCURRED COSTS TOTALING $2,613,853.17 AS OF MARCH 31, 1998, IN CONNECTION WITH THE VARIOUS RESPONSE ACTIVITIES AT THE SITE. ATTACHMENT 6. THE ACTIVITIES WERE UNDERTAKEN BY, OR AT THE DIRECTION OF, U.S. EPA AND ITS EMERGENCY RESPONSE CLEANUP SERVICES CONTRACTOR. THE PROPOSED DEFENDANTS ARE: (1) 815 REALTY, PRESENT OWNER (2) CUYAHOGA MANAGEMENT COMPANY, INC. ( CMC ), AND ITS SHARE HOLDER DISTRIBUTEES, OWNERS-OPERATORS/GENERATORS FROM 1965- 1981, (3) AHA, JOHNHOOK AND ALBERT AUGUSTUS AS ALTER EGO OF 815 REALTY; AND (4) JOHN B. HOOK, OPERATOR OF OR GENERA- TOR AT CMC. RECOVERY OF PAST COSTS IS THE RELIEF SOUGHT.

Defendants (7)

• 815 REALTY, INC., ET ALNamed in complaintNamed in settlement
• ALBERT A. AUGUSTUSNamed in complaintNamed in settlement
• AUGUSTUS AND HOOK ASSOCIATESNamed in complaintNamed in settlement
• CUYAHOGA MANAGEMENT COMPANY, INC.Named in complaintNamed in settlement
• EDWARD P. CAWLEYNamed in complaintNamed in settlement
• HOOK ASSOCIATESNamed in complaintNamed in settlement
• JOHN HOOKNamed in complaintNamed in settlement

Facilities (1)

• 815 REALTY, INC., ET AL.

  STATE RT 28, FRANKFURT, IN, 46041

  Registry ID: 110010588300

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• 815 REALTY, INC., ET AL.entered 2000-01-03

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-09-15Referred To Dept Of Justice
• 1998-09-30Enforcement Action Data Entered
• 1999-06-30Final Order Lodged
• 1999-06-30Complaint Filed With Court
• 2000-01-03Final Order Entered