EPA v. STEVEN COHEN (STANDARD SCRAP)

Case summary

THIS REFERRAL REQUESTS THAT THE UNITED STATE ENVIRONMENTAL PROTECTION AGENCY'S (EPA'S) COST RECOVERY REFERRAL OF MAY 4, 1996 AGAINST THE OWNERS/OPERATORS OF THE STANDARD SCRAP/CHICAGO INTERNATIONAL EXPORTING/CHICAGO INTERNATIONAL CHICAGO CERCLA REMOVAL ACTION SITE (SITE) BE AMENDED TO INCLUDE THE ADDITIONAL DEFENDANTS PROPOSED HEREIN. FUTHER- MORE, THAT A COST RECOVERY COMPLAINT BE FILED AGAINST THESE ADDITIONAL DEFENDANTS UNDER SECTION 107(A)(3) OF CERCLA TO RECOVER OUTSTANDING RESPONSE COSTS INCURRED AT THE SITE BY EPA. THESE COSTS WERE INCURRED BY EPA IN RESPONSE TO AN IMMINENT AND SUBSTANTIAL ENDANGERMENT ARISING FROM THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES. EPA CONDUCTED THIS RESPONSE AS A CERCLA TIME-CRITICAL REMOVAL ACTION. THE SITE IS NEITHER ON NOR PROPOSED FOR LISTING ON THE NATIONAL PRIORITY LIST. EPA FIRST SUBMITTED A REFERRAL CONCERNING THIS SITE IN SEPTEMBER OF 1994 SEEKING ACCESS UNDER A CERCLA UNILATERAL ADMINISTRATIVE ORDER ISSUED TO THE OWNERS/OPERATORS. THERE- AFTER, THE UNITED STATES FILED AN ACTION IN FEDERAL COURT AND OBTAINED ACCESS TO THE SITE. EPA COMPLETED ITS REMOVAL CLEANUP ON JANUARY 21, 1996. SUBSEQUENTLY, ON MAY 4, 1996, EPA SUBMITTED A REFERRAL AGAINST THE OWNERS/OPERATORS OF THE SITE SEEKING THE RECOVERY OF COSTS UNDER SECTION 107(A) OF CERCLA AND THE IMPOSITION OF PENALTIES UNDER SECTION 106(B) OF CERCLA FOR NON-COMPLIANCE WITH EPA'S UNILATERAL ADMINISTRATIVE ORDER. ACCORDINGLY, IN DECEMBER OF 1996, THE UNITED STATES FILED A COMPLAINT AGAINST THE OWNERS/OPERATORS IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS. CONTENTIOUS LITIGATION HAS ENSUED, WITH THE OWNERS/OPERATORS OFTEN VIOLATING COURT ORDERS AND DISCOVERY. OUTSTANDING EFFORTS HAVE BEEN MADE, PARTICULARLY BY THE U.S. ATTORNEYS OFFICE, TO IMPOSE LIABILITY ON AND SEEK COST RECOVERY FROM THE OWNERS/OPERATORS. HOWEVER, BASED ON THE INFORMATION OBTAINED TO DATE, IT DOES NOT APPEAR THAT THE UNITED STATES WILL BE ABLE TO RECOVER ALL OR SUBSTANTIALLY ALL OF ITS OUTSTANDING RSPONSE COSTS OF $3,895,926.94 (THROUGH JUNE 30, 1998) FROM THOSE PARTIES. CONSEQUENTLY, EPA IS SUBMITTING THIS AMENDMENT TO SEEK COST RECOVERY FROM THE ADDITIONAL PROPOSED DEFENDANTS. EPA HAS DOCUMENTARY AND TESTIMONIAL EVIDENCE SHOWING THAT THESE PROPOSED ADDI- TIONAL DEFENDANTS MAY BE HELD JOINTLY AND SEVERALLY LIABLE AS GENERATORS/ ARRANGERS UNDER SECTION 107(A)(3) OF CERCLA FOR THE UNITED STATES' OUTSTANDING RESPONSE COSTS. SETTLED WITH ALL VIABLE PRPS. ARRANGE CDS ENTERED 12/9/01. OWNER/ OPERATOR CD TO BE ENTERED 2/15/02.

Defendants (2)

• NORTHERN INDIANA PUBLIC SERVICE COMPANYNamed in complaint
• TRI-STATE METAL COMPANYNamed in complaint

Facilities (1)

• STANDARD SCRAP METAL COMPANY

  4004 SO WENTWORTH AVE, CHICAGO, IL, 60609

  Registry ID: 110001288598

Statutes cited

• CERCLA 107C3 — Treble Damages

Timeline (4 milestones)

• 1998-09-29Referred To Dept Of Justice
• 1998-09-29Referred TO U.S. Attorney
• 1998-10-15Enforcement Action Data Entered
• 1999-01-28Complaint Filed With Court