EPA v. STANDARD SCRAP SITE

Case summary

THIS IS A CERCLA SECTION 122(H)(1) ADMINISTRATIVE PAST RECOVERY SETTLEMENT ( AGREEMENT ) FOR THE STANDARD SCRAP CERCLA REMOVAL ACTION SITE ( SITE ). THE SITE IS A SCRAP METAL RECLAMATION AND SHREDDING FACILITY LOCATED AT 4004- 4020 S. WENTWORTH AND 4000-4027 S WELLS, CHICAGO, COOK COUNTY, ILLINOIS. IT WAS THE SUBJECT OF A FEDERALLY FUNDED REMOVAL ACTION COMMENCED ON SEPTEMBER 22, 1994 AND COM- PLETED ON JANUARY 30, 1996. EPA'S OUTSTANDING RESPONSE COSTS, INCLUDING PREJUDGEMENT INTEREST, ARE $3,895,926.94 (THROUGH JUNE 30, 19980. EPA HAS IDENTIFIED APPROXIMATELY 305 PRPS IN CONNECTION WITH THE SITE, INCLUDING THE 3 OWNERS/OPERATORS OF THE SITE. EPA REFERRED, AND DOJ FILED IN THE NORTHERN DISTRICT OF ILLINOIS, A CERCLA COST RE- COVERY AND CERCLA AND CAA CIVIL PENALTY ACTION AGAINST THE 3 OWNERS/OPERATORS OF THE SITE. SEE U.S. V STEVEN COHEN ET AL., CIV. NO. 96C 7801. THAT ACTION IS ONGOING. HOWEVER, BASED ON EXTENSIVE INFORMATION OBTAINED DURING DISCOVERY, IT IS APPARENT THAT THE OWNERS/OPERATORS DO NOT HAVE THE FINANCIAL RESOURCES TO SATISFY EPA'S OUTSTANDING RESPONSE COST CLAIMS OR EPA'S PUNITIVE CLAIMS. THE OWNERS/OPERATORS ARE NOT PARTICIPANTS IN THIS AGREEMENT. THE REMAINING 302 PRPS WHO HAVE BEEN IDENTIFIED ARE POTENTIALLY LIABLE AS ARRANGERS UNDER SECTION 107(A)(3) OF CERCLA. OF THESE PRPS, AT LEAST 34 ARE EITHER NO LONGER IN EXISTENCE OR NOT FINANCIALLY VIABLE. IN ADDITION, IT APPEARS THAT A SUB- STANTIAL NUMBER OF THE REMAINING 268 PRPS MAY BE OF QUESTIONABLE OR LIMITED FINANCIAL VIABILITY. UNDER THE AGREEMENT, EPA WILL RECOVER $651,350.22, COLLECTIVELY, FROM 78 PRPS (THE SETTLING PARTIES) WHO HAVE COOPERATED WITH THE UNITED STATES. THIS AMOUNT REPRESENTS THE SUM TOTAL OF EACH SETTLING PARTY'S ESTIMATED PRO RATA SHARE OF EPA'S OUT- STANDING RESPONSE COSTS BASED ON THE NATURE AND PERCENTAGE OF THE NATURE AND PERCENTAGE OF WASTE THEY SHIPPED TO THE SITE. THE SETTLING PARTIES ARE LISTED BELOW.

Defendants (79)

• RESERVE IRON & METAL
• STANDARD SCRAP SITENamed in complaintNamed in settlement
• ACME REFINING SCRAP IRON & METAL, INC.
• ALMA IRON & METAL COMPANY, INC.
• AMERICAN IRON & SUPPLY CO.
• ASSAD IRON & METALS INC./HEIDELBERG
• BAY SIDE RECYCLING CORP.(WEST END IRON)
• BELSON SCRAP & STEEL, INC
• CAPITOL CITY METALS, L.L.C.
• CFF PRO-METAL PROCESSING CO ( OKLAHOMA)
• CHAMBERLAIN MANUFACTURING COMPANY
• COHEN BROTHERS INC.
• COLEMAN METALS/COLEMAN IRON & METAL, INC
• DART ELECTRIC MOTOR & SUPPLY INC.
• DEKALB IRON & METAL CO.
• DOBROW INDUSTRIES, INC.
• DUDEK INDUSTRIES, INC.
• DUDEK, INC.
• DUMES, INC.
• ELGIN SALVAGE AND SUPPLY CO., INC.
• EMILIAN TRADING CO.
• F. PERLMAN & CO, INC.
• FISHER STEEL AND SUPPLY COMPANY
• FUSSELMAN SALVAGE COMPANY
• GARDEN STREET IRON & METAL INC.
• …and 54 more

Facilities (1)

• CHICAGO INTL INTER EXPORTING

  4000 WELLS, CHICAGO, IL, 60609

  Registry ID: 110010593143

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• STANDARD SCRAP SITEentered 1999-03-04

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-12-17Complaint Filed/Proposed Order
• 1999-03-03Enforcement Action Data Entered
• 1999-03-04Final Order Issued
• 1999-04-04Compliance Achieved
• 1999-04-04Enforcement Action Closed