EPA v. MOSCHIANO PLATING COMPANY, INC.

Case summary

THIS IS A CERCLA SECTION 122(H) COST RECOVERY AGREEMENT. REMOVAL ACTIVITIES COST APPROXIMATELY $450,000. LIABLE PARTIES BASICALLY ARE THE ESTATE OF THE FORMER OWNER/OPERA- TOR. EPA IS RECOVERING ALMOST ALL CASH LEFT IN THE ESTATE. SETTLING PARTIES ALSO MUST BE THEIR BEST EFFORTS TO SELL THE SITE PROPERTY, THOUGH THE LIKEKLIHOOD OF SUCCESS SEEMS LOW. FACILITY IS NOW CLOSED. AFTER REMOVAL ACTIVITIES, BUILDING WAS DEMOLISHED BY THE CITY OF CHICAGO. THIS SITE WAS THE SUBJECT OF A REMOVAL ACTIOIN WHICH WAS FUNDED AND PERFORMED BY EPA, REGION 5, EPA DID RECOVER $39,750 FROM THE ESTATE OF THE FORMER OWNER/OPERATOR OF THE SITE(A FORMER PLATING FACILITY); THIS COST REIMBURSEMENT WAS RELIZED THROUGH A CERCLA 122H AGREEMENT WHICH WAS EFFECTIVE IN APRIL 1999. ON MAY 7, 2001, A FINAL CLOSE- OUT MEMO FOR REMOVAL ACTION RELATING TO THIS SITE AND APPROXIMATELY $526,000 IN UNREIMBURSED RESPONSE COSTS WAS APPROVED AND SIGNED BY THE REGIONAL COUNSEL AND THE SUPERFUND DIV. DIRECTOR. IN THIS CLOSE-OUT MEMO REGION 5 DOCUMENTED THAT THERE WERE NO REMAINING VIABLE AND LIABLE PRPS AND THAT THE POTENTIAL RECOVERY EPA MIGHT REALIZE FROM BRINGING AN IN REM ACTION TO FORCE AN AUCTION SALE OF THE PROPERTY WAS TOO SPECULATIVE AND LIKELY WOULD BE TOO SMALL OF A SUM TO MAKE THE RESOUCE COMMITMENT WORTHWHILE. THIS WAS A FUN-FINANCED AND PERFORMED CERCLA REMOVAL ACTION. NO ADMINSTRATIVE OR JUDICIAL ACTION WAS TAKEN AGAINST ANY PART EITHER TO FORCE PERFORMANCE OF THE REMEDIAL ACTION OR TO RECOVER MONEY. THERE WAS ONE CONSENSUAL COST RECOVER ORDER (ADMINISTRATIVE, UNDER CERCLA 122H), BUT THE PAYMENT CALLED FOR UNDER THAT AGREE- MENT WAS MADE DURING MAY 1999. THIS REPORT IS MADE ONLY TO DOCUMENT THE CLOSE-OUT OF THIS MATTER.

Defendants (2)

• ESTATE OF FRANK B. MOSCHIANONamed in complaintNamed in settlement
• JOSEPHINE MOSCHIANONamed in complaintNamed in settlement

Facilities (1)

• MOSCHIANO PLATING INCORPORATED

  2808 W. LAKE ST., CHICAGO, IL, 60612

  Registry ID: 110001343449

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• MOSCHIANO PLATING COMPANYentered 1999-04-09

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-04-09Final Order Issued
• 1999-05-19Enforcement Action Data Entered
• 2001-05-07Enforcement Action Closed