EPA v. GREEN INDUSTRIES SITE

Case summary

THE SITE HAD SEVERAL OPERATORS PRIOR TO 1978, NONE OF WHICH WAS INVOLVED IN THE HAZARDOUS WASTE CONTAMINATION WHICH WAS THE SUBJECT OF THE U.S. EPA REMOVAL. SUBSEQUENT TO 1978, MAURICE AND DANIEL GREEN, UNDER VARIOUS BUSINESS NAMES, CON- DUCTED ELECTROPLATING OPERATIONS AT THE SITE. IN 1988, THEIR COMPANY SOLD THE SITE TO HRW INDUSTRIES, WHO, UNDER THAT OR DIFFERENT NAMES, CONTINUED THE SAME BUSINESS. U.S. EPA INITIATED REMOVAL ACTION AT THE SITE IN MARCH 1996, ANDC COMPLETED IT IN AUGUST 1997. TOTAL COSTS INCURRED ARE APPROXIMATELY $3 MILLION. THOUGH NO PRP, BASED UPON WHAT EACH HAS PROVIDED, WOULD APPEAR TO HAVE MUCH IN ASSETS FROM WHICH TO RECOVER COSTS, INVESTIGATIONS CONDUCTED BY NEIC AND INDUSTRIAL ECONOMICS REVEAL THAT THERE ARE SOLID GROUNDS FOR HOLDING MAURICE AND DANIEL GREEN INDIVIDUALLY LIABLE, THERE IS A STRONG LIKELIHOOD THAT THEY HAVE MADE TRANSFERS OF THEIR PROPERTY WHICH COULD BE SET ASIDE UNDER THE OHIO UNIFORM FRAUDULENT TRANSFER ACT, AND THOSE ASSETS MADE AVAILABLE FOR COST RECOVERY.

Defendants (7)

• BERNARD E. HARRISNamed in complaint
• DANIEL GREENNamed in complaintNamed in settlement
• GREEN INDUSTRIES SITENamed in complaint
• LWG CO., INC.Named in complaint
• LWG FINISHING CORPORATIONNamed in complaint
• MAURICE GREENNamed in complaintNamed in settlement
• SAUNDRA GREENNamed in complaintNamed in settlement

Facilities (1)

• GREEN INDUSTRIES

  3603 E KEMPER RD, CINCINNATI, OH, 45241

  Registry ID: 110000616986

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• GREEN INDUSTRIES SITEentered 2006-05-30

  Primary law: CERCLA

• GREEN INDUSTRIES SITE- CONSENT DECREEentered 2008-02-12

  Primary law: CERCLA

Timeline (5 milestones)

• 1999-09-27Referred To Dept Of Justice
• 1999-10-20Enforcement Action Data Entered
• 2000-08-07Complaint Filed With Court
• 2007-12-07Final Order Lodged
• 2008-02-12Final Order Entered