EPA v. SKINNER LANDFILL - COST RECOVERY

Case summary

CIVIL REFERRAL TO INITIATE A COST RECOVERY ACTION PURSUANT TO SECTION 107(A) OF CERCLA TO RECOVER RESPONSE COSTS. THE SITE WAS A FAMILY-OPERATED, CO-DISPOSAL LANDFILL THAT OPERA- TED FROM APPROXIMATELY 1934 UNTIL 1990. SINCE 1982, U.S. EPA HAS INCURRED COSTS IN CONDUCTING RESPONSE ACTIONS AT THE SITE. U.S. EPA'S RESPONSE ACTIVITIES HAVE INCLUDED SAMPLING AND INVESTIGATING THE SITE TO ASSESS THE EXTENT OF CONTAMINA TION, OVERSIGHT OF THE POTENTIALLY RESPONSIBLE PARTIES' (PRPS) IMPLEMENTATION OF A UNILATERAL ADMINISTRATIVE ORDER ISSUED IN DECEMBER OF 1992, FOR CERTAIN RESPONSE ACTIVITIES, OVERSIGHT OF AN ADMINISTRATIVE ORDER ON CONSENT DATED MARCH 29, 1994, FOR THE REMEDIAL DESIGN AT THE SITE, AND ENFORCE- MENT ACTIVITIES INCLUDING NEGOTIATION OF A REMEDIAL ACTION CONSENT DECREE (RA DECREE). U.S. EPA HAS INCURRED APPROXI- MATELY $4,343,479 IN UNREIMBURSED RESPONSE COSTS THROUGH MAY 31, 2000. THE RA DECREE INCLUDES PAYMENT TO THE UNITED STATES OF APPROXIMATELY $1,941, 181, THEREFORE, U.S. EPA'S HAS APPROXIMATELY $2,402,298, IN UNREIMBURSED RESPONSE COSTS AT THE SITE. THE U.S. EPA PROPOSES NAMING ELEVEN DEFENDANTS IN THIS CASE. PLEASE BE AWARE THAT TWO OF THE PROPOSED DEFENDANTS HAVE REFUSED TO SIGN AN EXTENSION TO THE TOLLING AGREEMENT THAT IS CURRENTLY IN PLACE AND WHICH EXPIRES ON SEPTEMBER 30 2000. FOR THIS REASON, U.S. EPA REQUESTS THAT THE DEPART- MENT IMMEDIATELY FILE A COMPLAINT FOR RESPONSE COSTS AGAINST THESE TWO DEFENDANTS TO PRESERVE U.S. EPA'S CLAIMS. THE PROPOSED DEFENDANTS THAT HAVE CHOSEN TO EXTEND THE TOLLING AGREEMENT SHOULD BE AFFORDED THE OPPORTUNITY TO ENGAGE IN SETTLEMENT NEGOTIATIONS PRIOR TO THE FILING OF A COMPLAINT AGAINST THEM FOR RESPONSE COSTS.

Defendants (12)

• ACME WRECKING, INC.Named in complaintNamed in settlement
• AERONCA, INC.Named in settlement
• CLARKE CONTAINER, INC.Named in settlement
• CLARKE INCINERATORS, INC.Named in settlement
• CLARKE SERVICES, INC.Named in settlement
• CLARKE, INC.Named in settlement
• DAVID HIRSCHBERG CO.Named in settlement
• DICK CLARKE CO.Named in settlement
• JOHN F. BUSHELMAN CONSTRUCTION, INC.Named in settlement
• JOHN F. BUSHELMAN TRUSTNamed in settlement
• JOHN J. WHITTON TRUCKING, INC.Named in settlement
• SKINNER LANDFILL - CRNamed in settlement

Facilities (1)

• SKINNER LDFL - COST RECOVERY

  8750 CINCINNATI DAYTON HWY, WEST CHESTER, OH, 45069

  Registry ID: 110009304573

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SKINNER LANDFILL - COST RECOVERYentered 2001-09-21

  Primary law: CERCLA

Timeline (5 milestones)

• 2000-09-21Referred To Dept Of Justice
• 2000-10-11Enforcement Action Data Entered
• 2001-06-29Complaint Filed With Court
• 2001-09-21Final Order Entered
• 2001-09-21Final Order Lodged