EPA v. DAYTON X-RAY

Case summary

THE DAYTON X-RAY SITE CONSISTS OF A 17,000-SQUARE-FOOT BUILD ING ON APPROXIMATELY TWO ACRES. THE DAYTON X-RAY COMPANY WAS FOUNDED BY L.W. SAMMONS IN 1939 AND OPERATED IN DAYTON. ON JUNE 7, 1994, THE CITY OF DAYTON FIRE DEPARTMENT INSPECT- ED THE DAYTON X-RAY SITE AND ISSUED THE FOLLOWING VIOLATIONS TO OWNER JOAN SAMMONS: ABANDONED UNDERGROUND TANK, BUILDINGS NOT SECURED, AND IMPROPER STORAGE OF CORROSIVE LIQUIDS. THEN THE CITY OF DAYTON FIRE DEPARTMENT, OEPA, U.S. EPA INSPECTED THIS SITE AND OBSERVED 75 DRUMS AND CONTAINERS OF WASTE IN NUMEROUS AREAS INSIDE AND OUTSIDE THE BUILDING. A TOTAL OF TEN WASTE SAMPLES WERE COLLECTED FROM DRUMS AND CONTAINERS. A LOT OF HAZARDOUS WERE FOUND. THIS ORDER PROVIDES FOR PERFORMANCE OF REMOVAL ACTIONS AND REIMBURSE- MENT OF RESPONSE COSTS. THE RESPONDENT SHALL PAY ALL OVER- SIGHT COSTS OF THE UNITED STATES RELATED TO THE SITE THAT ARE NOT INCONSISTENT WITH THE NCP. THE RESPONDENT FAIL TO FULLY PERFORM ANY REQUIREMENT OF THIS ORDER, THE RESPONDENT SHALL BE LIABLE AS FOLLOWING: $250 PENALTY PER VIOLATION PER DAY (EACH DAY UP TO 30 DAYS); $500 PENALTY PER VIOLATION PER DAY (EACH DAY FROM 31 TO 60 DAYS); $1,000 PENALTY PER VIOLA- TION PER DAY (EACH DAY OVER 61 DAYS).

Defendants (1)

• DAYTON X-RAYNamed in settlement

Facilities (1)

• DAYTON X-RAY SITE

  1150 WEST SECOND ST, DAYTON, OH, 45407

  Registry ID: 110009323080

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• DAYTON X-RAYentered 2001-04-06

  Primary law: CERCLA

Timeline (2 milestones)

• 2001-04-06Final Order Issued
• 2001-05-14Enforcement Action Data Entered