EPA v. CENTURY 21 PAINT, INC.

Case summary

THIS WAS AN EMERGENCY REMOVAL AT THE CENTURY 21 PAINT, INC. SITE PERFORMED BY THE SUPERFUND EMERGENCY RESPONSE BRANCH. THE SITE IS A PAST TIME WHOLESALE AND RECYCLING FACILITY LOCATED ON APPROXIMATELY THREE ACRES. THE SITE WAS ACTIVE AT THE TIME OF THE RESPONSE. ON AUGUST 9, 1998, A LARGE FIRE OCCURRED AT THE SITE. THERE WERE MANY AUTHORITIES WHO RESPONDED TO THE FIRE. THERE WERE NINE FIRE DEPARTMENTS, FOUR AMBULANCES, AND SEVERAL POLICE AUTHORITIES INCLUDING THE OHIO STATE HIGHWAY PATROL. THE OHIO ENVIRONMENTAL PRO- TECTION AGENCY REQUESTED THE U.S. EPA'S ASSISTANCE BECAUSE OF THE SMOLDERING POCKETS OF PAINT DEBRIS AND THE RESULTING RUNOFF LEFT BEHIND AFTER THE FIRE WAS EXTINGUISHED. SUBSE- QUENTLY, U.S. EPA CONDUCTED ANALYSES OF THE THREAT TO THE NEARBY BEARS DEN RUN, A TRIBUTARY TO THE MAHONING RIVER WHICH EMPTIES INTO THE OHIO RIVER AND FOUND MERIT FOR AN EMERGENCY REMOVAL. THE SETTLING PARTY TO THIS AGREEMENT WILL PAY THE EPA HAZARDOUS SUBSTANCE SUPERFUND $120,000 IN REIMBURSEMENT OF PAST COSTS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT. THE BALANCE OF THE RESPONSE COSTS INCURRED BY U.S. EPA WILL BE CLOSED-OUT. A COST RECOVERY CLOSE-OUT (OF REMOVAL ACTION COSTS) MEMORANDUM REFLECTING A BALANCE OF $306,184.09 CALCULATED AS OF MAY 7, 2001 WILL BECOME PART OF THE ENFORCEMENT FILE AFTER A WRITTEN NOTICE IS ISSUED THAT THE PUBLIC COMMENT PERIOD HAS CLOSED.

Defendants (1)

• CENTURY 21 PAINT, INC.Named in settlement

Facilities (1)

• CENTURY 21 PAINT

  166 S MERIDIAN RD, AUSTINTOWN, OH, 44515

  Registry ID: 110006427919

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• CENTURY 21 PAINT, INC.entered 2001-07-03

  Primary law: CERCLA

Timeline (2 milestones)

• 2001-07-03Final Order Issued
• 2001-07-17Enforcement Action Data Entered