EPA v. ORBIT ENTERPRISES CONSENT DECREE (CERCLA)

Case summary

THIS REFERRAL REQUESTS THAT THE UNITED STATES FILE A COST RECOVERY ACTION, PURSUANT TO SECTION 107 OF THE COMPREHEN- SIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTION OF 1986, PUBLIC LAW 99-499 ( CERCLA ) , 42 U.S.C. 9607, SEEKING RECOVERY OF AT LEAST $355,891.00 OF CERCLA FUNDS THAT THE UNITED STATES ENVIRONMENTAL PROTEC- TION AGENCY ( EPA ) HAS EXPENDED FOR RESPONSE ACTIONS AT THE ORBIT ENTERPRISES SITE, LOCATED IN CALHOUN COUNTY, MICHIGAN (THE ORBIIT SITE ). THE DEFENFANTS TO THIS ACTION WOULD BE THE ESTATES OF TWO SITE OWNERS: DONALD E. WALTER AND HIS WIFE, CHARLOTTE WALTER. MR. AND MRS. WALTER, AT THE TIME OF THEIR DEATHS ON NOVEMBER 25, 2000, AND FOR SEVERAL YEARS PREVIOUS, OWNED VARIOUS PARCELS OF PROPERTY THAT CONSTITUTE THE ORBIT SITE. THE ORBIT ENTERPRISES SITE IS LOCATED AT 344 THROUGH 368 E BURNHAM STREET IN BATTLE CREEK, CALHOUN COUNTY, MICHIGAN, 49105. THE SITE IS TWO ACRES IN SIZE. THERE ARE TWELVE INTERCONNECTED BRICK INDUSTRIAL BUILDINGS ON SITE. THE ON- SITE BUILDINGS ARE IN POOR CONDITION. PARTS OF THE BUILDING COMPLEX ARE COLLAPSING OR HAVE ALREADY COLLAPSED. THE ROOFS LEAK OR ARE MISSING IN MOST AREAS. THE ORBIT ENTERPRISES SITE WAS BUILT IN THE EARLY 1900S BY U.S. REGISTER COMPANY, WHICH OPERATED AT THE FACILITY UNTIL 1981 AS A MANUFACTURER OF FURNACE REGISTERS. SINCE 1991, THE SITE WAS OWNED BY DONALD E. AND CHARLOTTE WALTER. THE SITE WAS USED BY MR. WALTER FOR HIS ORBIT ENTERPRISES BUSINESS AND FOR STORAGE OF VARIOUS VEHICLES, EQUIPMENT, APPLIANCES, AND OTHER ITEMS ACCUMULATED FROM VARIOUS REMODEL ING AND CONSTRUCTION JOBS. BUILDING 17 IS LEASED BY MR. PAUL SENSEMAN, WHO RESTORES AND SELLS OLDER MODEL AUTO- MOBILES AND TRUCKS. THE REMAINDER OF THE BUILDING IS USED FOR STORAGE OF AUTOMOBILES, TRUCKS, VANS, BUSES, DOORS, WINDOWS, OLD EQUIPMENT, AND MISCELLANEOUS ITEMS. DURING THE LAST WEEK OF AUGUST 1999, U.S. EPA CONDUCTED A SITE ASSESSJMENT AT THE SITE. DURING THE SITE ASSESSMENT, U.S. EPA OBSERVED TWO TANKS OF NUMEROUS 55-GALLON DRUMS AND OTHER MISCELLANEOUS CONTAINERS OF HAZARDOUS AND POTENTIALLY HAZARDOUS SUBSTANCES THROUGHOUT THE BUILDING COMPLEX. THE U.S. EPA OBSERVED THE LARGEST DRUM STORAGE AREA IN BUILDING 11, WHICH CONTAINED MORE THAN 170 DRUMS. MOST OF THE DRUMS WERE FOUND TO BE FULLY OR PARTIALLY FULL. THERE WAS EVIDENCE OF TRESPASSERS, WHICH HAD RESULTED IN SPILLED LIQUID IN BUILDING 11. ANALYSIS OF MATERIAL IN THE ON-SITE DRUMS AND TANKS CONFIRMED THE EXISTENCE OF BENZENE, ETHYL- BENZENE, P-ISOPROPYLTOLUENE, NAPHTHALENE, TOLUENE, 1,2,4-TRI METHYLBENZENE, 1,3,5-TRIMETHYLBENZENE, AND XYLENE AT THE SITE. BUILDING 11 CONTAINED A PAINT BOOTH TROUGH. U.S. EPA ANALYZED PAINT CHIPS FROM THIS AREA AND FOUND BOTH LEAD AND LOW LEVELS OF MERCURY. U.S. EPA ANALYZED PAINT CHIPS COLLECTED FROM THE SECOND FLOOR OF BUILDING 2 AND ALSO FOUND LEAD. SEVERAL THERMOSTAT SWITCHES IN THE BUILDING COMPLEX CONTAINED METALLIC MERCURY. THE U.S. EPA OBSERVED PCB-CON- TAINING LIGHT FIXTURE BALLASTS ON-SITE. THE U.S. EPA OBSERVED FRIABLE ASBESTOS IN PIPE INSULATION IN SEVERAL LOCA TIONS ON SITE. THE EPA'S EFFORTS TO INITIATE A CLEAN-UP PERFORMED AND FINANCED BY THE POTENTIALLY RESPONSIBLE PARTIES (PRPS) AT THE SITE WERE UNSUCCESSFUL, AS WERE EFFORTS TO PERSUADE MR. AND MRS. WALTER TO RESPOND TO INFORMATION REQUESTS MADE PUR- SUANT TO SECTION 104(E) OF CERCLA THAT WOULD HAVE DOCUMENTED THE WALTERS' ABILITY OR INABILITY TO PAY FOR THE REQUIRED RESPONSE ACTIONS. THE ONLY OTHER NAMED POTENTIALLY RESPONSI BLE PARTIES AT THE SITE ARE MR. PAUL SENSEMAN, WHO LEASED ONE BUILDING OF THE SITE FROM THE WALTERS, AND S.A. INDUSTRI ES, WHO OPERATED A SCREW-MANUFACTUR

Defendants (4)

• ESTATE OF CHARLOTTE A. WALTERNamed in complaintNamed in settlement
• ESTATE OF DONALD E. WALTERNamed in complaintNamed in settlement
• PAUL SENSEMAN
• S.A. INDUSTRIES, INC.

Facilities (1)

• ORBIT ENTERPRISES

  344 EAST BURNHAM, BATTLE CREEK, MI, 49015

  Registry ID: 110009292906

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ORBIT ENTERPRISES CDentered 2003-07-30

  Primary law: CERCLA

Timeline (5 milestones)

• 2001-07-24Referred To Dept Of Justice
• 2001-10-10Enforcement Action Data Entered
• 2002-08-09Complaint Filed With Court
• 2003-05-16Final Order Lodged
• 2003-07-30Final Order Entered