EPA v. PRODUCTION PLATING - VALENTINE INVESTMENTS, L.L.C. (CERCLA)

Case summary

ON OCTOBER 12, 1999, A FIRE DESTOYED AN ELECTROPLATING AND METAL FINISHING FACILITY LOCATED AT 23120 GRATIOT AVENUE IN EASTPOINTE, MICHIGAN. THE PROPERTY IS CURRENTLY OWNED AND WAS OWNED AT THE TIME OF THE FIRE BY VALENTINE INVESTEMENTS, L.L.C. (VALENTINE). VALENTINE LEASED THE PROPERTY TO PRO- DUCTION PLATING, INC. (PLATING) AND PLATING CONDUCTED THE METAL FINISHING OPERATIONS AT THE FACILITY. AS A RESULT OF THE FIRE, HAZARDOUS SUBSTANCES USED IN THE PLATING PROCESS WERE RELEASED. ON THE DAY OF THE FIRE, PLAT ING RETAINED M.L. CHARTIER, INC. (CHARTIER), AN ENVIRON- MENTAL CONTRACTOR, TO CONDUCT CLEANUP OPERATIONS AT THE FACILITY. HOWEVER, BEFORE THE CLEANUP WAS COMPLETED, CHAR- TIER ABANDONED ITS CLEANUP OPERATIONS BECAUSE IT RECEIVED NO PAYMENT FOR ITS SERVICES. AFTER CHARTIER DISCONTINUED ITS CLEANUP OPERTIONS, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER UNDER SECTION 106 OF CERCLA, 42 U.S.C.  9606, TO VALENTINE AND PLATING REQUIR ING THEM TO COMPLETE THE CLEANUP ACTIVITIES. VALENTINE AND PLATING INFORMED THE REGION THAT THEY COULD NOT PERFORM THE WORK REQUIRED BY THE ORDER DUE TO FINANCIL CONSTRAINTS. SUBSEQUENTLY, EPA CONDUCTED A REMOVAL AT THE FACILITY NOW KNOWN AS THE PRODUCTION PLATING FIRE SUPERFUND SITE (THE SITE). EPA WAS NAMED AS A DEFENDANT IN AN INTERPLEADER CASE FILED BY TRANSPORATION INSURANCE COMPANY IN STATE COURT ON DECEM- BER 13, 1999. OTHER DEFENDANTS NAMED BY TRANSPORTATION INSURACE INCLUDE VALENTINE, PLATING, CHARTIER, JONATHAN EGLE PAULETTE EGLE, AND THE CITY OF EASTPOINTE. DOJ REMOVED THE CASE TO THE FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN ON JANUARY 11, 2000. THE REGION REFERRED A COST RECOVERY CASE TO DOJ ON FEBRUA- RY 10, 2000. DOJ FILED A CROSS CLAIM FOR COST RECOVERY AGAINST VALENTINE AND PLATING ON BEHALF OF EPA ON FEBRUARY 29, 2000, AND AMENDED THE CROSS CLAIMS TO ADD JONATHAN EGLE AS CROSS CLAIM DEFENDANTS ON OCTOBER 10, 2000. VALENTINE FILED A VOLUNTARY PETITION FOR BANKRUPTCY IN U.S. BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN ON OCTOBER 1, 2001 UNDER CHAPTER 11 OF THE U.S. BANKRUPTCY CODE, BANKRUPTCY PETITION ON. 01-58864. VALENTINE, THE CURRENT OWNER OF THE SITE PROPERTY AND ALSO THE OWNER AT THE TIME OF THE FIRE, IS LIABLE TO THE UNITED STATES FOR ALL RESPONSE COSTS INCURRED BY THE UNITED STATES IN CONNECTION WITH THE SITE. AS OF JULY 31, 2001, EPA HAS INCURRED $781,235.90 IN RESPONSE COSTS FOR THE SITE.

Defendants (1)

• VALENTINE INVESTMENTS, L.L.C.Named in complaintNamed in settlement

Facilities (3)

• PRODUCTION PLATING FIRE SITE

  23120 GRATIOT AVE., EASTPOINTE, MI, 48021

  Registry ID: 110000404544

• PRODUCTION PLATING INCORPORATED

  23120 GRATIOT AVE., EASTPOINTE, MI, 48021

  Registry ID: 110000404544

• VALENTINE INVESTMENTS, L.L.C.

  23120 GRATIOT AVE, EAST DETROIT, MI, 48021

  Registry ID: 110045461987

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• PRODUCTION PLATING - VALENTINE INVESTMENTS, L.L.C. (CERCLA)entered 2004-10-27

  Primary law: CERCLA

Timeline (6 milestones)

• 2002-01-17Referred To Dept Of Justice
• 2002-01-31Complaint Filed With Court
• 2002-02-05Enforcement Action Data Entered
• 2004-10-27Final Order Entered
• 2004-10-27Final Order Lodged
• 2008-01-25Enforcement Action Closed