EPA v. OHIO DRUM RECONDITIONING ADMIN ORDER ON CONSENT (CERCLA)

Case summary

WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, THE SETTLING PARTIES, C. DESANTIS PAINT MANUFACTURING COMPANY, CITY BARREL & DRUM COMPANY, ELMER FREIBERG, DAVID TVERT, AND CUYAHOGA CHEMICAL COMPANY, SHALL PAY TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND IN REIMBURSEMENT OF PAST RESPONSE COSTS, AS FOLLOWS: C. DESANTIS PAINT MANUFACTURING COMPANY SHALL PAY $500; CITY BARREL & DRUM COMPANY SHALL PAY THE TOTAL SUM OF $5,000; CUYAHOGA CHEMICAL COMPANY SHALL PAY $100; ELMER FREIBERG SHALL PAY $500; DAVID TVERT SHALL PAY $10,000; AND ELMER FREIBERG AND DAVID TVERT AGREE THAT THE PROCEEDS FROM THE SALE OF THE SITE SHALL BE PAID TO EPA. IN THE EVENT THAT ANY PAYMENT IS NOT MADE WHEN DUE, INTEREST SHALL CONTINUE TO ACCRUE ON THE UNPAID BALANCE THROUGH THE DATE OF PAYMENT AND SETTLING PARTIES SHALL PAY TO EPA, AS A STIPULATED PENALTY, IN ADDITION TO THE INTEREST, $500 PER VIOLATION PER DAY THAT SUCH PAYMENT IS LATE. IN ADDITION TO THE INTEREST AND STIPULATED PENALTY PAYMENT, ANY SETTLING PARTY WHO FAILS OR REFUSES TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT SHALL BE SUBJECT TO ENFORCEMENT ACTION. IF THE UNITED STATES, ON BEHALF OF EPA, BRINGS AN ACTION TO ENFORCE THIS AGREEMENT, SETTLING PARTIES SHALL REIMBURSE THE UNITED STATES FOR ALL COSTS OF SUCH ACTION, INCLUDING BUT NOT LIMITED TO COSTS OF ATTORNEY TIME.

Defendants (5)

• C DESANTIS PAINT MANUFACTURING COMPANYNamed in complaintNamed in settlement
• CITY BARREL AND DRUM COMPANYNamed in complaintNamed in settlement
• ELMER FREIBERGNamed in complaintNamed in settlement
• DAVID TVERTNamed in complaintNamed in settlement
• CUYAHOGA CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• OHIO DRUM RECONDITIONING

  3967 PEARL RD, CLEVELAND, OH, 44109

  Registry ID: 110004601841

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• OHIO DRUM RECONDITIONING AOCentered 2003-08-05

  Primary law: CERCLA

Timeline (2 milestones)

• 2003-08-05Final Order Issued
• 2003-08-26Enforcement Action Data Entered