EPA v. MONROE STREET SITE UNILATERAL ADMIN ORDER (CERCLA)

Case summary

APPROXIMATELY 18 DIFFERENT BUSINESSES OCCUPIED THE SITE BETWEEN 1948 AND 2000. HISTORICAL USES OF THE SITE HAVE INCLUDED MACHINE REBUILDING, SALT STORAGE, WASTE MATERIAL HANDLING, AND COATING REMOVAL SUCH AS PAINT STRIPPING AND RUST REMOVAL. THE MOST RECENT OPERATOR, BROOK ENTERPRISE, INC., CONDUCTED PARTS AND AUTOMOBILE STRIPPING, POWER BLASTING, AND COATINGS REMOVAL OPERATIONS FROM 1991 TO 2000. ON JANUARY 2, 2003, U.S. EPA FOUND APPROXIMATELY ONE HUNDRED AND SEVENTY 55-GALLON DRUMS INSIDE AND OUTSIDE THE BUILDING, 39 OF WHICH CONTAINED LIQUIDS, INCLUDING ACIDS, CORROSIVES, AND SOLVENTS. NUMEROUS SMALL CONTAINERS HAD FLAMMABLE LIQUID/SLUDGE OR PAINT-RELATED MATERIAL. ANALYTICAL RESULTS INDICATED THE PRESENCE OF CORROSIVE AND IGNITABLE HAZARDOUS WASTE. IN JULY, 2003, U.S. EPA ISSUED AN ACTION MEMORANDUM AND SENT AN INFORMATION REQUEST TO PRPS. IN NOVEMBER AND DECEMBER 2003, U.S. EPA ISSUED GENERAL NOTICE TO MONROE FOUR CO-PARTNERSHIP AND BROOK ENTERPRISE, INC., OFFERING EACH THE OPPORTUNITY TO ENTER INTO AN AOC TO PERFORM OR FINANCE RESPONSE ACTIVITIES AT THE SITE. EACH RESPONDENT DECLINED THE OPPORTUNITY TO ENTER INTO AN AOC TO CLEAN UP THE SITE. BASED UPON THE FOREGOING FINDINGS OF FACT, U.S. EPA HEREBY ORDERS THAT RESPONDENTS PERFORM REMOVAL ACTIONS. RESPONDENTS SHALL REIMBURSE U.S. EPA, UPON WRITTEN DEMAND, FOR ALL RESPONSE COSTS INCURRED BY THE UNITED STATES IN OVERSEEING RESPONDENTS' IMPLEMENTATION OF THE REQUIREMENTS OF THIS ORDER. VIOLATION OF ANY PROVISION OF THIS ORDER MAY SUBJECT RESPONDENTS TO CIVIL PENALTIES OF UP TO $27,500 PER VIOLATION PER DAY.

Defendants (2)

• MONROE FOUR CO-PARTNERSHIPNamed in complaintNamed in settlement
• BROOK ENTERPRISE INCNamed in complaintNamed in settlement

Facilities (1)

• TAYLOR 6850 MONROE ROAD

  6850 MONROE STREET, TAYLOR, MI, 48180

  Registry ID: 110014404493

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MONROE STREET SITE UAOentered 2004-01-29

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-01-29Final Order Issued
• 2004-02-06Enforcement Action Data Entered