EPA v. SMITH CHEMICAL ADMIN ORDER ON CONSENT - AEP INDUSTRIES (CERCLA)

Case summary

THE SITE IS A FOUR-STORY, BRICK BUILDING, INCLUDING A BASEMENT . APPROXIMATELY 300 TO 400 OF THE DRUMS ON THE SITE ARE BELIEVED TO CONTAIN HAZARDOUS WASTES . ON JANUARY 22, 2004, A U.S. EPA CONTRACTOR, TETRA TECH EMI, TOOK A GRAB SAMPLE OF MATERIAL FROM ONE OF THE HD 300 DRUMS AT THE SITE. AN ANALYTICAL REPORT DATED FEBRUARY 10, 2004, INDICATED THAT THE SAMPLE CONTAINED A NUMBER OF CHEMICAL CONSTITUENTS, INCLUDING CHROMIUM, NICKEL, PHOSPHORUS, SODIUM, ZINC, DELTA BHC, BENZOIC ACID, ACETONE, CHLOROFORM, AND METHYL ETHLY KETONE . BASED UPON THE FOREGOING FINDINGS OF FACT, RESPONDENT, AEP INDUSTRIES, INC ., SHALL PERFORM THE REMOVAL ACTIVITIES OF THIS ORDER . RESPONDENT, AEP INDUSTRIES, INC ., SHALL PAY U.S. EPA ALL FUTURE RESPONSE COSTS REGARDING IMPLEMENTATION OF THIS ORDER NOT INCONSISTENT WITH THE NCP. RESPONDENT, AEP INDUSTRIES, INC ., FAILS TO FULLY PERFORM ANY REQUIREMENT OF THIS ORDER IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED PURSUANT TO THIS ORDER, RESPONDENT SHALL BE LIABLE AND SHALL HAVE STIPULATED PENALTIES.

Defendants (1)

• AEP INDUSTRIES, INC.Named in settlement

Facilities (1)

• SMITH CHEMICAL SUPERFUND SITE

  1221 3RD ST NE, CANTON, OH, 44704

  Registry ID: 110016716124

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• SMITH CHEMICAL AOC - AEP INDUSTRIESentered 2004-03-16

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-03-16Final Order Issued
• 2004-03-26Enforcement Action Data Entered