EPA v. STANDARD PAINT CO. (CERCLA)

Case summary

A SITE OWNED BY STANDARD DETROIT REALTY COMPANY AND OPERATED BY STANDARD DETROIT PAINT COMPANY, BRUCE GOOEL AND RIVERSIDE ORGANICS, INC. ON LYNDON AVENUE IN DETROIT, MICHIGAN CONTAINED MORE THAN 2000 DRUMS OF HAZARDOUS SUBSTANCES IN UNSECURED AND DETERIORATED CONDITIONS. U.S. EPA DETERMINED THAT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT EXISTED AND ON APRIL 6, 2000, ISSUED AN ORDER UNDER SECTION 106 OF CERCLA REQUIRING STANDARD DETROIT REALTY COMPANY, STANDARD DETROIT PAINT COMPANY, RIVERSIDE ORGANICS, INC. TO DISPOSE OF THE HAZARDOUS SUBSTANCES. ON SEPTEMBER 28, 2000, U.S. EPA INFORMED THE RECIPIENTS OF THE CLEANUP ORDER THAT THEY HAD FAILED TO PROPERLY AND PROMPTLY PROVIDE THE REMOVAL ACTIONS REQUIRED BY THAT ORDER. WHILE THE PARTIES HAD INITIATED SOME CLEANUP ACTIVITIES, THEY HAD FAILED TO FOLLOW THE REQUIREMENTS AND THE SCHEDULES IN THE APPROVED WORK PLAN, WHICH WAS AN ENFORCEABLE PART OF THE ORDER. AS A RESULT, U.S. EPA TOOK OVER THE RESPONSE ACTIONS AT THE SITE. U.S. EPA?S ON-SITE CLEANUP WORK CONTINUED UNTIL APPROXIMATELY APRIL 25, 2001, AND THE KEYS TO THE SITE WERE TURNED OVER TO MR. GOOEL ON MAY 2, 2001. OVERALL, U.S. EPA SPENT AT LEAST $2,766,678.22 AT THE SITE. THIS FIGURE INCLUDES AT LEAST $2,456,409.08 SPENT TO COMPLETE THE REMOVAL ACTION AS A RESULT OF THE POTENTIAL DEFENDANTS? FAILURE TO COMPLY WITH THE CLEANUP ORDER. U.S. EPA REQUESTS THAT THE DEPARTMENT OF JUSTICE FILE AN ACTION PURSUANT TO SECTION 107 OF (?CERCLA?), 42 U.S.C. ? 9607, TO RECOVER THE FUNDS EXPENDED BY THE U.S. EPA IN PERFORMING RESPONSE ACTIONS AND OVERSEEING CLEANUP ACTIVITIES AT THE SITE. THOSE FUNDS TOTAL AT LEAST $2,766,678.22. U.S. EPA ALSO REQUESTS THAT THE ACTION SEEK STATUTORY PENALTIES UNDER SECTION 106(B) OF CERCLA, 42 U.S.C. ? 9606(B), AGAINST STANDARD DETROIT REALTY COMPANY AND STANDARD DETROIT PAINT COMPANY FOR THEIR FAILURE TO COMPLY WITH THE CLEANUP ORDER. IN ADDITION, U.S. EPA REQUESTS THAT THE ACTION SEEK TREBLE DAMAGES UNDER SECTION 107(C)(3) OF CERCLA, 42 U.S.C. ? 9607(C)(3), AGAINST STANDARD DETROIT PAINT COMPANY AND STANDARD DETROIT REALTY COMPANY, WHOSE REFUSAL TO COMPLY WITH THE CLEANUP ORDER CAUSED U.S. EPA TO EXPEND AT LEAST $2,456,409.08 TO COMPLETE THE CLEANUP. U.S. EPA ALSO REQUESTS THAT THE DEPARTMENT OF JUSTICE CONSIDER ADDING MR. GOOEL TO THE PENALTY AND TREBLE DAMAGES COUNTS UNDER THE THEORY THAT HE WAS RESPONSIBLE FOR THE ACTIONS OF STANDARD DETROIT PAINT COMPANY AND STANDARD DETROIT REALTY COMPANY.

Defendants (7)

• STANDARD DETROIT PAINT COMPANYNamed in complaint
• STANDARD DETROIT REALTY COMPANYNamed in complaintNamed in settlement
• BRUCE M. GOOELNamed in complaintNamed in settlement
• RIVERSIDE ORGANICS, INC.Named in complaintNamed in settlement
• SDPC, INC.Named in complaintNamed in settlement
• RIVERSIDE PRODUCTS, INC.Named in complaintNamed in settlement
• ROBERT GILLMANNNamed in complaintNamed in settlement

Facilities (1)

• STANDARD PAINT CO.

  8138 LYNDON AVE, DETROIT, MI, 48238-2409

  Registry ID: 110009292933

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• STANDARD PAINT CO. (CERCLA)entered 2005-11-07

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-03-25Referred To Dept Of Justice
• 2004-04-05Enforcement Action Data Entered
• 2004-04-16Complaint Filed With Court
• 2005-08-08Final Order Lodged
• 2005-11-07Final Order Entered