EPA v. MASTER WEAR UNILATERAL ADMIN ORDER (CERCLA)

Case summary

MASTERWEAR WAS A FORMER INDUSTRIAL LAUNDRY AND DRY CLEANING BUSINESS FROM THE LATE 1980'S TO THE MID 1990'S. DURING THAT TIME LOCAL AND STATE OFFICIALS RECEIVED COMPLAINTS ABOUT IMPROPER DRUM STORAGE, DETERIORATED DRUMS, SPILLS AND RESPONDED TO TWO FIRES. THE CITY OF MARTINSVILLE FIRE DEPARTMENT CONDUCTED NUMEROUS INSPECTIONS AND CITED NUMEROUS PROBLEMS. THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM) CONDUCTED AN INVESTIGATION ON 12/03/1991 IN RESPONSE TO AN ANONYMOUS COMPLAINT, AND FOUND A LOT OF PERCHLOROETHYLENE DRUMS ON OR AROUND THE PROPERTY WITH NO LABELS AND NO LIDS. THE IDEM TESTED DRINKING WATER WELLS IN THE SPRING OF 2003 AND FOUND THE CONCENTRATIONS OF TETRACHLOROETHYLENE ABOVE THE SAFE DRINKING WATER ACT MAXIMUM CONTAMINANT LEVEL. U.S. EPA CONDUCTED A SITE INSPECTION IN THE FORM OF AIR SAMPLING ON SEPTEMBER 25, 2003, OCTOBER 23, 2003, DECEMBER 15, 2003, AND FEBRUARY 3, 2004 AND FOUND VAPORS OF PERCHLOROETHYLENE IN HOMES AND BUSINESSES IN AREAS SAMPLED ABOVE THE IDEM SUB-CHRONIC ACTION LEVEL OF 110 UG/M3. BASED ON THE FINDINGS OF FACT SET FORTH ABOVE, U.S. EPA HEREBY ORDERS THAT RESPONDENTS, WILLIAM CURE AND JAMES A. REED, PERFORM THE 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 $32,500 PER VIOLATION PER DAY.

Defendants (2)

• JAMES A REEDNamed in complaintNamed in settlement
• WILLIAM CURENamed in complaintNamed in settlement

Facilities (1)

• PIKE AND MULBERRY STREETS PCE PLUME

  INTERSECTION OF PIKE AND MULBERRY STREET, MARTINSVILLE, IN, 46151

  Registry ID: 110046487128

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MASTER WEAR UNILATERAL ADMIN ORDER (CERCLA)entered 2004-04-19

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-04-19Final Order Issued
• 2004-05-06Enforcement Action Data Entered