EPA v. QUEEN CITY BARREL COMPANY ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE QUEEN CITY BARREL SITE CONSISTS OF A 400,000-SQUARE-FOOT WAREHOUSE BUILDING, COMMONLY REFERRED TO AS THE LAWSON BUILDING . E. PAUL CORPORATION OWNS THE BUILDING. SINCE AT LEAST 1998, QUEEN CITY BARREL COMPANY HAS LEASED THE BUILDING AND USED IT FOR DRUM AND CONTAINER STORAGE, FIBER DRUM RECONDITIONING, AND EQUIPMENT AND MAINTENANCE STORAGE. ON AUGUST 19, 2004, A FIRE IGNITED IN THE LAWSON BUILDING. AT THE TIME OF THE FIRE, THE WAREHOUSE CONTAINED THOUSANDS OF FIBER, PLASTIC, AND METAL DRUMS AND OTHER CONTAINERS. THE FIRE ENGULFED THE BUILDING AND BLANKETED THE HEAVILY INDUSTRIAL AREA WEST OF INTERSTATE 75 IN HEAVY SMOKE. EXPLOSIONS WERE HEARD EVERY FEW MINUTES FROM INSIDE THE BUILDING, WHICH BEGAN TO COLLAPSE AFTER THREE HOURS OF THE FIRE. ON AUGUST 20, 2004, U.S. EPA AIR MONITORING TEAMS CONDUCTED AIR SAMPLING ON THE EAST OF THE FIRE, WHATELEY STREET AND DETECTED THE FOLLOWING CHEMICALS: ACETONE, 2-BUTANONE, BENZENE, TOLUENE, AND XYLENE. THE WATER SAMPLES WERE LABORATORY ANALYZED AND DETECTED THE FOLLOWING CHEMICALS: 2-PROPANONE, 2-BUTANONE, BENZENE, TRICHOLOROETHENE, AND TOLUENE. ON AUGUST 24, 2004, THE U.S. EPA SAMPLED TWO DRUMS LOCATED ADJACENT TO THE FIRE AREA. LABORATORY RESULTS INDICATED THAT THE SAMPLE DENOTED AS LAWSON BUILDING HAD A PH=2.2. BASED UPON THE FOREGOING FINDINGS OF FACT, THIS ORDER PROVIDES FOR THE PERFORMANCE OF REMOVAL ACTIONS BY RESPONDENTS AND REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTION WITH THE PROPERTY. RESPONDENTS SHALL BE LIABLE TO U.S. EPA FOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER.

Defendants (2)

• QUEEN CITY BARREL COMPANYNamed in complaintNamed in settlement
• E. PAUL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• QUEEN CITY BARREL COMPANY

  1937 SOUTH ST, CINCINNATI, OH, 45204

  Registry ID: 110001625830

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• QUEEN CITY BARREL COMPANY ADMIN ORDER ON CONSENT (CERCLA)entered 2004-12-09

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-12-09Final Order Issued
• 2004-12-17Enforcement Action Data Entered