EPA v. WARREN RECYCLING UNILATERAL ADMIN ORDER (CERCLA)

Case summary

WARREN RECYCLING, INC., AND WARREN HILLS LLC, OWN AND OPERATE THE WARREN RECYCLING SITE. THE SITE OCCUPIES APPROXIMATELY 200 ACRES, WHICH IS IN CLOSE PROXIMITY TO RESIDENTIAL AREAS AND SCHOOLS. SINCE 1994, THE SITE HAS OPERATED AS A CONSTRUCTION AND DEMOLITION LANDFILL. IN THE FALL OF 2001, THE OHIO ENVIRONMENTAL PROTECTION AGENCY FREQUENTLY RECEIVED CITIZEN COMPLAINTS OF ODOR AND HEALTH PROBLEM FROM THE AREAS SURROUNDING THE SITE. IN 2002, U.S. EPA CONDUCTED INDOOR AND OUTDOOR AIR MONITORING FOR H2S AT SEVEN RESIDENTIAL LOCATIONS. H2S IN THE AIR WAS DETECTED AT LEVELS UP TO 6.1 PARTS PER MILLION IN AIR OUTSIDE THE HOUSES AND 38 PARTS PER BILLION INSIDE. ON APRIL 30, 2004, U.S. EPA COLLECTED TWO TEDLAR BAGS FROM RESIDENTIAL COMMUNITIES NEAR THE FACILITY. ANALYTICAL RESULTS SHOWED CONCENTRATIONS OF HYDROGEN SULFIDE AT .06PPM, DIMETHYL SULFIDE AT .53PPM, DIMETHYL DISULFIDE AT .18PPM, METHYL MERCAPTAN AT .75PPM, AND N-BUTYL MERCAPTAN AT .083PPM. ON OCTOBER 4, 2004, U.S. EPA ISSUED A GENERAL NOTICE OF POTENTIAL LIABILITY TO RESPONDENTS. ON NOVEMBER 2, 2004, AND DECEMBER 29, 2004, U.S. EPA ISSUED A PROPOSED ADMINISTRATIVE ORDER BY CONSENT TO RESPONDENTS. NOW U.S. EPA REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL ACTIVITIES, AND 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 $32,500 PER VIOLATION PER DAY.

Defendants (2)

• WARREN RECYCLING, INC.Named in complaintNamed in settlement
• WARREN HILLS, INCNamed in complaintNamed in settlement

Facilities (1)

• WARREN RECYCLING

  300 MARTIN LUTHER KING DRIVE SW, WARREN, OH, 44485-3013

  Registry ID: 110008581542

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• WARREN RECYCLING UNILATERAL ADMIN ORDER (CERCLA)entered 2005-02-09

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-02-09Final Order Issued
• 2005-02-24Enforcement Action Data Entered