EPA v. CRESCENT CLEANERS UNILATERAL ADMIN ORDER (CERCLA)

Case summary

CRESCENT CLEANERS OPERATED A RETAIL CLOTHES DRY CLEANING BUSINESS IN THIS SITE FROM 1933 TO 1985. IN AUGUST 2000, THE ENVIRONMENTAL ASSESSMENT, FINANCED BY THE CITY OF EVANSVILLE, INDICATED THE PRESENCE OF ONE, AND POSSIBLY TWO, UNDERGROUND STORAGE TANKS (USTS) ON THE PROPERTY AND THAT SOILS ON THE SITE WERE CONTAMINATED WITH PCE. IN JANUARY 2002 REALTY ASSET'S ENVIRONMENTAL CONSULTANT REMOVED THE TWO USTS FROM THE SITE AND PERFORMED A LIMITED SUBSURFACE SITE INVESTIGATION. THE INVESTIGATION RESULTS INDICATED THAT PCE IN ONE SOIL SAMPLE WAS DETECTED IN CONCENTRATIONS AS HIGH AS 9,500,000 PPB AND 23,000 PPB IN ONE GROUNDWATER SAMPLE COLLECTED AT THE SITE. ON FEBRUARY 10 AND 11, 2003, PARAGON ENVIRONMENTAL SERVICES, INC. CONDUCTED INDOOR AIR SAMPLING IN TWO RESIDENCES AND A RETAIL MARKET. THE SAMPLE RESULTS SHOWED THE CONCENTRATIONS OF PCE RANGED FROM 81.3 TO 312 MICROGRAMS PER CUBIC METER. IDEM COLLECTED ADDITIONAL INDOOR AIR SAMPLES ON MARCH 19 AND 20, 2003 FROM THE THREE PREVIOUSLY SAMPLED LOCATIONS AND TOOK ADDITIONAL SAMPLE AT LINCOLN ELEMENTAL SCHOOL LOCATED ACROSS THE STREET FROM THE SITE. THE ANALYTICAL RESULTS FROM THIS SAMPLING CONFIRMED THE PRESENCE OF PCE AT EACH OF THE THREE LOCATIONS PREVIOUSLY SAMPLED AND ALSO DETECTED TCE IN ONE OF THE SAMPLES TAKEN AT THE SCHOOL. BASED ON THE FINDINGS OF FACT SET FORTH ABOVE, AND THE ADMINISTRATIVE RECORD SUPPORTING THESE REMOVAL ACTIONS, U.S. EPA DETERMINES THE RESPONDENTS TO CONDUCT REMOVAL ACTIVITIES AND 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 (6)

• CRESCENT CLEANERSNamed in complaintNamed in settlement
• DOROTHY AMOSNamed in complaintNamed in settlement
• JAYNE MANISNamed in complaintNamed in settlement
• MILDRED BOWLESNamed in complaintNamed in settlement
• REALTY ASSET PROPERTIES, LTD.Named in complaintNamed in settlement
• NJBP CO., INC.Named in complaintNamed in settlement

Facilities (1)

• CRESCENT CLEANERS

  668 LINCOLN AVE, EVANSVILLE, IN, 47713

  Registry ID: 110003093330

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CRESCENT CLEANERS UNILATERAL ADMIN ORDER (CERCLA)entered 2005-04-12

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-04-12Final Order Issued
• 2005-04-25Enforcement Action Data Entered