EPA v. EQ RESOURCE RECOVERY FIRE ADMIN SETTLEMENT AND ORDER (CERCLA)

Case summary

THE RESPONDENT, EQ RESOURCE RECOVERY INC., AMONG OTHER ACTIVITIES, CONDUCTS FUEL BLENDING AND SOLVENT RECYCLING AT ROMULUS WHICH IS A SUBURB OF DETROIT ABOUT TWO MILES NORTH OF DETROIT METROPOLITAN AIRPORT. ON AUGUST 9, 2005, THE FACILITY HAD APPROXIMATELY 50 ABOVE-GROUND STORAGE TANKS RANGING IN SIZES UP TO 20,000 GALLONS CONTAINING VARIOUS PRODUCTS, INCLUDING HAZARDOUS SUBSTANCES, AND APPROXIMATELY 400 DRUMS OF VARIOUS PRODUCTS, INCLUDING HAZARDOUS SUBSTANCES. ON AUGUST 9, 2005, A FIRE AND EXPLOSION OCCURRED AT THE SITE. MARY OF THE ABOVE-GROUND STORAGE TANKS WERE IMPACTED BY THE FIRE/EXPLOSION. IN ADDITION, A DRUM PAD WITH OVERHEAD CANOPY AND MANY OF THE DRUMS WERE DESTROYED DURING THIS FIRE. SMOKE FROM THE FIRE REACHED NEARBY RESIDENTIAL AREAS. ON AUGUST 11, 2005, RESPONDENT MOBILIZED EQUIPMENT TO EXTINGUISH REMAINING FIRES AND INITIATE CLEAN UP ACTIVITIES. RESPONDENT DEPLOYED COFFER DAMS UPSTREAM AND DOWNSTREAM OF THE SITE TO CONTAIN ANY POTENTIAL RUN OFF. ON AUGUST 23, 2005, U.S. EPA ISSUED A VERBAL CERCLA GENERAL NOTICE OF POTENTIAL LIABILITY UNDER CERCLA, WITH WRITTEN CONFIRMATION, TO RESPONDENT. THE GENERAL NOTICE SOUGHT RESPONDENT'S COMMITMENT TO PERFORM THE REMOVAL AND REIMBURSE U.S. EPA ITS COSTS INCURRED IN CONNECTION WITH THE SITE. ON AUGUST 25, 2005, RESPONDENT RESPONDED, INDICATING THAT IT DID WISH TO PERFORM OR FUND THE NECESSARY REMOVAL ACTION AT THE FACILITY. THE REGIONAL ADMINISTRATOR OF U.S. EPA REGION 5, OR HIS DELEGATEE, HAS DETERMINED THAT THE TOTAL PAST AND PROJECTED RESPONSE COSTS OF THE UNITED STATES AT OR IN CONNECTION WITH THE SITE WILL NOT EXCEED $400,000, EXCLUDING INTEREST. BASED UPON THE FOREGOING FINDINGS OF FACT, CONCLUSIONS OF LAW, DETERMINATIONS, AND THE ADMINISTRATIVE RECORD FOR THIS SITE, IT IS HEREBY ORDERED AND AGREED THAT RESPONDENT SHALL COMPLY WITH ALL PROVISIONS OF THIS SETTLEMENT AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ALL ATTACHMENTS TO THIS SETTLEMENT AGREEMENT AND ALL DOCUMENTS INCORPORATED BY REFERENCE INTO THIS SETTLEMENT AGREEMENT. WITHIN 30 DAYS AFTER THE EFFECTIVE DATE, RESPONDENT SHALL PAY TO U.S. EPA $34,843.93 FOR PAST RESPONSE COSTS, AND SHALL PAY U.S. EPA ALL FUTURE RESPONSE COSTS NOT INCONSISTENT WITH THE NCP. RESPONDENT SHALL BE LIABLE TO U.S. EPA FOR STIPULATED PENALTIES IN THE AMOUNTS FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SETTLEMENT AGREEMENT. RESPONDENT SHALL ALSO PAY INTEREST ON THE UNPAID BALANCE.

Defendants (1)

• EQ RESOURCE RECOVERY INC.Named in complaintNamed in settlement

Facilities (1)

• EQ RESOURCE RECOVERY FIRE

  36345 VAN BORN RD, ROMULUS, MI, 48174-4057

  Registry ID: 110000406132

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery
• CERCLA 120E — Federal Facility Interagency Agreement
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• EQ RESOURCE RECOVERY FIRE AOC (CERCLA)entered 2005-10-20

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-10-20Final Order Issued
• 2005-11-09Enforcement Action Data Entered