EPA v. DAYTON X-RAY SITE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE DAYTON X-RAY SITE CONSISTS OF A 17,000-SQUARE-FOOT BUILDING ON APPROXIMATELY TWO ACRES. THE DAYTON X-RAY COMPANY WAS FOUNDED BY L.W.SAMMONS IN 1939 AND OPERATED IN DAYTON. ON JUNE 7, 1994, THE CITY OF DAYTON FIRE DEPARTMENT INSPECTED THE DAYTON X-RAY SITE AND ISSUED THE FOLLOWING VIOLATIONS TO OWNER JOAN SAMMONS: ABANDONED UNDERGROUND TANK, BUILDINGS NOT SECURED, AND IMPROPER STORAGE OF CORROSIVE LIQUIDS. THEN THE CITY OF DAYTON FIRE DEPARTMENT, OEPA, U.S.EPA INSPECTED THIS SITE AND OBSERVED 75 DRUMS AND CONTAINERS OF WASTE IN NUMEROUS AREAS INSIDE AND OUTSIDE THE BUILDING. A TOTAL OF TEN WASTE SAMPLES WERE COLLECTED FROM DRUMS AND CONTAINERS. A LOT OF HAZARDOUS WERE FOUND. ON APRIL 6, 2001, ONE ORDER PROVIDED FOR PERFORMANCE OF REMOVAL ACTIONS AND REIMBURSEMENT OF RESPONSE COSTS. THE AOC FOR COST RECOVERY AT THIS SITE WAS SIGNED ON APRIL 25, 2006. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, THE RESPONDENT SHALL PAY TO U.S. EPA $20,955.62, PLUS AN ADDITIONAL SUM OF $178.90 FOR INTEREST ON THAT AMOUNT CALCULATED FROM JANUARY 21, 2005 THROUGH JUNE 15, 2005, FOR A TOTAL PAYMENT TO U.S. EPA BY SETTLING PARTY OF $21,134.52.THE RESPONDENT FAILS TO MAKE ANY PAYMENT BY THE REQUIRED DUE DATE, INTEREST SHALL CONTINUE TO ACCRUE ON THE UNPAID BALANCE THROUGH THE DATE OF PAYMENT, AND THE RESPONDENT SHALL BE IN VIOLATION OF THIS AGREEMENT AND SHALL PAY TO U.S. EPA , AS A STIPULATED PENALTY, IN ADDITION TO THE INTEREST, $250 PER VIOLATION PER DAY THAT SUCH PAYMENT IS LATE.

Defendants (1)

• Joan Ruth SammonsNamed in settlement

Facilities (1)

• DAYTON X-RAY SITE

  1150 WEST SECOND ST, DAYTON, OH, 45402

  Registry ID: 110009323080

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• DAYTON X-RAY SITE ADMIN ORDER ON CONSENT (CERCLA)entered 2006-04-25

  Primary law: CERCLA

Timeline (2 milestones)

• 2006-04-25Final Order Issued
• 2006-05-30Enforcement Action Data Entered