EPA v. SOUTH BEND LATHE - CONSENT DECREE (CERCLA)

Case summary

On July 30, 2010 the United States of America, on behalf of the Administrator of the US EPA, filed a complaint against ARG Corporation in this matter pursuant to Section 107 of CERCLA, seeking reimbursement of response costs incurred or to be incurred for response actions taken in connection with the release of hazardous substances at the South Bend Lathe site in South Bend, Indiana. Further, the US alleged that Norbert Toubes was individually liable pursuant to INDIANA CODE 23-1-45-7(d) for the amount of ARG's assests that were distributed to him upon ARG's liquidation. On June 17, 2013, the US sought leave to amend its compliant. On July 17, 2014, the US, ARG, Toubes, and the city of South Bend entered into a mediation session. As a result of this session, they reached an agreement in principle embodied in this Consent Decree.

Defendants (2)

• ARG CorpNamed in complaintNamed in settlement
• Norbert ToubesNamed in settlement

Facilities (1)

• SOUTH BEND LATHE

  400 W. SAMPLE ST., SOUTH BEND, IN, 46601-2837

  Registry ID: 110035864865

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SOUTH BEND LATHE - CONSENT DECREE (CERCLA)entered 2015-02-24

  Primary law: CERCLA

Timeline (6 milestones)

• 2008-03-25Referred To Dept Of Justice
• 2008-04-09Enforcement Action Data Entered
• 2010-07-30Complaint Filed With Court
• 2014-12-23Supplemental Referral-Adding parties, counts
• 2015-01-07Final Order Lodged
• 2015-02-24Final Order Entered