EPA v. BAYCOTE METAL FINISHING UNILATERAL ADMIN ORDER (CERCLA)

Case summary

The site is a closed electroplating and steel anodizing facility that is comprised of an asphalt parking area and a building occupying approximately 1.5 acres. The site is located in a mixed industrial and residential use area. The site is bordered by industrial properties on all sides, but there are also residential properties located approximately 700 feet west of the Site property. The Site still contains residual chemicals and chemical by-products (in disarray) associated with the prior business activities. Principal hazardous substances notes during the USEPA December 2011 Site Assessment were: cyanide, chromium/hexavalent chromium, and cadmium. The Site facility is only somewhat secured, and has a roof section partially compromised and collapsing on an interior section. USEPA has also noted evidence of trespassing at the Site. The site was referred to USEPA in November 2011. After initial enforcement investigation, USEPA determined that a number of parties (4) had either owner or operator liability under CERCLA. The parties are: TJAJ LLC, The Company of Baycote Management LLC, INDDR LLC, and Mr. Joseph J. Hennessy (as a principal owner/operator through all of the previously mentioned entities). Initially, the PRPs indicated that they wished to cooperate in a cleanup. In March 2012, USEPA proposed a CERLCA AOC for a voluntary removal action. Upon review, PRPs’ counsel indicated that they cannot comply due to lack of funds. Since that time, PRPs have submitted some financial documentation, which is currently being analyzed by USEPA.

Defendants (4)

• INDDR LLCNamed in complaintNamed in settlement
• Joseph J. HennessyNamed in complaintNamed in settlement
• TJAJ LLCNamed in complaintNamed in settlement
• The Company of Baycote Management LLCNamed in complaintNamed in settlement

Facilities (1)

• BAYCOTE METAL FINISHING SITE

  1302 INDUSTRIAL DR, MISHAWAKA, IN, 46544

  Registry ID: 110000399337

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BAYCOTE METAL FINISHING UNILATERAL ADMIN ORDER (CERCLA)entered 2012-04-06

  Primary law: CERCLA

Timeline (2 milestones)

• 2012-04-06Final Order Issued
• 2012-07-09Enforcement Action Data Entered