EPA v. PIQUA HOSPITAL AOC (CERCLA)

Case summary

This Agreement concerns the Piqua Hospital Site ( Site ) located in Piqua, Ohio. EPA alleges that the Site is a facility as defined by Section 101(9) of CERCLA, 42 U.S.C. §9601(9). EPA determined in an Action Memorandum issued April 29,2009, that due to the release or substantial threat of a release of hazardous substances it was necessary to undertake a removal action at the site pursuant to Section 104(a) of CERCLA, 42 U.S.C. §9604(a) consistent with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 C.F.R. Part 300. EPA issued an Administrative Order on Consent on April 17, 2009 requiring the Settling Parties to undertake the removal action required in the Order and provided for in the action memorandum. The Order was issued pursuant to Section 106 of CERCLA, 42 U.S.C. § 9606. The Settling Parties performed the removal action work required under the Order. The work included the removal of outdoor asbestos containing material debris, acids, caustics and other hazardous substances located within and surrounding a former hospital on the Site. A total of 2316.14 tons of asbestos containing material debris and soil were transported off-site for disposal. EPA undertook response actions at the Site pursuant to Section 104(a) of CERCLA including the oversight of the Settling Parties' removal action work under the Order. In performing the removal action, EPA has incurred response costs at or in connection with the Site. EPA alleges that Settling Parties are responsible parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), and are jointly and severally liable for response costs incurred or to be incurred at or in connection with the Site. EPA has determined that the total past and projected response costs of the United States at or in connection with the Site will not exceed $500,000, excluding interest.

Defendants (2)

• Hospela LLCNamed in settlement
• Dr. Enrique De La PiedraNamed in settlement

Facilities (1)

• PIQUA HOSPITAL SITE

  624 PARK AVENUE, PIQUA, OH, 45356-2038

  Registry ID: 110039014250

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• PIQUA HOSPITAL AOC (CERCLA)entered 2012-07-17

  Primary law: CERCLA

Timeline (2 milestones)

• 2012-07-17Final Order Issued
• 2012-07-25Enforcement Action Data Entered