EPA v. RELIABLE COATINGS, INC.

Case summary

1. SECTION 104(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPON- SE, COMPENSATION AND LIABILITY ACT (CERCLA), 42 U.S.C. SEC. 9604(A). 2. RELIABLE COATINGS, INC. 13108 EULESS STREET EULESS, TARRANT COUNTY, TEXAS FACILITY I.D. NO. TXD054375027 CATEGORY OF REMOVAL: TIME CRITICAL SITE I.D.: AA 3. RELIABLE COATINGS WAS IN VIOLATION OF THE STORAGE REGULA- TIONS OF RCRA. APPROXIMATELY 1,800 DRUMS CONTAINING PAINT WASTES, SOLVENTS (ETHER, ALCOHOL AND XYLENE), SLUD- GES, AND RESINS WERE FOUND ON THE PROPERTY. ADDITIONALLY, APPROXIMATELY ONE HUNDRED 400-GALLON TOTES AND EIGHT 700- GALLON MIXING VATS CONTAINING THE SAME WASTE MATERIALS AND SOLVENTS WERE FOUND ON THE SITE, AND A FULL 1,000- GALLON VAT, TWO 3,000-GALLON TANKS, AND THOUSANDS OF SMALLER CONTAINERS WERE ALSO PRESENT. NUMEROUS CONTAINERS WITH HAXARDOUS WASTE LABELS WERE DISTRIBUTED AMONG SIMIL- AR CONTAINERS THROUGHOUT THE FACILITY. CONTAINERS WERE HAPHAZARDLY STORED INSIDE THE MANUFACTURING BUILDING, BE- NEATH A METAL CANOPY AND ON AN EXPOSED CONCRETE PAD SOUTH AND EAST OF THE BUILDING. SOME OF THESE CONTAINERS HAD FALLEN AND THEIR CONTENTS HAD SPILLED TO THE SURRONDING AREAS. 4. EPA ANTICIPATES THAT IT WILL INCUR AS MUCH AS $1,996,000 IN POST-PETITION RESPONSE COSTS IN CONDUCTING A REMOVAL ACTION. 5. REGION 6 OF EPA RECENTLY INITIATED A TIME-CRITICAL RE- MOVAL ACTION PURSUANT TO 104(A) OF CERCLA, AT AN ABANDON- ED INDUSTRIAL PAINT AND SPECIALTY COATINGS MANUFACTURING FACILITY LOCATED IN EULESS, TX. THE FACILITY , RELIABLE COATINGS, INC., IS INVOLVED IN A VOLUNTARY BANKRUPTCY PROCEEDINGS UNDER CHAPTER 11. THE FIRST SECURED CREDI- TOR'S MEETING WAS SET FOR APR. 6, 1993, AND THE BAR DATE FOR FILING PROOFS OF CLAIM IN THAT PROCEEDING WAS JUL. 5, 1993. EPA DID NOT HAVE ANY KNOWLEDGE OF THE SITE UNTIL MAY, 1994, AND OF THOSE PROCEEDINGS UNTIL MID-JULY, 1994. A HEARING ON AN UNSECURED CREDITOR'S MOTION FOR ALLOWANCE OF ADMINISTRATIVE PRIORITY CLAIM IS SCHEDULED FOR AUG. 24, 1994, IN JACKSON, TN., AND A DEADLINE FOR FILING OB- JECTIONS TO THAT CLAIM IS AUG. 15, 1994.

Defendants (1)

• RELIABLE COATINGS, INC.Named in complaintNamed in settlement

Facilities (1)

• RELIABLE COATINGS INCORPORATED

  13108 EULESS ST., EULESS, TX, 76040

  Registry ID: 110002132558

Statutes cited

• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• RELIABLE COATINGS, INC.entered 1995-03-29

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-08-09Referred To Dept Of Justice
• 1994-08-09Enforcement Action Data Entered
• 1994-10-26Complaint Filed With Court
• 1995-03-29Final Order Entered
• 1995-03-29Concluded
• 1995-03-29Final Order Lodged
• 1995-08-02Enforcement Action Closed