EPA v. ALLIED PRODUCTS CORPORATION/WHITE FARM EQUIP, CHARLES CITY

Case summary

THIS MINI-LIT PRE-REFERRAL PERTAINS TO A POTENTIAL SETTLEMENT FOR PERFORMANCE OF RD/RA AT THE WHITE FARM EQUIPMENT SITE IN CHARLES CITY, IOWA. EPA ISSUED A ROD FOR THE SITE ON SEPT. 28, 1990 AND PLANS TO ISSUE SPECIAL NOTICE LETTERS TO THE PRPS ASKING THAT THEY MAKE A GOOD FAITH OFFER TO PERFORM/FINANCE THE RD/RA. THE MINI-LIT REFERRAL FORMALLY REQUESTS THAT THE DEPT. OF JUSTICE PARTICIPATE IN SUCH SETTLEMENT NEGOTIATIONS. THIS WAS A DIRECT REFERRAL TO DOJ OF A CERCLA RD/RA CONSENT DECREE WHICH REQUIRES ALLIED PRODUCTS CORPERATION TO PERFORM REMEDIAL ACTION AT THE WHITE FARM EQUIPMENT DUMP SITE IN CHARLES CITY, IOWA. THE CONSENT DECREE ALSO REQUIRES ALLIED TO REIMBURSE ALL FUTURE COSTS INCURRED BY EPA. EPA HAD PREVIOUSLY ISSUED A CERCLA SECTION 106(A) ORDER TO ALLIED, REQUIRING ALLIED TO PERFORM THE RD/RA. THIS ORDER WAS ISSUED ON AUGUST 20, 1991. ON SEPTEMBER 30,1991,EPA DIRECTLY REFERRED THIS CASE TO DOJ FOR ENFORCEMENT, SINCE ALLIED HAD FAILED TO COMPLY WITH THE ORDER. HOWEVER THIS RD/RA SETTLEMENT RESOLVES THE 106 CLAIM, AND EPA HAS WITHDRAWN THAT REFERRAL.

Defendants (2)

• ALLIED PRODUCTS CORPORATIONNamed in complaintNamed in settlement
• H.E. CONSTRUCTION, INC.Named in complaintNamed in settlement

Facilities (1)

• WHITE FARM EQUIPMENT COMPANY

  300 LAWLER STREET, CHARLES CITY, IA, 50616

  Registry ID: 110001760595

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ALLIED PRODUCTS CORPORATIONentered 1992-09-18

  Primary law: CERCLA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1987-08-08Enforcement Action Data Entered
• 1990-11-19PRN Sent
• 1991-12-04Referred To Dept Of Justice
• 1992-09-18Final Order Lodged
• 1992-09-18Final Order Entered
• 1992-09-18Complaint Filed With Court
• 1992-09-18Concluded
• 1992-09-18Enforcement Action Closed