EPA v. TRAUB

Case summary

THE TRAUB BATTERY AND BODY SHOP SITE(THE SITE) IS A FORMER BATTERY CRACKING FACILITY LOCATED ON APPROXIMATELY FOUR ACRES IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA. FROM APPROXIMATELY 1978 TO 1989, THE ADVANCE BATTERY COMPANY CRACKED OPEN USED VEHICLE BATTERIES AND REMOVED THE LEAD PLATES FOR RECYCLING. DURING THIS PROCESS, ACID FROM THE BATTERIES WAS DUMPED ON THE GROUND, ALONG WITH THE RESIDUAL AMOUNTS OF LEAD, RESULTING IN LEAD-CONTAMINATED SOIL. IN 11/90, THE CITY OF SIOUX FALLS DEMOLISHED AND CLEARED AWAY THE STRUCTURES ON THE SITE. DURING THE DEMOLITION, THE WORK CREW DISCOVERED UNDERGROUND STORAGE TANKS, APPARENT WASTE OIL, BATTERY PARTS, DISCOLORED SOIL AND STRESSEDVEGE- TATION. . ON 12/7/93, EPA SENT NOTICE LETTERS TO THE RESPONDENTS. ON 3/22/95, THE SAME PARTIES WERE SENT DEMAND LETTERS REQUEST- ING REIMBURSEMENT TO EPA OF $414,408.60, PLUS ANY ACCRUED INTEREST.

Defendants (7)

• ALFRED TRAUBNamed in complaintNamed in settlement
• CHIQUITA BRANDS INTERNATIONALNamed in complaintNamed in settlement
• EXIDE BATTERY CORP.Named in complaintNamed in settlement
• GRAHAN TIRE CO.Named in complaintNamed in settlement
• J. C. PENNEYNamed in complaintNamed in settlement
• K-MART CORP.Named in complaintNamed in settlement
• SOUTH DAKOTA DEPARTMENT OF TRANSPORTNamed in complaintNamed in settlement

Facilities (1)

• TRAUB BATTERY AND BODY SHOP

  2200 NORTH DRIVE, SIOUX FALLS, SD, 57104

  Registry ID: 110010672138

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• TRAUBentered 1996-10-11

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-12-01Enforcement Action Data Entered
• 1995-08-17Referred To Dept Of Justice
• 1996-04-26Complaint Filed With Court
• 1996-10-11Final Order Lodged
• 1996-10-11Final Order Entered
• 1996-10-11Concluded
• 1996-10-11Enforcement Action Closed