EPA v. BUILDER'S HARDWARE FINISHERS, INC.

Case summary

THIS REFERRAL IS FOR LITIGATION TO RECOVER APPROXIMATELY $453,740 SPENT BY EPA FOR A CLASSIC EMERGENCY RESPONSE ACTION AND SUBSEQUENT REMOVAL CLEANUP RESULTING FROM A FIRE AT THE BUILDER'S HARDWARE FINISHERS, INC. (BHFI) ELECTROPLATING FACILITY IN LOS ANGELES. BHFI HAS OPERATED AS A METAL FINISHING AND PLATING SHOP SINCE 1978. THE FACILITY'S MAIN OPERATION WAS ELECTROPLA- TING OF METAL HARDWARE PARTS, USING HAZARDOUS SUBSTANCES INCLUDING INORGANIC ACIDS AND BASES, CYANIDE SALTS, DEGREASING SOLVENTS AND OXIDIZING MATERIALS. ON MAY 23, 1988, A FIRE DESTROYED THE BHFI FACILITY, RESULTING IN RELEASES OF CYANIDES AND OTHER HAZARDOUS SUBSTANCES AND WASTES. EPA ASSUMED THE ROLE OF LEAD AGENCY AND TOOK RESPONSE ACTION FROM THE AFTERNOON OF MAY 23 THROUGH JULY 14, 1988 TO MITIGATE THE IMMEDIATE THREAT AND TO CLEAN UP THE SITE. EPA PROVIDED THE PRPS VERBAL NOTICE OF THEIR POTENTIAL CERCLA LIABILITY ON MAY 23-24. BOTH THE OWNER AND OPERATOR DECLINED TO TAKE RESPONSIBILITY FOR THE CLEANUP. WRITTEN NOTICE LETTERS WERE SENT TO THE PRPS ON JUNE 1, 1988. ON AUGUST 25, 1989, EPA SENT LETTERS TO THE PRPS DEMANDING PAYMENT OF RESPONSE COSTS INCURRED BY EPA THROUGH JULY 1, 1989. IN ADDITION, AN ESTIMATED $10,000 - $50,000 OF FUTURE WORK REMAINS TO BE COMPLETED ON SITE. EPA HAS NOT SCHEDULED THIS REMAINING WORK AT THE REQUEST OF THE PROPERTY OWNERS, WHO HAVE ADVISED THAT THEY WOULD LIKE TO COMPLETE THIS WORK. NEITHER THE PROPERTY OWNERS NOR THE OPERATORS, HOWEVER, HAVE OFFERED TO REIMBURSE EPA FOR ITS PAST COSTS, DESPITE OUR EFFORTS TO NEGOTIATE SETTLEMENT. WE ARE REQUESTING THAT THE DEPARTMENT OF JUSTICE FILE A COST RECOVERY CASE AGAINST THE OPERATORS AND THE CURRENT AND FORMER LAND OWNERS PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. 9607(A). IN ADDITION, REGION 9 IS CONSIDERING REFERRING A CLAIM FOR CIVIL PENALTIES AGAINST THE OPERATOR, BHFI, AND JOSEPH DURAN FOR FAILING TO RESPOND EPA'S INFO. REQUEST LTRS, SENT PURSUANT TO SEC. 104(E), 42 CERCLA9604E.

Defendants (6)

• BUILDER'S HARDWARE FINISHER'S, INC.Named in complaintNamed in settlement
• DURAN, ELOYNamed in complaintNamed in settlement
• DURAN, JOSEPHNamed in complaintNamed in settlement
• HERMAN, BRADLEYNamed in complaintNamed in settlement
• HERMAN, HOWARDNamed in complaintNamed in settlement
• HERMAN, PEGGY THE ESTATE OF

Facilities (1)

• BUILDERS HARDWARE FINISHERS

  1846 SICHEL ST, LOS ANGELES, CA, 90031

  Registry ID: 110002638682

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• HERMAN, BRADLEY L. & HOWARD L.entered 1990-10-12

  Primary law: CERCLA

  Federal penalty: $25,000

• BUILDER'S HARDWARE FINISHERSentered 1991-12-31

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-05-24Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1990-10-09Complaint Filed With Court
• 1991-12-31Final Order Entered
• 1991-12-31Concluded
• 1991-12-31Final Order Lodged