EPA v. GULL, PETER

Case summary

THIS CASE SEEKS COST RECOVERY FOR A REMOVAL ACTION AT THE B&H BATTERY SITE IN NORCO, CALIFORNIA, AND TREBLE DAMAGES AGAINST RESPONSIBLE PARTIES FOR THEIR FAILURE TO CONDUCT THE CLEANUP. THE FACILITY IS THE SCENE OF A SMALL BATTERY BREAKING AND REFURBISHING OPERATION CONDUCTED IN A RESIDEN- TIAL NEIGHBORHOOD. THE RESPONSIBLE PARTIES INCLUDE THE CURRENT OWNER OF THE FACILITY AND THE COMPANY (NL INDUSTRIES) IDENTIFIED AS PRINCIPALLY RESPONSIBLE FOR SENDING BATTERIES TO BE TREATED AND/OR DISPOSED OF AT THE FACILITY. EPA ISSUED GULL AND NL AN ORDER REQUIRING CLEANUP. ALTHOUGH NL PROVIDED SOME LIMITED COMPLIANCE, IT REFUSED TO COMPLETE THE CLEANUP, ARGUING THAT CLEANUP SHOULD BE DELAYED UNTIL AFTER OTHER RESPONSIBLE PARTIES (IF ANY) COULD BE IDENTIFIED. EPA TOOK OVER THE CLEANUP AND INCURRED OVER $2 MILLION IN RESPONSE.

Defendants (2)

• GULL, PETERNamed in complaintNamed in settlement
• NL INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• NORCO BATTERY

  904 N 1ST ST, NORCO, CA, 92860

  Registry ID: 110010706058

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GULL, PETERentered 1994-04-29

  Primary law: CERCLA

  Federal penalty: $3,670,274

Timeline (6 milestones)

• 1987-09-01Enforcement Action Data Entered
• 1991-06-01Referred To Headquarters
• 1991-07-09Referred To Dept Of Justice
• 1991-07-09Complaint Filed With Court
• 1994-04-29Final Order Lodged
• 1994-04-29Final Order Entered