EPA v. EAST CHARLESTON & FOGG

Case summary

IN THIS REFERRAL FOR CIVIL ACTION UNDER SECTIONS 107(A) AND (C)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION, AND LIABILITY ACT. EPA IS SEEKING TO RECOVER THE $894,024.86 IN RESPONSE AND OVERSIGHT COSTS, PLUS INTEREST, INCURRED AT THE CHARLESTON REMOVAL SITE POTENTIALLY FROM JULIUS BONOCCHI, THE FORMER OWNER AND OPERATOR OF THE SITE, EAST CHARLESTON AND FOGG, LTD. A LIMITED PARTNERSHIP, THE PRESENT OWNER OF THE SITE, OR HAROLD GERECHT, THE GENERAL PARTNER FOR EC & FOGG. THESE COSTS WERE SPENT BY EPA IN CONNECTION WITH A TIME-CRITICAL REMOVAL ACTION. MANY OF THE DRUMS, CYLINDERS AND OTHER CONTAINERS AT THE SITE HAD MILITARY STENCILING. ALSO, JULIUS BONOCCHI ALLEGED THAT MANY OF THE ITEMS AT THE SITE WERE OBTAINED IS A HIGH PROBABILITY THAT THE DEFENDANTS WILL COUNTERCLAIM AGAINST THE UNITED STATES TO RECAPTURE ANY RESPONSE AND OVERSIGHT COSTS RECOVERED IN THIS ACTION. EPA MAY ALSO SEEK TREBLE DAMAGES FOR FAILURE TO COMPLY WITH UNILATERAL ADMINISTRATIVE ORDER 93-19 ISSUED PURSUANT TO CERCLA 106. THE LAST RECORDED ONSITE ACTIVITY AT THE SITE WAS JUNE 24, 1994. HOWEVER, THE FINAL POLLUTION REPORT LISTS THE REMOVAL COMPLETION DATE AS JULY 22, 1994. THE STATUTE OF LIMITATIONS WILL THEREFORE RUN ON OR AROUND EITHER JUNE 24, 1997 OR JULY 22, 1997.

Defendants (4)

• UNITED STATES AIR FORCE
• BONOCCHI, JULIUS
• EAST CHARLESTON & FOGGNamed in complaintNamed in settlement
• GERECHT, HAROLDNamed in complaintNamed in settlement

Facilities (1)

• CHARLESTON DRMO SITE

  6274 E CHARLESTON BLVD, LAS VEGAS, NV, 89122

  Registry ID: 110010676679

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• EAST CHARLESTON & FOGGentered 2000-01-21

  Primary law: CERCLA

Timeline (6 milestones)

• 1997-06-03Referred To Dept Of Justice
• 1997-06-23Complaint Filed With Court
• 1997-07-03Enforcement Action Data Entered
• 2000-01-21Final Order Lodged
• 2000-01-21Final Order Entered
• 2000-01-21Concluded