EPA v. Waste Disposal Inc. (Non-Monetary Parties)

Case summary

This is a Civil Judicial Referral pursuant to CERCLA in which EPA requests that the Department of Justice bring ten related actions against fourteen potentially responsible parties (PRPs) at the Waste Disposal, Inc. Superfund Site in Santa Fe Springs, California. The Complaint will seek injunctive relief for performance of part of the remedial action. The Consent Decrees call for access and institutional controls, in the form of detailed Covenants to Restrict Use of the Property. Institutional controls are a key part of the remedy for the Site, which also includes containment of waste on-site, soil vapor extraction and monitoring, engineering controls, and groundwater monitoring. Implementation of institutional controls for the Site is particularly challenging because of the large number of parcels and owners at the Site. Implementation of the institutional controls is the responsibility of the settling PRPs. Monitoring and enforcement of the institutional controls is the responsibility of the WDIG Group under a separate settlement that was lodged with the U.S. District Court for the Central District of California on March 6, 2003. EPA and the State of California are third party beneficiaries of the Covenant to Restrict Use of the Property. EPA and the PRPs have negotiated the terms of a consent decree and referred this consent decree to the Department of Justice.

Defendants (17)

• Timmons, Eddie E.Named in complaintNamed in settlement
• Eugene and Geraldine Welter TrustNamed in complaintNamed in settlement
• Peoples, DannyNamed in complaintNamed in settlement
• Peoples, DenaNamed in complaintNamed in settlement
• John I. Maple Family PartnershipNamed in complaintNamed in settlement
• Graziano TrustNamed in complaintNamed in settlement
• Los Nietos Properties LLCNamed in complaintNamed in settlement
• Ortega, JovitaNamed in complaintNamed in settlement
• Brothers Machine & Tool, Inc.Named in complaintNamed in settlement
• Chasin TrustNamed in complaintNamed in settlement
• Searing Revocable TrustNamed in complaintNamed in settlement
• Hanson TrustNamed in complaintNamed in settlement
• Lucille F. Ferris Living TrustNamed in complaintNamed in settlement
• Irene L. Mersits TrustNamed in complaintNamed in settlement
• Mersits, Thomas J.Named in complaintNamed in settlement
• David Joseph Neptune Family TrustNamed in complaintNamed in settlement
• ORP LLCNamed in complaintNamed in settlement

Facilities (1)

• WASTE DISPOSAL INC.

  12731 EAST LOS NIETOS ROAD, SANTA FE SPRINGS, CA, 90670

  Registry ID: 110009268121

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (11)

• Waste Disposal Inc. (Non-Monetary Parties) - CD #03entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #01entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #05entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #07entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #11entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #04entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #06entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #08entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #10entered 2004-03-23

  Primary law: CERCLA

• Waste Disposal Inc. (Non-Monetary Parties) - CD #02entered 2004-03-23

  Primary law: CERCLA

Timeline (6 milestones)

• 2003-07-03Enforcement Action Data Entered
• 2003-08-06Referred To Dept Of Justice
• 2003-10-16Final Order Lodged
• 2003-10-16Complaint Filed With Court
• 2004-03-23Enforcement Action Closed
• 2004-03-23Final Order Entered