EPA v. ALASKAN BATTERY ENTERPRISES

Case summary

THE REFERRAL REQUESTED DOJ TO FILE A COST RECOVERY AND INJUNCTIVE RELIEF CASE AGAINST THE OWNER/OPERATOR INDIVIDUALLY AND AGAINST THE CORPORATION. THE REFERRAL ATTACHED A TOLLING AGREEMENT THAT ALL OTHER PRPS AT THE SITE SIGNED TO EXTEND ANY POTENTIAL STATUTE OF LIMITATIONS THAT MAY SOON RUN. THE REFERRAL REQUESTED DOJ TO ADD ANY PRP TO THE SUIT THAT DOES NOT SETTLE BY THE TIME THE TOLLING AGREEMENT EXPIRES. EPA ENTERED ADMINISTRATIVE ORDER ON CONSENT WITH 27 DE MINIMIS PARTIES IN SEPTEMBER 1992. UNITED STATES HAS REACHED AGREEMENT WITH ALL BUT TWO NON DE MINIMIS PARTIES, EXCEPT FOR EARL ROMANS AND HIS COMPANY, BOTH OF WHICH HAVE FILED INABILITY TO PAY PAPERS WITH DOJ. UNITED STATES HAS PREPARED TWO PARTIAL CONSENT DECREES WITH THE SEVEN SETTLING NON DE MINIMIS PARTIES. TO DATE, NEITHER HAVE BEEN LODGED.

Defendants (2)

• ALASKAN BATTERY ENTERPRISESNamed in complaintNamed in settlement
• EARL THOMASNamed in complaintNamed in settlement

Facilities (1)

• USEPA ALASKA BATTERY ENTERPRISES CLEANUP

  157 OLD RICHARDSON HWY, FAIRBANKS, AK, 99701

  Registry ID: 110003041477

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 113G2 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ALASKAN BATTERY ENTERPRISESentered 1995-03-10

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-08-13Enforcement Action Data Entered
• 1992-08-13Referred To Dept Of Justice
• 1992-09-18Complaint Filed With Court
• 1995-03-10Concluded
• 1995-03-10Final Order Lodged
• 1995-03-10Final Order Entered
• 1999-04-20Enforcement Action Closed