# BARKMAN, ERNEST AND GRACE
> **Judicial** · FY1994 · — · Final Order With Penalty & Specified Cost Recovery
## Case
- **Activity ID:** `16702`
- **Case Number:** 03-1994-0197
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty & Specified Cost Recovery
- **Penalty assessed:** $185K
- **Cost recovery:** $7.93M
- **Compliance action $:** $0
- **Multimedia (multi-env):** N
## Defendants
- ALUMINUM CO OF AMERICA
- BARK-ERN, INC (settlement)
- BARKMAN, ERNEST AND GRACE (complaint) (settlement)
- E B CORP (complaint) (settlement)
- ERN-BARK, INC (settlement)
- UNISYS CORPORATION
## Summary

THIS REFERRAL REQUESTS THAT A CIVIL ACTION BE FILED        AGAINST ERNEST BARKMAN AND GRACE BARKMAN IN THE UNITED       STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF            PENNSYLVANIA TO ENFORCE AN ADMINISTRATIVE ORDER AND          AMENDMENT TO ADMINISTRATIVE ORDER ( ORDER AND AMENDMENT )    ISSUED BY THE ENVIRONMENTAL PROTECTION AGENCY ( EPA )        PURSUANT TO SECTION 106(A) OF THE COMPREHENSIVE              ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT      (CERCLA ), TO RECOVER PENALTIES FOR NONCOMPLIANE WITH THE    ORDER AND AMENDMENT PURSUANT TO CERCLA SECTION 106(B), AND   FOR RECOUPMENT OF COSTS INCURRED AND TO BE INCURRED FOR      REMOVAL AND REMEDIAL RESPONSE MEASURES TAKEN AT THE WALSH    LANDFILL SITE (A/K/A WELSH LANDFILL SITE), PURSUANT TO       SECTION 107(A).  ALSO DISCUSSED IN THIS REFERRAL IS A        POTENTIAL FUTURE CLAIM UNDER CERCLA SECTION 107(C)(3) FOR    PUNITIVE DAMAGES OF THREE TIMES THE COSTS THE UNITED         STATES PERFORMS THE WORK REQUIRED BY THE ORDER AND           AMENDMENT.  THIS ACTION IS IN THE CLASS OF CASES WHICH MUST  BE REFERRED TO DOJ BY EPA HEADQUARTERS BECAUSE IT SEEKS      ENFORCEMENT OF AN ORDER WHICH INCLUDES A PROVISION FOR       ACCESS.                                                      09/30/94:  THIS IS A PRE-REFERRAL SETTLEMENT NEGOTIATION     LITIGATION REPORT ( PRN ) FOR A PROPOSED CIVIL ACTION UNDER  SECTION 106(A) AND 107(A) OF CERCLA FOR THE WALSH ROAD       LANDFILL SITE (A/K/A WELSH ROAD LANDFI

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*