EPA sent a 104(e) information request to the Defendant, who was the former owner of the Vibratech Site in Buffalo, NY where EPA performed a removal action. Despite numerous attempts to contact him and his attorney, the Defendant never responded to the information request.
Supplemental referral sent to DOJ on August 8, 2012, to add a CERCLA 107(a) count. Not pursued.
Dismissed by Tribunal on January 24, 2013. The basis for such dismissal is that the Defendant currently resides outside of the United States and the United States has been unable to effect service under the Federal Rules of Civil Procedure.