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U.S. AVIEX CO.

Judicial · FY1986 · — · Final Order With Specified Cost Recovery · 26090

$0
Penalty
$275K
Cost recovery
Compliance action

Case

Case Number
05-1986-0289
Type
Judicial
Lead
EPA
Outcome
Final Order With Specified Cost Recovery
DOJ Docket
90-11-3-172
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

U.S. AVIEX IS THE OWNER OF THE NATIONAL PRIORITY LIST SITE & PRESENTLY OWES EPA$60,053.28 FOR EPA'S OVERSIGHT OF RESPONSE ACTIVITIES BY U.S. AVIEX AT THE SITE. U.S. AVIEX BLENDED AUTOMOTIVE CHEMICALS AT ITS FACILITY IN NILES, MICHIGAN FOR APPROX. 15 YEARS. IN NOVEMBER 1978, A FIRE AT THE FACILITY CAUSED BARRELS & OTHER CONTAINERS OF CHEMICALS TO RUPTURE. WATER USED IN EXTINGUISHING THE FIRE SPREAD THE CHEMICALS OVER THE SITE & LED TO A CONTAMINATION OF THE GROUNDWATER. ON 4 FEBRUARY 1986, THE REGION ENTERED INTO AN ADMINISTRA- TIVE ORDER ON CONSENT WITH U.S. AVIEX, UNDER WHICH THE COMPA NY AGREED TO CONDUCT REMEDIAL INVESTIGATION & A FEASIBILTIY STUDY. U.S. AVIEX ALSO AGREED TO REIMBURSE EPA FOR ITS COSTS IN OVERSEEING THE REMEDIAL INVESTIGATION & FEASIBILITY STUDY. UNREINBURSED EPA COSTS TO DATE ARE $60,053.28. U.S. AVIEX WILL, OF COURSE, BE LIABLE FOR ANY REMEDIAL ACTION RE- MEDIAL ACTION REQUIRED AT THE SITE IN ADDITION TO FUTURE OVERSIGHT COSTS. ON 11 JULY 1986, U.S. AVIEX FILED A PETITION IN BANKRUPTCY COURT SEEKING REORGANIZATION UNDER CHAPTER 11. EPA RECEIVED NOTICE THAT ALL DISPUTED CLAIMS MUST BE FILED BY 3 NOVEMBER 1986. PURSUANT TO ORAL REFERRAL, THE DEPT. OF JUSTICE FILED A PROOF OF CLAIM FOR EPA'S COSTS ON THAT DATE.

Source

Authoritative
EPA ECHO
Machine
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