# SELMER COMPANY
> **Judicial** · FY1989 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `27171`
- **Case Number:** 05-1989-0116
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** $0
- **Cost recovery:** $445K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- MACMILLAN, INC. (complaint) (settlement)
- NORTH AMERICAN PHILLIPS CORPORATION (complaint) (settlement)
- SELMER COMPANY, L.P. (complaint) (settlement)
## Summary

1. LEGAL BASIS FOR PROPOSED ACTION:  SECTIONS 104, 106, AND  107 OF CERCLA OF 1980, 42 U.S.C. SECTIONS 9604, 9606, AND    9607, AS AMENDED BY THE SARA OF 1986, PUB. L. NO. 99-499.    100 STAT. 1613 (1986).                                       3. LIABILITY OF DEFENDENTS:  DEFENDANT, THE SELMER CO., AS   THE CURRENT OWNER OF A FACILITY FROM WHICH HAZARDOUS SUB-    STANCES HAVE BEEN AND CONTINUE TO BE RELEASED INTO THE EN-   IRONMENT, IS LIABLE FOR RESPONSE COSTS INCURRED BY U.S.EPA   IN CONNECTION WITH A PROERTY LOCATED AT 500 INDUSTRIAL       PARKWAY IN ELKHART, INDIANA (THE SITE), AND FOR EQUITABLE    RELIEF TO ABATE THE THREAT WHICH THEY MAY POSE.                 DEFENDANT, MACMILLIAN, INC, IS LIABLE AS A PERSON WHO AT  THE TIME OF DISPOSAL OF A HAZARDOUS SUBSTANCE OWNED OR       OPERATED THE SITE.                                              NORTH AMERICAN PHILLIPS CORPORATION MAY BE LIABLE BECAUSE SELMER WAS ONE OF ITS DIVISOINS AT A TIME THAT EPA MAY HAVE  INCURRED SOME OF ITS REMOVAL COSTS.                          4. PROPOSED RELIEF:  U.S. EPA SEEKS RECOVERY OF ALL COSTS    INCURRED BY U.S. EPA TO DATE IN RESPONDING TO THE RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE.  ITS COSTS ARE     APPROXIMATELY $569,000, THROUGH MARCH, 1988.  IT ALSO SEEKS  DECLARATORY RELIEF AS TO ALL FUTURE COSTS AND AN EQUITABLE   ORDER REQUIRING A STUDY AND CLEANUP.                          7. EVIDENCE OF LIABILITY:  SAMPLING CONDUCTED BY U.S. EPA   AND THE STATI OF INDIANA DETERMINED 

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