# UNITED SCRAP LEAD
> **Judicial** · FY1991 · — · —
## Case
- **Activity ID:** `27843`
- **Case Number:** 05-1991-0254
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** —
- **Penalty assessed:** —
- **Cost recovery:** $1.30M
- **Compliance action $:** $19.50M
- **Multimedia (multi-env):** N
## Defendants
- AK Steel Corporation (settlement)
- ATLAS LEDERER CO. (complaint) (settlement)
- BAILEN BROTHERS, INC. (complaint) (settlement)
- BARKER JUNK COMPANY, INC. (settlement)
- BROADWAY IRON & METAL, INC. (settlement)
- BURNS IRON & METAL COMPANY, INC (settlement)
- Baker Iron &Metal Company, Inc. (settlement)
- Bill's Battery Co., Inc. (settlement)
- CONSOLIDATED RAILROAD CORP. (complaint) (settlement)
- Cherrington Scrap Metals, Inc. (settlement)
- Cohen Brothers, Inc. (settlement)
- Commercial Metals Company (settlement)
- DAVID J. JOSEPH CO. (complaint) (settlement)
- Dobrow Industries, Inc. (settlement)
- Eagle Iron Company, Inc. (settlement)
- G.M. CORP. (complaint) (settlement)
- HERMAN STRAUSS INC. (complaint) (settlement)
- Herman Strauss Inc. (settlement)
- J. Topy & Sons (settlement)
- LIVINGSTON & CO., INC. (complaint) (settlement)
- MID-OHIO BATTERY, INC.
- MOYERS (settlement)
- Midwest Corporation (settlement)
- Muskingum Iron &Metal Company (settlement)
- NAVISTAR INT'L CORP. (complaint) (settlement)
- RMS Properties Corporation (settlement)
- SENSER METAL, CO. (complaint) (settlement)
- SIMS BROS. INC. (complaint) (settlement)
- Saul Senser (settlement)
- Sims Bros. Inc. (settlement)
- The Wilmington Iron &Metal Co., Inc. (settlement)
- U.S. WASTE MATERIALS, INC. (settlement)
- UNITED SALVAGE, INC.
- UNITED SCRAP LEAD, INC.
- Worley Steel &Supply Co., Inc. (settlement)
## Summary

On March 19, 2015, the Department of Justice lodged with the United States District Court for the Southern District of Ohio a proposed cash-out agreement in the lawsuit entitled United States v. The Atlas Lederer Company, et al. Civil Action No. 3:91-cv-309. The proposed agreement, if approved, will amend a Consent Decree entered by the Court in 1998. Under the Original Decree, the Settling Generator Defendants have cleaned up the United Scrap Lead Superfund Site in Troy, Ohio, and reimbursed the EPA for a portion of its response costs. Now, under the proposed cash-out agreement, the Settling Generator Defendants will resolve their remaining obligations under the Original Decree by (1) paying a cash-out amount of $158,564, (2) dismissing, with prejudice, their challenge to EPA's oversight bills under the Disputes clause of the Original Decree, and (3) waiving their right to share proceeds
generated from the sale of the Site. In exchange, the United States shall excuse Settling Defendants from their obligations to (1) pay any additional oversight costs in the future.

ON JULY 31, 1991, THE U.S. FILED A CERCLA SECTION 107 COST REECOVERY ACTION IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AS PART OF A JOINT U.S. EPA/DOJ LEAD INITIATIVE. THE DEFENDANTS NAMED IN THE SUIT INCLUDED NINE GENERATOR DEFENDANTS AND BAILEN BROTHERS, INC., WHICH WAS THOUGHT TO BE THE THEN-CURRENT SITE OWNER/OPERATOR. IN 1997 U.S. EPA ISSUED A ROD AMENDMENT FOR A CONTAINMENT REMEDY. THE 

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