# CAPE CHEM CORPORATION_DBA ERIE CHEMICAL SALES
> **Judicial** · FY1997 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `733`
- **Case Number:** 01-1997-0178
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $70K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- A-1 STORAGE, INC. (settlement)
- JOSEPH F. OLIVEIRA, JR. (settlement)
- MICHAEL BEARON (settlement)
- NU-TRAFFIC CONCEPTS, INC. (settlement)
- PAYNE CUTLERY (settlement)
## Summary

RECOMMENDATION OF FILING OF A COST RECOVERY ACTION UNDER   CERCLA 107A AGAINST ONE DEFENDANT FOR APPROXIMATELY          $105,000 OUT OF APPROXIMATELY $372,000 IN PAST COSTS         INCURRED BY EPA FOR A REMOVAL ACTION AT PAYNE CUTLERY        SUPERFUND SITE IN NEW BEDFORD, MA. IF A COMPLAINT IS NOT     FILED BY JUNE 26, 1997 THE UNITED STATES RUNS THE RISK OF    RECOVERY OF PAST COSTS BEING BARRED BY A STATUTE OF LIMITA-  TIONS. THE PROPOSED DEFENDANT IS CAPE CHEM CORPORATION, DBA  ERIE CHEMICAL SALES, WHO IS THE ONE REMAINING VIABLE PRP.      THE SITE WAS ESSENTIALLY AN UNSAFE WAREHOUSE BUILDING IN   WHICH INCOMPATIBLE DETERIORATING AND DAMAGED DRUMS AND       PACKAGES CONTAINING HAZARDOUS SUBSTANCES WERE STORED. AFTER  AN INITIAL SITE INVESTIGATION, AN ACTION MEMORANDUM WAS      SIGNED BY THE REGIONAL ADMINISTRATOR ON DECEMBER 9, 1992.    LATER, ON DECEMBER 21, 1992 THE RA SIGNED THE UNILATERAL     ADMINISTRATIVE ORDER COMPELLING FIVE PARTIES, INCLUDING THE  PROPOSED DEFENDANT, TO PERFORM REMOVAL ACTIVITIES. AFTER      ERIE  AGREED TO COMPLY WITH THE UAO WHILE THE OTHER PARTIES CLAIMED AN INABILITY TO FINANCE THE REMOVAL, THE RESPONSE    ACTION WAS CONDUCTED IN TWO PHASES.                             PHASE I WAS AN EPA-LEAD REMOVAL OF ALL THE HAZARDOUS      SUBSTANCES NOT ASSOCIATED WITH ERIE. PHASE II WAS A PRP-LEAD ACTION BY ERIE WITH EPA OVERSIGHT. IN PERFORMING THE CLEANUP OF THE REMOVAL, THE PROPOSED DEFENDANT'S CONDUCT--INCLUDING  ITS FAILURE TO PROPERLY RETAIN A COMPE

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