'This civil litigation report ( Referral ) requests that a civil action be filed in the United States District Court for the Eastern District of Pennsylvania seeking an order to show cause why the following entities and individuals should not be held in civil contempt: Ernest Barkman; grace Barkman; Ern-Bark, Inc.; Bark-Ern, Inc.; and E.B. Corp, Inc. (collectively referred to herein as the Barkmans ).
In June 1994, EPA Region III sent a referral to DOJ requesting that a civil action to be filed against Ernest Barkman and Grace Barkman pursuant to Sections 106(a) and 107(a) of the Comprehensive Environemtnal Responsee, Compensation and Liability Act, as amended, 42 U.S.C. section 9606(a) and 9607(a), ( CERCLA ) as the owners/operators of the Walsh Road Superfund Site (a/k/a Welsh Road and Barkman Landfill Site) ( Site ) in Honey Brook Township, Chester County, Pennsylvania. In February 1996, the Region submitted a supplmental referral which recommended additing three Pennsylvania corporation (Ern-Bark, Inc.; Bark-Ern, Inc.; and E.B. Corp., Inc.) which owns portions of the Site and/or operated from the Site and which are wholly owned by Ernest Barkman, as defendants to the proposed civil action under CERCLA Sections 106(a) and 107(a).
A complaint naming the Barkmans and their related corporation was filed on September 20, 1996, in the United States District Court for Eastern District of Pennsylvania, seeking enforcement of a Unilateral Administrative Order ( UAO