From: Nigel.Allen@bbs.oit.unc.edu (Nigel Allen)
Subject: U.S. Files Suit Against 12 Parties For Clean-up Costs at Indiana Superfund Site
Organization: NDA
Date: Thu, 8 Oct 1992 23:18:22 GMT


Here is a press release from the U.S. Department of Justice.

 U.S. Files Suit Against 12 Parties For Clean-up Costs at Indiana
Superfund Site
 To: National Desk, Environment Writers
 Contact: Melissa Burns of the U.S. Department of Justice,
          202-514-2007

   SOUTH BEND, Ind., Oct. 7 /U.S. Newswire/ -- The U.S. Attorney for
the Northern District of Indiana, John F. Hoehner; the acting
assistant attorney general for the Environment and Natural Resources
Division of the Department of Justice, Vicki A. O'Meara; and the
Environmental Protection Agency (EPA) announced that the U.S. filed a
complaint today in U.S. District Court in South Bend, Ind., against
12 defendants to recover $1.4 million in EPA hazardous substance
cleanup costs at the Fisher-Calo Chemicals & Solvents Superfund Site
in LaPorte County, Ind.
   One of the defendants is also being sued for civil penalties of up
to $25,000 per day for failure to comply with three EPA
administrative orders.  The 12 defendants had refused to participate
in a February, 1992, settlement agreed to by 265 other parties to
clean up the site.
   The complaint alleges that each of the defendants is liable under
the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA), frequently referred to as the "Superfund" law, as an
owner or operator of a protion of the site or as a generator of
hazardous substances that were sent to the site.
   According to the complaint the Olin Corp., named as a defendant,
operated a munitions manufacturing operation and proving ground at
the Fisher-Calo Site from about 1965 to 1973.  Olin was an owner, or
in some cases an operator, of all or a portion of the site during a
time hazardous substances were disposed of at the site.
   The complaint further alleges that from 1972 through 1985, Donald
B. Fisher owned and operated Fisher-Calo Chemicals and Solvents Inc.,
a solvant distillation and wholesale operation at the site.
   The complaint alleges that waste materials containing hazardous
substances, including waste solvents, waste chemicals, paint solvents
and still bottoms, were dumped, buried poured or allowed to seep into
the soil and groundwater at the site.  Samples of the soils and
groundwater at the site revealed the presence of hazardous
contaminants, including volatile organic compounds, inorganics and
PCBs.
   U.S. Attorney Hoehner said, "The United States aggressively
pursues parties who refuse to acknowledge their responsibility for
hazardous waste disposal and who thereafter fail to pay their fair
share promptly."
   Herbert H. Tate Jr., EPA assistant administrator for enforcement,
commented that "EPA intends to continue to place a high priority on
identifying all responsible parties at hazardous waste sites and will
insist that every party pay its fair share of cleanup costs."  Tate
further stated that "Parties that fail to contribute to a cleanup or
who refuse to comply with EPA's administrative orders will ultimately
pay much more to the United States for cleanup."
   O'Meara said "The Fisher case is only one of many actions taken
this year against parties who refuse to pay their fair share of
cleanup costs.   We will continue our aggressive efforts to recover
EPA response costs from recalcitrant parties to encourage early
settlements and reduce transaction costs."
   EPA Regional Administrator Valdas V. Adamkus said, "Responsible
parties who are unwilling to settle are forewarned that they will pay
a substantial premium for refusing to pay their fair share of EPA
cleanup costs.  Moreover, we will seek substantial penalties when a
party's recalcitrance results in a violation of EPA administrative
orders."
   The Department of Justice and EPA have directed substantial
resources in the past year to the aggressive litigation of cases
involving hazardous waste generators, transporters, and site owners
and operators who attempt to avoid their obligations under CERCLA.
The parties who refuse to participate in site cleanups either through
a settlement or compliance with EPA administrative orders are often
referred to as "recalcitrant parties."
   O'Meara added, "Other actions filed today involving recalcitrant
parties include a settlement filed in Concord, N.H. in three
consolidated actions: United States vs. Data General et al.; United
States vs. Clean Harbors of Natick, et al.; and United States vs.
Baird Corp., et al., resulting in recovery of over $11 million from
157 defendants.  Twelve of the 157 defendants who had refused to
participate in an earlier settlement ended up paying in excess of
$4 million -- a substantial premium for their recalcitrance.  In
addition, a consent decree was lodged today in Seattle, Wash., in
United States vs. Western Processing requiring two recalcitrant
parties to pay EPA $3.6 million which will result in a recovery of
nearly all of the government's costs at the site."
   The efforts of the EPA to pursue recalcitrant parties is reflected
in additional recent cases and administrative filings.  Nationally,
over the past year, the department (on behalf of EPA) has settled,
obtained judgments in, or filed over 28 cases involving more than 105
recalcitrant parties resulting in court awards and recovery of EPA's
response costs in excess of $26 million.  Five million dollars of the
total reflects penalties awarded to the United States in court
judgements or settlements.
   EPA, during the past year, under its administrative authority, has
also issued over 50 unilateral administrative orders requiring more
than 500 responsible parties who have refused to settle their cleanup
obligations under Superfund to undertake or to participate in
hazardous waste cleanups costing in excess of $250 million.
Virtually all parties issued such orders have begun the hazardous
site clean-up efforts.
 -30-

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