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May 2009 Significant Cases

Week of May 4, 2009

United States District Court for the Southern District of Indiana enters Consent Decree in U.S. v. Bristol-Myers Squibb Co.

On May 5, 2009, Judge Young of the United States District Court for the Southern District of Indiana entered the Consent Decree in U.S. v. Bristol-Myers Squibb Co., Civil Action Number 3:08-cv-097-RLY-WGH, resolving Bristol-Myers Squibb's (BMS's) violations of the Clean Air Act at BMS facilities located in EPA Regions 1, 2, and 5. The complaint in this matter alleged violations of the refrigerant repair, testing, record-keeping and reporting regulations at 40 C.F.R. Part 82, Subpart F, Sections 82.152 - 82.166 ("Recycling and Emission Reduction"), promulgated pursuant to Subchapter VI of the CAA ("Stratospheric Ozone Protection"), 42 U.S.C. §§ 7671-7671q, at 13 BMS facilities. Prior to the settlement, BMS conducted a nationwide audit of its facilities subject to 40 C.F.R. Part 82, Subpart F and voluntarily disclosed potential violations at those facilities. Pursuant to the Consent Decree, BMS will pay a $127,000 civil penalty, retrofit or retire 17 refrigeration units at an estimated cost of $1.4 million and perform a Supplemental Environmental Project (SEP) at a cost of $2.25 million that will replace two comfort coolers with comfort coolers containing non-ozone depleting substances.

Primary contacts: Deborah Carlson, Office of Regional Counsel, 312-353-6121; Constantinos Loukeris, Air and Radiation Division, 312-353-6198

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Region 5 files a Combined Complaint and Consent Agreement with Chicago Food Corporation

On May 5, 2009, Region 5 filed a combined Complaint and Consent Agreement and Final Order that resolved violations of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) alleged against Chicago Food Corporation. Chicago Food Corporation is a wholesale and resale grocery store based in Chicago, Illinois. On January 29, 2007, an inspector from the Illinois Department of Public Health conducted an inspection under the authority of FIFRA at Chicago Food Corporation's facility. Based on evidence collected during this inspection, EPA determined that the Respondent (Chicago Food Corporation) had sold two pesticides which had not been registered with EPA's Office of Pesticide Programs. EPA issued a pre-filing notice letter to Chicago Food Corporation on June 25, 2008. Following settlement discussions, the Respondent agreed to resolve the matter by paying a civil penalty of $6,000, and further agreed to lawfully dispose of any remaining unregistered pesticides at its facility.

Contacts: James Cha, Office of Regional Counsel, 312-886-0512; Terence Bonace, Land and Chemicals Division, 312-886-3387

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Region 5 Issues a Notice of Determination on Self-Disclosure of Section 313 of Emergency Planning and Community Right-to-Know Act by Double Eagle Steel Coating Company, Dearborn, Michigan

On May 7, 2009, the Chief of the Chemicals Management Branch in the Land and Chemicals Division, EPA Region 5, sent a Notice of Determination letter to Double Eagle Steel Coating (Double Eagle) in response to its August 28, 2008 letter in which it self-disclosed violations for filing year 2007, of Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) at its facility located at 3000 Miller Road Dearborn, Michigan. The self-disclosed EPCRA Section 313 violations were for Double Eagle's failure to timely file with EPA and the State of Michigan a Toxic Chemical Release Inventory Form (Form R) for the toxic chemicals hydrochloric acid, lead compounds, and zinc compounds for calendar year 2007. EPA determined that Double Eagle complied with all of the criteria of the Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations as set forth on April 11, 2000 (65 Fed. Reg. 19618). Therefore, EPA elected to mitigate by 100 percent the gravity portion of the penalty calculated to be $41,512. EPA also determined that since Double Eagle realized little, if any, economic benefit by failing to comply promptly with Section 313 of EPCRA, that the matter would be resolved without a cash penalty. Double Eagle's August 28, 2008 self-disclosure letter also disclosed violations of EPCRA Section 313 for filing year 2006 and EPCRA Section 312 for filing years 2006 and 2007. These violations did not meet the criteria for a self-disclosure penalty reduction and were separately resolved with a Consent Agreement and Final Order with a civil penalty of $93,392 that was filed with the Regional Hearing Clerk on April 23, 2009.

Contact: Robert H. Smith, Office of Regional Counsel, 312-886-0765

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U.S. EPA Region 5 Enters Consent Agreement and Final Order with Stephenson Service Company, Resolving Claim under Section 109(b) of Comprehensive Environmental Response, Compensation, and Liability Act

On May 4, 2009, the Acting Regional Administrator signed a Final Order concluding an administrative action against Stephenson Service Company, under Section 109(b) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Consent Agreement alleged that Stephenson Service Company failed to immediately notify the National Response Center after it had knowledge of the release of 2,797 pounds of anhydrous ammonia, an amount nearly 28 times greater than the reportable quantity. A civil penalty of $28,340 was proposed and Stephenson Service Company will pay a penalty of $10,421. In addition to the penalty, Stephenson Service Company will fund a Supplemental Environmental Project (SEP) valued at $10,000, to purchase four Class A suits and gloves for the Mutual Aid Box Alarm System Division 17 for Stephenson and Jo Daviess counties in northern Illinois.

Contacts: Craig Melodia, Office of Regional Counsel, 312-353-8870; James Entzminger, Superfund Division, 312-886-4062

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Week of May 11, 2009

Region 5 signs Administrative Consent Order and Consent Agreement and Final Order with Owens-Brockway Glass Container, Inc., Streater, Illinois

On May 13, 2009, Region 5 signed an Administrative Consent Order (ACO) and on May 14, 2009, a Consent Agreement and Final Order (CAFO) with Owens-Brockway Glass Container, Inc. (Owens-Brockway). The CAFO commenced and settled an administrative proceeding based on EPA's findings in a March 13, 2007, Finding of Violation/Notice of Violation that Owens-Brockway had violated its Title V permit, Section 502 of the Clean Air Act, 40 C.F.R. § 70.7(b), and the Illinois State Implementation Plan at 35 Ill. Admin. Code § 212.321(a), by failing to maintain compliance with the allowable Particulate Matter (PM) emissions rate at one of its furnaces. The CAFO requires Owens-Brockway to pay a civil penalty of $76,725. Region 5 agreed to reduce the originally proposed penalty of $109,607 in consideration of Owens-Brockway's cooperation and willingness to enter into an Administrative Consent Order (ACO). The ACO requires Owens-Brockway to operate the furnace in question according to an electric boost and glass pull-rate schedule to maintain compliance with the applicable PM emissions limit in the State Implementation Plan.

Contacts: Susan Tennenbaum, Office of Regional Counsel, 312-886-0273; Daniel Schaufelberger, Office of Regional Counsel, 312-886-6814

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Region 5 signs a Consent Agreement and Final Order with BRC Rubber and Plastics, Inc., Montpelier, Indiana

Region 5 initiated this enforcement action with a complaint on December 22, 2008. On May 11, 2009, Region 5 signed a consent agreement and final order (CAFO) with BRC Rubber and Plastics, Inc. of Montpelier, Indiana (BRC) to settle violations of Sections 112 and 502(a) of the Clean Air Act, 42 U.S.C. § 7412 and 7661a(a), and 40 C.F.R. Part 63, Subpart MMMM for having emissions from its coating operations in excess of the emission limit of 37.7 pounds HAPs/gallons coating solids used. BRC is currently in compliance with the Clean Air Act. This settlement will require BRC to pay a penalty of $18,017 and complete a supplemental environmental project to reduce the use of HAPs at the facility. This penalty includes a reduction for cooperation and good faith efforts at compliance, along with credit for implementing a supplemental environmental project.

Contact: Padmavati Bending, Office of Regional Counsel, 312-353-8917

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Region 5 Files a Consent Agreement and Final Order Commencing and Concluding A Proceeding with Spawn Mate, Inc.

OnMay 13, 2009, Region 5 filed a Consent Agreement and Final Order Commencing and Concluding a Proceeding with Spawn Mate, Inc. (the Respondent) to settle violations of Section 12(a)(1)(A) of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136j(a)(1)(A). Specifically, the Respondent distributed or sold two unregistered pesticides on nine separate occasions. Region 5 initiated prefiling discussions on this matter in January, 2009. The proposed penalty was $40,950. During settlement discussions, the Respondent agreed to pay a civil penalty of $32,760.

Contacts: Nidhi O'Meara, Office of Regional Counsel, 312-886-0568; Terence Bonace, Land and Chemicals Division, 312-886-3387

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EPA issues field order for the J & D Services facility

On May 12, 2009, EPA issued a field order to Dale Cinch, J & D Services and Diane C. Anderson (Respondents) pursuant to section 311(c) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(c), as amended (Clean Water Act). The facility is located in Aurora, Minnesota on about 40 acres. There are no current operations on the facility. The facility had been used by several operators including J&D Services (a defunct waste broker and management firm), OSI (a cleanup contractor), and an explosives manufacturer. The current owner of the site is Respondent Diane C. Anderson. Respondent Dale Cinch was an operator at the facility. The site contains several buildings and approximately 1,100 drums which are in varied states of decay, several storage tanks and vats, and has areas of stained soil and a waste-plugged drain of unknown discharge. The wastes include oily waste, oily water, unknown potentially hazardous substances, and other unidentified material. Unnamed lakes are located approximately 1,200 feet east, 2,000 feet south, and 3,400 feet north of the Site. Embarrass Lake is located approximately 4,000 feet west of the Site. A discharge from the facility of oil or a hazardous substance could reach these bodies of water, which are navigable waters of the United States and/or its adjoining shoreline.

The field order requires the Respondents to collect and analyze samples from the drums and containers on site; properly disposed of waste oil, empty drums and empty containers on site; and sample the soil at the oil spill location, and if needed, excavate and properly disposed of all impacted soils. The Respondents agreed to comply with the field order and signed it on May 12, 2009.

Contact: Peter Felitti, Office of Regional Counsel, 312-886-5114

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Region 5 issues Resource Conservation and Recovery Act agreed Compliance Order to RC2 Corporation for storage of recalled toys

On May 11, 2009, Region 5 issued an agreed compliance order under Sections 3007 and 3013 of the Resource Conservation and Recovery Act of 1976 (RCRA), to RC2 Corporation (RC2). RC2 is an owner and/or operator of facilities located in Rochelle, Illinois and Dyersville, Iowa (Region 7 is also a signatory of the order to cover jurisdiction over the Iowa facility). At the two facilities, RC2 stores approximately 1,100,000 toys which have been voluntarily recalled due to the presence or potential presence of lead in paint. At the time of the recall, lead in the painted toys was found to have concentrations ranging from about 0 parts per million (ppm) to approximately 12,000 ppm, using non-RCRA test methodology.

The purposes of the Order are to ensure that none of the recalled toys re-enter the stream of commerce without adequate testing, and to ensure that all solid and hazardous wastes related to the toys are disposed in accordance with RCRA. The Order requires the RC2 to: perform waste determinations in accordance with RCRA on all recalled toys that it disposes or discards from the facilities; ensure that the waste determinations are made pursuant to 40 CFR § 262.11 (35 IAC 722.111); use the Toxic Characteristic Leaching Procedure (TCLP) (with the appropriate sample size and sampling methodology determined pursuant to EPA Publication SW-846); create and maintain documentation of such waste determinations; create and maintain documentation of all shipments of recalled toys that are being disposed or discarded; and provide EPA with 14 days advance written notice prior to removing, distributing, removing, discarding or disposing of any recalled toys from the facilities.

The issuance of the Order culminates a long process of investigation and negotiation by the Region, and establishes positive precedent in EPA's national RCRA initiative on lead-containing recalled toys.

Contact: Andre Daugavietis, Office of Regional Counsel, 312-886-6663

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Week of May 18, 2009

Region 5 Acting Regional Administrator Signs Multi-Agency Working Arrangement Regarding Lake of the Woods Watershed

On May 22, 2009, Region 5 signed a working arrangement designed to foster trans-jurisdictional coordination and collaboration on science and/or management issues regarding the Lake of the Woods (LOW) watershed. The focus of the signatories will be to exchange information and share expertise on factors influencing algal blooms, nutrient loading, shoreline erosion, and science and support for the development of a LOW Water Sustainability Plan. Signatories to the arrangement include Environment Canada, Ontario Ministry of the Environment, Manitoba Water Stewardship, Ontario Ministry of Natural Resources, Red Lake Band of Chippewa Indians, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, and Lake of the Woods Water Sustainability Foundation.

Primary contact: Jane Lupton, Office of Regional Counsel, 312-886-2238

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Judge rules orally in U.S. v. Jupiter Aluminum Corp. on May 21, 2009

On May 21, 2009 Judge Simon ruled in a telephonic conference call in the U.S. v. Jupiter Aluminum Corporation matter that: (1) defendant's motion to modify the consent decree is denied and (2) defendant's motion for declaratory judgment and preliminary injunction is denied. The court will follow-up with a written order. This ruling completes Judge Simon's Opinion and Order issued on February 18, 2009, which withheld judgment on whether the defendant should be allowed to melt "other than clean" ("OTC") scrap prior to installing additional pollution controls. Once the written order is issued, unless appealed, Jupiter will be required to pay $3,365,000 in stipulated penalties within 60 days, and immediately begin installing the additional pollution controls required by Appendix A to the Consent Decree.

This case involves enforcement of the Clean Air Act National Emissions Standards for Hazardous Air Pollutants (NESHAP) for secondary aluminum production, 40 C.F.R. Part 63, Subpart RRR. Together with the State of Indiana and the City of Hammond, the United States entered into a consent decree with Jupiter Aluminum in October of 2007 that addressed numerous Subpart RRR violations at its secondary aluminum smelting in Hammond, Indiana. When Jupiter began violating the consent decree, the United States demanded stipulated penalties in December 2007. In an effort to renegotiate the consent decree that it was violating, Jupiter moved for relief under Federal Rules of Civil Procedure, Rule 60(b) from key consent decree provisions, including the obligation to use only clean scrap until it installs the additional pollution controls required in Appendix A to the Consent Decree and to pay $3,365,000 in stipulated penalties for violations through February 5, 2008.

Contacts: Cathleen Martwick, Office of Regional Counsel, 312-886-7166; Padma Bending, Office of Regional Counsel, 312-353-8917

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Individual Indicted For Clean Water Act Violations and False Statements In Moline, Illinois; UnitedStatesv.LeRoy Hill

On May 19, 2009, LeRoy A. Hill was indicted for knowingly submitting false discharge monitoring reports, failing to report lab results showing violations of permit requirements, and failing to notify the City of Moline of such lab results at the John Deere Seeding and Cylinder facility in Moline, Illinois.

The indictment alleges that as the environmental coordinator and licensed Class K wastewater treatment operator, Hill was responsible for operating the Deere facility's wastewater treatment system. Deere's painting and plating manufacturing processes generated a wastewater stream that contained heavy metals, including chromium, nickel, copper, lead, and zinc. Deere's permit required the permittee to take samples of the treated wastewater and to report all sample results to the City of Moline on a quarterly basis in a discharge monitoring report (DMR). The permit also required that in the event a sample result showed a violation of the permit limits for any of the listed parameters, the permittee must notify the City of Moline within 24 hours of becoming aware of a violation and within five days in writing. From 2000 through February 2005, Hill was responsible for ensuring that wastewater discharge samples were taken and submitted to an outside laboratory for analyses, and that results were reported to the City of Moline. During that time period, Hill instituted a pattern and practice of failing to report sample results showing violations and failing to submit DMRs that included all of the sample results taken at the Deere Facility. Hill failed to report in excess of 200 sample results during this time period, including more than 100 sample results reflecting violations of the permit for discharges that exceeded the allowed limits for chromium, copper, lead, nickel, and zinc. For the time period material to the indictment, this included at least twenty-three (23) samples taken on or about May 14, 2004, to December 15, 2004.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

Contact: Crissy Pellegrin, Office of Regional Counsel, (312) 353-5263

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United States Lodges Consent Decree with Georgia Pacific, LLC for the Design and Implementation of Certain Response Actions at Willow Boulevard/A-Site Landfill, Operable Unit 2, of the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site in Kalamazoo, MI

On Monday, May 18, 2009, the United States lodged with the U.S. District Court for the Western District of Michigan a proposed Consent Decree in U.S. v. Georgia Pacific, LLC for design and implementation of certain response actions at two former disposal areas, known collectively as the Willow Boulevard/A-Site Landfill, in Kalamazoo, MI.
The Willow Boulevard/A-Site Landfill was formerly used for the disposal of waste paper residuals generated during the production of paper and paper products at the Georgia Pacific Kalamazoo Mill and the Allied Paper King Mill. This operable unit of the superfund site is located immediately adjacent to the Kalamazoo River and the wastes are contaminated primarily with PCBs. EPA issued the Record of Decision for this operable unit on September 26, 2006.

Under the proposed Consent Decree, Georgia Pacific (GP) will perform remedial work including: the design and installation of a permanent geotextile landfill cap over a 32-acre, PCB-contaminated area; the design and installation of a groundwater monitoring system; and the implementation of long-term erosion control measures. Additionally, Georgia-Pacific will restore the wetland and woodland areas and create shoreline habitat areas along the Kalamazoo River at the Willow Boulevard/A-Site Landfill. The agreed upon work is estimated at $12.7 million. Landfill design work will begin immediately following a comment period and court approval. On-site construction work is expected to begin by 2011. GP has also agreed to pay the United States a total of $225,509.91 in past response costs and additional unknown future costs incurred by EPA at this operable unit.
The Consent Decree is subject to a 30-day public comment period, which has yet to be scheduled, but will begin upon publication of a notice in the Federal Register.

Contacts: Leslie Kirby-Miles, Office of Regional Counsel, 312-353-4993; Nicole Wood-Chi, Office of Regional Counsel, 312-886-0664; Michael Berkoff, Superfund Division, 312-353-8983

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Ohio Concentrated Animal Feeding Operation Pleads Guilty To Making Illegal Discharge Into Tributary Of Tymochtee Creek; UnitedStatesV.Ohio Fresh Eggs, LLC

On May 18, 2009, Ohio Fresh Eggs, LLC ("OFE") pled guilty to information charging it with illegally discharging egg wash water into Kreisel Ditch, a tributary of Tymochtee Creek.

In addition to OFE's guilty plea, a plea agreement was filed with the Court. The plea agreement recommends that OFE serve a three-year term of probation. During the term of probation, the parties recommended to the Court, that OFE will pay a fine of $150,000 and pay a total of $150,000 to three charitable environmental organizations, as part of community service. Also, during the term of probation, OFE has agreed to make a number of improvements to its facility, including the addition of another field to which the egg wash water will be applied.

OFE, a Concentrated Animal Feeding Operation (CAFO), is the largest egg producer in the State of Ohio with 12 production facilities located in Northwest and Central Ohio. In Northwest Ohio, OFE operates a commercial egg farm located in Marseilles. Approximately three million egg laying chickens are housed at this egg production facility. Kreisel Ditch is located near the facility.

Eggs produced at the Marseilles OFE facility are washed prior to shipment. The water from the egg washing process is collected in a lagoon at the farm. This wastewater contains broken eggs, soap, and a minor amount of manure. To dispose of the wastewater in the lagoon, OFE applies it to a nearby field owned by OFE. OFE has a permit to apply the wastewater to the field.

A contractor for OFE, Myron P. Lawler, directed a crew which applied the wastewater to the field. At Mr. Lawler's direction, the wastewater was negligently over applied onto the field through the night of March 6, 2007, and into next morning. As a result of the over-application, on March 7, 2007 the wastewater flowed off of the field, through a series of drainage tiles, into Kreisel Ditch and subsequently into Tymochtee Creek. The information charges both OFE and Mr. Lawler with negligently violating the Clean Water Act. The charge against Mr. Lawler is still pending.

This case was prosecuted by United States Department of Justice, United States Attorney, Northern District of Ohio, following an investigation by EPA Criminal Investigation Division; the Ohio Attorney General's Office, Bureau of Criminal Identification and Investigation; and the Ohio Environmental Protection Agency, Office of Special Investigations, all members of the Northwest Ohio Environmental Crimes Task Force.

Contact: Brad Beeson, Office of Regional Counsel, 440-250-1761

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Week of May 25, 2009

Notice of Lodging of Proposed Consent Decree with Friction Holdings LLC

On May 29, 2009, a proposed Consent Decree in United Statesv. Friction Holdings LLC, Civ. No. 09-662, was lodged with the United States District Court for the Southern District of Indiana. The proposed Consent Decree resolves alleged violations of the Clean Water Act (CWA), 33 U.S.C. §§ 1251-1387; the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901-6992k; the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2692; and the Clean Air Act (CAA), 42 U.S.C. §§ 7401-7671q, in connection with Friction Holdings' operation of an automotive and heavy duty wet friction material and parts manufacturing facility in Crawfordsville, Indiana. This facility was previously owned by Raybestos Products Company. Under the proposed Consent Decree, Friction Holdings would be required to: (1) pay a civil penalty of $337,500 based on their inability to pay a larger penalty; (2) pursuant to the Clean Water Act, prepare and implement various sampling, monitoring, training, reporting, and operation plans to insure that the facility's waste water is being handled properly; (3) pursuant to RCRA, investigate the facility's groundwater to determine if the groundwater is contaminated with PCBs and other hazardous substance, and if so whether the migration of the contaminated groundwater is under control; (4) pursuant to RCRA, remediate two small areas of suspected PCB contamination; and (5) pursuant to TSCA, eliminate several sources of PCB contamination at the facility, and study the need for, and conduct where required, risked-based disposals or remediation of on-facility PCB contamination. The estimated cost of the above injunctive relief is $305,000. Prior to entering into the Consent Decree, the Defendant brought the facility into compliance with the Clean Air Act and resolved the allegations in the Complaint pertaining to violations of that statute. U.S. EPA, Region 5, acted as pre-filing DOJ lead in negotiating the settlement and preparing the Complaint and proposed Consent Decree.

Contacts: Thomas Kenney, Office of Regional Counsel, 312-886-0708; Robert H. Smith, Office of Regional Counsel, 312-886-0765

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United States Lodges Consent Decree in Pielet Bankruptcy Cases for the Midwest Metallics Site in Summit, Illinois; and the H&H Enterprises Site in Gary, Indiana

On May 18, 2009, the United States lodged a proposed Consent Decree with the United States Bankruptcy Court in two related bankruptcy cases, In Re James Pielet, Case No. 06-01026 (Bankr. N.D. Ill.), and In re J.P. Investment, Inc., No. 06-01037 (Bankr. N.D. Ill.). The Consent Decree provides for the recovery of response costs that Region 5 EPA has incurred and will incur in addressing environmental contamination at two sites: Midwest Metallics Site in Summit, Illinois; and the H&H Enterprises Site in Gary, Indiana. The United States has asserted a claim against the J.P. Investments bankruptcy estate for $5,087,276 in costs associated with the Midwest Metallics Site, and it has asserted a claim against the James Pielet bankruptcy estate for $3,210,411.66 in costs associated with the H&H Enterprises Site.

The proposed Consent Decree would resolve the United States' claims in the two bankruptcy cases in exchange for providing EPA: (i) A $700,000 allowed secured claim against the James Pielet bankruptcy estate, to be paid on a priority basis pursuant to 11 U.S.C. 725; (ii) a $2,510,411.66 allowed general unsecured claim against the James Pielet bankruptcy estate, (iii) a $3,391,517.33 allowed general unsecured claim against the J.P. Investments bankruptcy estate; and (iv) a $1,695,758.67 allowed general unsecured subordinated claim against the J.P. Investments bankruptcy estate.

Assuming that the Consent Decree is entered by the Bankruptcy Court, these allowed claims would be expected to result in the distribution of the $700,000 secured claim to the United States soon after Consent Decree entry, and an additional approximately $400,000 when the payments to the unsecured creditors are distributed. Since response actions have been largely completed at H&H Enterprises, most of the distributions will be placed into a Superfund Special Account to finance future work at the Midwest Metallics Site. The Consent Decree is subject to a 30-day public comment period, which began on May 27, 2009, with publication of a notice in the Federal Register.

Contacts: Sherry L. Estes, Office of Regional Counsel, 312-886-7164; Thomas Krueger, Office of Regional Counsel, 312-886-0562

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Region 5 signs a Consent Agreement and Final Order with Environmental Management Corporation resolving Emergency Planning and Community Right to Know Act Reporting Violations

On May 29, 2009, Region 5 filed a Consent Agreement and Final Order (CAFO) with the Regional Hearing Clerk that simultaneously commences and concludes alleged violations of Section 311 and Section 312 of the Emergency Planning and Community Right to Know Act by Environmental Management Corporation (EMC) at EMC's Lincoln, Illinois facility. Under the terms of the CAFO, EMC will pay a civil penalty of $12,500. In addition, EMC will spend at least $41,000 on a supplemental environmental project to provide ten direct-fired heaters for diesel school buses in Logan County, Illinois.

Contacts: James Entzminger, Superfund Division, 312-886-4062, Steve Marquardt, Air and Radiation Division, 312-353-3214, and Mary McAuliffe, Office of Regional Counsel, 312-886-6237

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