ELR Citation: ELR 20192
No(s). IP-80-457-C (S.D. Ind. Dec 15, 1982)

The Environmental Protection Agency (EPA) and the state of Indiana sign a consent decree with 24 companies who allegedly generated and/or caused to be transported solid and hazardous waste disposed of at the Seymour Recycling site, Indiana. The settling companies were defendants in a lawsuit brought by EPA under $7003 of the Resource Conservation and Recovery Act, $311 of the Federal Water Pollution Control Act, and §§106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, which wought abatement of the imminent and substantial endangerment at the site and response costs. Under the decree, the settling companies agree to pay a total of $7.8 million into the Seymour Site Trust Fund, which will be used to apy Chemical Waste Management for the surface cleanup at the site. In return, the federal, state, and local governments agree not to take any judicial or administrative action against the settling companies. However, the decree states that the federal and state governments do not release any claim for cost recovery, injunctive, or other relief that they may have against entities not parties to the consent decree.

Counsel for Plaintiffs.
Carol E. Dinkins, Ass't Attorney General; Steven Ramsey, John C. Hammock
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5227

Charles Goodloe Jr., U.S. Attorney
274 U.S. Cthse., 46 E. Ohio St., Indianapolis IN 46204
(317) 269-6333

Mitchell Burack
Office of Legal Enforcement Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-4810

Frank Biros
Office of Waste Programs Enforcement
Environmental Protection Agency, 230 S. Dearborn St., Chicago IL 60604
(312) 353-2094

Counsel for Defendant IBM
Allan J. Topol
Covington & Burling
1201 Pennsylvania Ave. NW, Washington DC 20044
(202) 662-6000