(DAYTON, Ohio) - The former operators as well as the current property owner of a closed hazardous waste treatment, storage and disposal facility in Dayton have been ordered to finish determining the extent of contamination that remains at the site, address any impacted soil and ground water and pay $14,706,800 in stipulated penalties.
Republic Environmental Systems Ohio, Inc. (Republic), formerly known as Ecolotec, stopped operating the facility at 636 N. Irwin St. in 1995. After Republic failed to properly close the site, Ohio Environmental Protection Agency obtained a court order on Sept. 18, 1998 that required the company to close the facility in compliance with state hazardous waste regulations. In the meantime, ownership of the property had been transferred to McCabe Corp. which had full knowledge of the court order.
When the former and current owners failed to comply with the court order, the Ohio Attorney General’s Office, on behalf of the Ohio EPA, filed a motion in July 2007 asking the judge to find the defendants in contempt. In February 2009, the court ruled that both the current and former owners are liable in contempt for failing to comply with the 1998 court order. On Oct. 9, 2009, Montgomery County Common Pleas Court Judge Mary Wiseman handed down the $14.7 million penalty judgment.
"For years, the defendants in this case refused to accept responsibility for their own inaction," said Ohio Attorney General Richard Cordray. "This result should send a clear message that respecting court orders that protect the health of our citizens and our environment must be a priority."
Soil and ground water samples indicated that there is contamination remaining on the site. Republic began a limited cleanup before selling the property. The property is within Dayton’s Source Water Protection Area, and the contaminated ground water prompted concerns about the site.
Ohio EPA Director Chris Korleski said sites like this must be addressed. “Any time we have a concern that individuals or companies, through their activities, threaten public health, we respond. Protecting drinking water is a priority for Ohio EPA.”
When collected, the penalties will be split between the state’s Hazardous Waste Cleanup Fund and the Ohio Environmental Education Fund's Clean Diesel School Bus Fund.
Other defendants include Republic Environmental Systems, Inc.; BRAC, Inc.; McCabe Engineering Corp.; and Edward M. McCabe.
To view the court order, go to www.OhioAttorneyGeneral.gov/RepublicCourtOrder.