Titan Tire Corporation & Dico, Inc. (Southern Iowa Mechanical Superfund Site) (Board decision, February 10, 2021)

Plain-English summary

Titan Tire Corporation and Dico, Inc. had a petition for reimbursement pending before the Environmental Appeals Board concerning the Southern Iowa Mechanical Superfund Site. The petition had been stayed while overlapping liability litigation proceeded in federal court. The companies reported that they had reached a settlement with EPA Region 7 and that the U.S. District Court for the Southern District of Iowa had entered a consent decree resolving the claims in the petition. They also stated that they would not refile the petition if withdrawal was granted. The Board granted the motion and dismissed the petition for reimbursement with prejudice.

Decision snapshot

• Cited authorities: CERCLA § 106(b), 42 U.S.C. § 9606(b)
• Outcome: The motion for voluntary withdrawal was granted, and the reimbursement petition was dismissed with prejudice.
• Key point: A petitioner may withdraw a stayed reimbursement petition after a settlement and consent decree resolve the overlapping claims.

Full text (EPA EAB public release)

                                                                                      F I L E D
                                                                                          Feb 10, 2021
                                                                                     Clerk, Environmental Appeals Board
                   ENVIRONMENTAL APPEALS BOARD        INITIALS ________________________
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.

                                          )

In re: )
)
Titan Tire Corporation & Dico, Inc. )
(Southern Iowa Mechanical Superfund Site) ) CERCLA § 106(b) Petition No. 10-01
)
CERCLA Administrative Order )
No. CERCLA-07-2009-0006 )
______)

                   ORDER GRANTING MOTION FOR VOLUNTARY
                    WITHDRAWAL AND DISMISSING PETITION

     On February 5, 2021, Titan Tire Corporation and Dico, Inc., filed a motion to withdraw

their petition for reimbursement in the above-captioned matter. Their petition has been pending

and stayed before the Environmental Appeals Board while litigation on overlapping liability

issues has proceeded in the federal courts. In 2020, Titan Tire and Dico reached a settlement

with the U.S. Environmental Protection Agency, Region 7. Petitioners represent that on

February 1, 2021, the U.S. District Court for the Southern District of Iowa in United States v.

Dico, 4:10-CV-00503 (S.D. Iowa), entered a consent decree resolving the claims in the petition.

Petitioners further represent that, if their motion is granted, they will not seek to refile their

petition.

     Having considered Titan Tire and Dico’s motion and the representations therein, the

Board GRANTS the motion and DISMISSES WITH PREJUDICE their petition for

reimbursement.

     So ordered.                                    ENVIRONMENTAL APPEALS BOARD

Dated: Feb 10, 2021 By: ________
Kathie A. Stein
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

   I hereby certify that copies of the foregoing Order Granting Motion for Voluntary

Withdrawal and Dismissing Petition in the matter of Titan Tire Corp. & Dico, Inc. (Southern
Iowa Mechanical Site), CERCLA § 106(b) Petition No. 10-01, were sent to the following
persons in the manner indicated:

By Electronic Mail:

Thomas D. Lupo, Esq.
Michael F. Iasparro, Esq.
Hinshaw & Culbertson LLP
222 North LaSalle Street, Suite 300
Chicago, Illinois 60601
telephone: (312) 704-3000
e-mail: [email protected]
[email protected]

Kristen Nazar, Esq.
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, Kansas 66219
telephone: (913) 551-7450
e-mail: [email protected]

  Feb 10, 2021

Date:__ _______
Eurika Durr
Clerk of the Board

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