Safe Environmental Corporation of Indiana (Cleveland Trencher Site) (Board decision, February 28, 2013)

Plain-English summary

Safe Environment Corporation of Indiana sought reimbursement of costs, fees, and other expenses in a CERCLA section 106(b) matter. The company moved for dismissal with prejudice with the concurrence of counsel for EPA Region 5. It stated that EPA had paid the claim and that all claims had been fully resolved. The Board dismissed the reimbursement petition with prejudice.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The petition for reimbursement was dismissed with prejudice after the claims were resolved.
• Key point: Payment resolving the reimbursement claims supported dismissal with prejudice.

Full text (EPA EAB public release)

                     BEFORE THE ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.

                                         )

In re: )
)
Safe Environment Corporation of Indiana ) CERCLA 106(b) Petition No. 12-02
(Cleveland Trencher Site) )
)
)

              ORDER DISMISSING PETITION FOR REIMBURSEMENT

     On February 26, 2013, the petitioner in the above-captioned matter, Safe Environment

Corporation of Indiana, with the concurrence of counsel for U.S. Environmental Protection

Agency Region 5, moved for dismissal with prejudice of its Petition for Reimbursement of Costs,

Fees and Other Expenses filed with the Environmental Appeals Board. Petitioner states that it

"has received payment from EPA relative to this matter and all claims have been fully resolved."

Stipulation of Dismissal with Prejudice, at 1 (Feb. 26, 2013).

     Under these circumstances, the above-captioned petition for reimbursement is hereby

dismissed with prejudice.

     So ordered.

                                                ENVIRONMENTAL APPEALS BOARD

Dated: February 28, 2013 By: [signature]
Leslye M. Fraser
Environmental Appeals Judge

                            CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Order Dismissing Petition for Reimbursement

in the matter of Safe Environment Corporation of Indiana (Cleveland Trencher Site), CERCLA
106(b) Petition No. 12-02, were sent to the following persons in the manner indicated:

By Facsimile and First Class Mail:

Audrey K. Bentz
Janik LLP
9200 South Hills Boulevard
Suite 300
Cleveland, OH 44147
Fax. # (440) 838-7601

By Facsimile and Pouch Mail:

Kevin Chow
Associate Regional Counsel (C-14J)
U.S. EPA Region 5
77 West Jackson Boulevard
Chicago, IL 60604-3590
Fax # (312) 408-2233

Dated: February 28, 2013 [signature]
Annette Duncan
Secretary