Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust (Board decision, January 3, 2013)

Plain-English summary

Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust, filed a petition for reimbursement concerning the Cleveland Trencher Site. The petitioner later withdrew the petition and reported that the parties had entered into a consent agreement settling all matters related to it. The Environmental Appeals Board dismissed the petition with prejudice. The order does not decide whether the trust was entitled to reimbursement and does not state a penalty.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The CERCLA 106(b) reimbursement petition was dismissed with prejudice after withdrawal and settlement.
• Key point: The Board ended the reimbursement proceeding after the petitioner withdrew its petition and reported a settlement.

Full text (EPA EAB public release)

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

In re:

Joseph J. Piscazzi, Trustee, Joseph J.
Piscazzi Revocable Trust
(Cleveland Trencher Site)

CERCLA 106(b) Petition No. 12-03

ORDER DISMISSING PETITION FOR REIMBURSEMENT

On December 28, 2012, the petitioner in the above-captioned matter, Joseph J. Piscazzi,

Trustee, Joseph J. Piscazzi Revocable Trust, filed a notice of withdrawal of its petition for

reimbursement. Notice of Withdrawal (Dec. 28, 2012) ("Notice"). The Notice states that the

parties have entered into a consent agreement, "wherein they reached a settlement of all matters

relating to the Petition." Notice at 1.

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

dismissed with prejudice.

ENVIRONMENTAL APPEALS BOARD

Dated: January 3, 2013

By: 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 Joseph J. Piscazzi, Trustee, Joseph J. Piscazzi Revocable Trust, (Cleveland
Trencher Site), CERCLA 106(b) Petition No. 12-03, were sent to the following persons in the
manner indicated:

By Facsimile and First Class Mail:

Mark J. Scarpitti
Danielle A. Higgins
Day Ketterer, Ltd.
200 Market Ave. North, Suite 300
Canton, OH 44702
Fax. # (330) 455-2633

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:
JAN - 3 2013

Annette Duncan
Secretary