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

Plain-English summary

Safe Environment Corporation of Indiana filed a petition for reimbursement of costs, fees, and other expenses concerning the Cleveland Trencher Site. With the concurrence of EPA Region 5 counsel, the company moved to dismiss the petition with prejudice and reported that EPA had paid it and that all claims were fully resolved. The Environmental Appeals Board dismissed the petition for reimbursement with prejudice. The order does not state a penalty.

Decision snapshot

• Cited authorities: None expressly cited in the released order.
• Outcome: Settled. The petition for reimbursement was dismissed with prejudice after the petitioner reported payment from EPA and resolution of all claims.
• Key point: Payment resolving all claims led to dismissal of the CERCLA reimbursement petition.

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: 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 Annette Duncan
Secretary