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

Plain-English summary

Joseph J. Piscazzi, as trustee of the Joseph J. Piscazzi Revocable Trust, filed a petition for reimbursement concerning the Cleveland Trencher Site. The trustee later filed a notice withdrawing the petition and reported that the parties had entered a consent agreement settling all matters related to it. 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 parties entered a consent agreement.
• Key point: A consent agreement settling all matters related to the petition led to dismissal with prejudice.

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. ) CERCLA 106(b) Petition No. 12-03 Piscazzi Revocable Trust ) (Cleveland Trencher Site) )
)
--------------------------)

              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

     January 3, 2013