EPA v. NEW CASTLE, COUNTY OF ET AL

Case summary

NEW CASTLE COUNTY; WILLIAM C. WARD ET AL (TYBOUTS LANDFILL) NEW CASTLE COUNTY, DE, FILED 10/8/80, CIVIL ACTION #80-489 US DIST CT FOR THE DISTRICT DE, THE 50 ACRE TYBOUTS LANDFILL WAS OPERATED AS A MUNICIPAL LANDFILL BY NEW CASTLE COUNTY FROM JAN 1969 UNTIL JUL 1971. ACCRDNG TO THE COMPLAINT, WSTES FROM THE NEW CASTLE COUNTY SITE HAVE CONTAMINATED PORTIONS OF THE COLUMBIA & POTOMAC AQUIFERS & AT LEAST 1 PRIVATE DRINKING WTR WELL. TYBOUTS IS LOCATED ON 76 ACRES OF PROPERTY OWNED BY WM AND ELIZABETH WARD. NEW CASTLE LEASED 50 ACRES FROM THE WARDS FOR USAGE AS A MUNICIPAL LANDFILL, & THE WARDS AGREED TO ASSUME JOINT RESPONSIBILITY FOR ITS OPERATION. THE LANDFILL IS SOUTH OF THE INTERSECTION OF US 13 & DELAWARE 71, & IS ABOUT 4 MILES NORTH OF THE CHESAPEAKE & DELAWARE CANAL. THE WESTERN BOUNDARY IS FORMED BY PIDGEON RIVER, A TRIBUTARY STRM OF RED LION CREEK WHICH CROSSES UNDER RTE 13 AT THE SW CORNER OF THE LANDFILL. THE NORTHERN PORTION OF THE LANDFILL ABUTS RTE 71. PORTIONS OF THE COLUMBIA & POTOMAC AQUIFERS ARE DIRECTLY BENEATH THE SITE. THE COLUMBIA AQUIFER OVERLIES THE POTOMAC AQUIFER & CONSISTS OF SEDIMENTS OF SILTY SANDS THAT DISPLAY WIDE VARIATIONS IN TEXTURE, SORTING & PERMEABILITY. THE GRNDWTR FLOW DIRECTION OF THE COLUMBIA AQUIFER IS W/SW WHILE THE FLOW DIRECTION OF THE POTOMAC AQUIFER IS IN A SOUTHERNLY DIRECTION. A NO. OF NEARBY RESIDENCES RELY ON THESE AQUIFERS AS THE SOURCE WATER FOR THEIR DRINKING WATER WELLS. THE WARDS SIGNED THE LEASE AGREEMNT W/NEW CASTLE COUNTY IN DEC 1968. THE COUNTY MAINTAINED AT LEAST 3 FULL TIME EMPLOYEES ON-SITE WHO AS PART OF THEIR DUTIES AUTHORIZED RECEIPT OF WSTES FOR DISPOSAL, COLLECTED DUMPING FEES, & PLACED COVER MAT'L OVER THE DISPOSAL WSTES. NEW CASTLE COUNTY ALSO HAD THE AUTHORITY TO ACCEPT OR REJECT WSTES BROUGHT TO THE LANDFILL & DURING THE COURSE OF THE OPERATION ALLOWED CHEM & INDUSTRIAL WSTES TO BE DISPOSED OF THERE. FROM 1969-1971 DEFNDNT STAUFFER CHEM CO DUMPED APPROX 15100 TONS OF WSTE AT TYBOUTS FROM ITS POLY VINYL CHLORIDE (PVC) PRODUCT'N OPERAT'N AT ITS DE CITY PLNT. PVC PRODUCTION INVOLVES THE POLYMERIZATION OF VINYL CHLORIDE MONOMER, A HUMAN CARCINOGEN. THE CO DISPOSED OF WSTES THAT CONTAINED INDETERMINATE AMTS OF RESIDUAL VINYL CHLORIDE MONOMER, AND 1,2-DICHLOROETHENE & TRICHLOROETHYLENE. THESE CHEM HAVE BEEN DETECTED IN GRNDWTR SAMPLES TAKEN ON OR NEAR THE LANDFILL. VINYL CHLORIDE IS A KNOWN CARCINOGEN & MUTAGEN. 1,2-DICHLOROETHANE IS A CARCINOGEN, MUTAGEN & AN IRR- ITANT. TETRACHLOROETHYLENE IS A KNOWN CARCINOGEN, MUTAGEN, TERATOGEN, IRRITANT & NARCOTIC. OTHER CHEM DETECTED INCLUDE BENZENE, CHLOROETHANE, PHENOL, METHYL CHLORIDE, ARSENIC, CHLOROFORM & HAPTHALENE AMONG OTHERS. TO DATE, OSWER HAS AUTHORIZED APPROX $440000 UNDER CERCLA FOR SITE INVESTIGATION & REMEDIAL STUDY. NEGOTIAT'NS FOR VOLUNTARY IMPLEMENTATION OF THIS WORK ARE VOLUNTARY. THIS SITE IS ON THE PROPOSED NPL.

Defendants (6)

• DUPONTNamed in complaintNamed in settlement
• ICI AMERICAS, INCNamed in complaintNamed in settlement
• NEWCASTLE COUNTY, DELAWARENamed in complaintNamed in settlement
• STAUFFER CHEMICAL CO.Named in complaintNamed in settlement
• WILLIAM C. WARDNamed in complaintNamed in settlement
• WITCONamed in complaintNamed in settlement

Facilities (1)

• TYBOUTS CORNER LANDFILL

  US RTE 13 & DEL RTE 71, NEW CASTLE COUNTY, DE, 19899

  Registry ID: 110002514681

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 104E3 — Entry Access

Enforcement conclusions (2)

• NEW CASTLE, CO. OF (AVON)entered 1988-12-21

  Primary law: CERCLA

• NEW CASTLE, COUNTY OF, ET ALentered 1988-12-21

  Primary law: CERCLA

Timeline (7 milestones)

• 1980-09-10Referred To Headquarters
• 1980-10-03Referred To Dept Of Justice
• 1980-10-08Referred TO U.S. Attorney
• 1980-10-08Complaint Filed With Court
• 1988-12-21Final Order Lodged
• 1988-12-21Final Order Entered
• 1988-12-21Concluded