EPA v. BOARD OF COUNTY COMMISSIONERS, CECIL COUNTY MD

Case summary

THE 37-ACRE WOODLAWN LANDFILL SITE IS LOCATED IN COLORA, CECIL COUNTY, MARYLAND, A MIXED RESIDENTIAL AND RURAL AREA WHICH RELIES ON GROUNDWATER FOR DRINKING WATER. THE COUNTY-OWNED LANDFILL WAS FORMERLY USED FOR THE DISPOSAL OF MUNICIPAL, INDUSTRIAL AND AGRICULTURAL WASTES. A REMEDIAL INVESTIGATION/FEASIBILITY STUDY PERFORMED BY THE FIRESTONE TIRE AND RUBBER COMPANY AND CECIL COUNTY REVEALED THAT GROUNDWATER BENEATH THE LANDFILL, AND BENEATH PROPERTIES ADJOINING THE LANDFILL, IS CONTAMINATED WITH CHEMICALS AT LEVELS THAT EXCEED MAXIMUM CONTAMINANT LEVELS ( MCLS ) FOR PUBLIC DRINKING WATER SUPPLIES AND/OR RISK-AND HEALTH-BASED CONCENTRATIONS. SITE-RELATED CONTAMINANTS WERE FOUND IN TWO NEARBY RESIDENTIAL WELLS. IN ADDITION, CONTAMINANTS POTENTIALLY HAZARDOUS TO ECOLOGICAL RECEPTORS WERE FOUND IN SITE SOILS AND SEDIMENTS. A STREAM THAT FLOWS ACROSS THE SOUTHERN TIP OF THE SITE CONTAINS METALS AT LEVELS WHICH EXCEED FEDERAL AMBIENT WATER QUALITY CRITERIA FOR THE PROTECTION OF ACQUATIC LIFE. EPA'S RECORD OF DECISION FOR THE SITE, WHICH WAS ISSUED SEPTEMBER, 28, 1993, REQUIRES CAPPING THE LANDFILL, PUMPING AND TREATING THE CONTAMINATED GROUNDWATER, MONITORING THE GROUNDWATER, THE LANDFILL GAS AND THE STREAM, FENCING THE PERIMETER OF THE SITE, AND IMPOSING DEED AND GROUNDWATER USE RESTRICTIONS. CECIL COUNTY, THE OWNER OF THE LANDFILL, AND THE NAVY, A GENERATOR OF WASTES DISPOSED THERE, WERE AMONG TEN ENTITIES THAT RECEIVED SPECIAL NOTICE LETTERS SENT OUT BY EPA ON MARCH 4, 1994. THE SPECIAL NOTICE LETTERS INCLUDED A DEMAND FOR PAYMENT OF PAST COSTS IN EXCESS OF 408,872.39 AND STATED THAT ADDITIONAL COSTS WOULD CONTINUE TO BE INCURRED. WITH THE ASSISTANCE OF A MEDIATOR, MOST OF THE RECIPIENTS OF THESE LETTERS ATTEMPTED UNSUCCESSFULLY TO REACH AGREEMENT ON AN ALLOCATION OF COSTS. THEREAFTER, EPA AND DOJ NEGOTIATED A PROPOSED CONSENT DECREE WITH CECIL COUNTY, THE NAVY AND BRIDGESTONE/FIRESTONE, WHICH BRIDGESTONE/FIRESTONE DECLINED TO SIGN. IN SEPTEMBER OF 1994 BRIDGESTONE/FIRESTONE FILED A COST RECOVERY ACTION AGAINST CECIL COUNTY AND ALL OF THE OTHER GENERATORS EXCEPT THE NAVY. ON NOVEMBER 28, 1994, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER ( UAO ) TO CECIL COUNTY AND BRIDGESTONE/FIRESTONE FOR REMEDIAL DESIGN/REMEDIAL ACTION ( RD/RA ) WORK AT THE SITE. AT THEIR REQUEST, CECIL COUNTY AND THE NAVY BEGAN NEGOTIATIONS WITH THE UNITED STATES, WHICH RESULTED IN THE CONSENT DECREE, WHICH IS BEING REFERRED. BRIDGESTONE/FIRESTONE CONTINUES TO PERFORM THE REMEDIAL DESIGN WORK IN COMPLIANCE WITH THE UAO. A CONSENT DECREE IS BEING FILED WITH THE BOARD COUNTY COMMISSIONERS OF CECIL COUNTY, MD. AND THE U.S. DEPARTMENT OF THE NAVY. IT IS PRIMARILY A COST RECOVERY CONSENT DECREE FOR RD/RA, BUT CECIL COUNTY IS ALSO PROVIDING ACCESS, DEED RESTRICTIONS, AND CONTINUING GROUNDWATER USE RESTRICTIONS FOR PROPERTIES IN THE VICINITY OF THE LANDFILL.

Defendants (10)

• AIR PRODUCTS AND CHEMICALS, INC.
• BRIDGESTONE/FIRESTONE INCNamed in settlement
• ELKTON SPARKLER COMPANY, INC.
• GENCORP, INC.
• HARFORD SANITATION SERVICES, INC.
• OCCIDENTAL CHEMICAL CORPORATION
• THE BOARD OF COUNTY COMMISSIONERSNamed in complaintNamed in settlement
• THE BOC GROUP, INC.
• U.S. DEPARTMENT OF DEFENSE,DEPT. OF NAVYNamed in settlement
• UNITED DOMINION INDUSTRIES, INC.

Facilities (1)

• WOODLAWN LANDFILL

  FIRE TOWER RD, WOODLAWN, MD, 21207

  Registry ID: 110008425025

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BOARD OF COUNTY COMMISSIONERSentered 1996-12-09

  Primary law: CERCLA

Timeline (6 milestones)

• 1988-09-01Enforcement Action Data Entered
• 1993-11-23PRN Sent
• 1996-09-09Referred To Dept Of Justice
• 1996-09-30Complaint Filed With Court
• 1996-12-09Final Order Lodged
• 1996-12-09Final Order Entered