EPA v. MEAD WESTVACO

Case summary

THE SITE CONTAINS AN ABANDONED LANDFILL THAT RECEIVED WASTE FROM APPROXIMATELY 1972 THROUGH 1988. POOR LANDFILLING PRACTICES LED TO ENVIRONMENTAL PROBLEMS AND INVOLVEMENT BY THE COMMONWEALTH OF VIRGINIA, WHICH THROUGH LEGAL ACTIONS EFFECTIVELY CLOSED THE LANDFILL IN 1990. DESPITE ACTIOINS TAKEN BY THE COMMONWEALTH IN 1990-1993 TO ADDRESSS ENVIRONMENTAL PROBLEMS CAUSED BY THE LANDFILL, A LARGE VOLUME OF CONTAMINATED LEACHATE CONTINUED TO DISCHARGE FROM THE SITE. EPA SUBSEQUENTLY ASSESSED THE SITE AND, IN 1999, ADDED THE SITE TO THE SUPERFUND NATIONAL PRIORITIES LIST. IN SEPTEMBER 2002, EPA ISSUED A SUPERFUND RECORD OF DECISION SELECTING REMEDIAL ACTION FOR IMPLEMENTATION AT THE SITE. THE SELECTED REMEDY WILL REDUCE, TO ACCEPTABLE LEVELS, RISK TO HUMAN HEALTH AND THE ENVIRONMENT PRESENTED BY THE SITE BY COVERING THE LANDFILL TO PREVENT OR MINIMIZE THE PRODUCTION OF LANDFILL LEACHATE; COLLECTING, REMOVING, AND TREATING LANDFILL LEACHATE AT AN OFF-SITE TREATMENT PLANT; AND IMPLEMENTING CONTROLS TO PREVENT USE OF CONTAMINATED GROUNDWATER. EPA HAS COMPLETED CONSTRUCTION OF THE REMEDIAL ACTION AND WILL SOON TRANSFER RESPONSIBILITY FOR THE SITE TO THE COMMONWEALTH OF VIRGINIA (WHICH WILL PERFORM O&M IN ACCORDANCE WITH A STATE SUPERFUND CONTRACT).

Defendants (7)

• MeadWestvaco Co Virginia CorporationNamed in complaintNamed in settlement
• CE Thurston & Sons, Inc
• D.D. Kerns Construction Co, Inc
• General Chemical Corp
• Hercules, IncNamed in complaintNamed in settlement
• Honeywell International, IncNamed in complaintNamed in settlement
• Meadwestvaco CorporationNamed in complaintNamed in settlement

Facilities (1)

• KIM-STAN LANDFILL

  OLD RTE 60 (LOW MOOR), SELMA, VA, 24474

  Registry ID: 110009315641

Statutes cited

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

Enforcement conclusions (1)

• Mead Westvacoentered 2010-12-29

  Primary law: CERCLA

Timeline (6 milestones)

• 2002-12-16PRN Sent
• 2002-12-18Enforcement Action Data Entered
• 2007-09-24Referred To Dept Of Justice
• 2010-09-15Complaint Filed With Court
• 2010-09-16Final Order Lodged
• 2010-12-29Final Order Entered