EPA v. WALSH LANDFILL (DART CONTAINER CORP, ET.)

Case summary

ON AUGUST 19, 2003, REGION III SENT A PROPOSED DE MINIMIS SETTLEMENT IN CONNECTION WITH THE WALSH LANDFILL (A/K/A WELSH ROAD AND BARKMAN LANDFILL) SUPERFUND SITE ( SITE ) TO THE DEPARTMENT OF JUSTICE ( DOJ ) FOR APPROVAL. THE DE MINIMIS PARTIES, WHO GENERATED LIQUID WASTES THAT WERE DISPOSED OF AT THE SITE, ARE: DART CONTAINER CORPORATION OF PENNSYLVANIA, INC.; PENGUIN INDUSTRIES, INC.; AND REEVES BROTHERS, INC. UNDER THE TERMS OF THE PROPOSED SETTLEMENT, EPA WILL RECOVER $413,203.49 WHICH WILL BE PUT INTO A SPECIAL ACCOUNT TO BE USED FOR FUTURE RESPONSE ACTIONS IN CONNECTION WITH THE SITE. THE REGION RECEIVED PRIOR WRITTEN APPROVAL FROM THE DIRECTOR OF THE OFFICE OF SITE REMEDIATION ENFORCEMENT, OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE, TO INCLUDE A MUNICIPAL SOLID WASTE COMPONENT IN THIS SETTLEMENT PURSUANT TO EPA'S POLICY FOR MUNICIPALITY AND MUNICIPAL SOLID WASTE CERCLA SETTLEMENTS AT NPL CO-DISPOSAL SITES (MSW POLICY ). THE MSW POLICY WAS USED TO DETERMINE THE RATE PER TON THAT THE DE MINIMIS PARTIES WILL BE CHARGED FOR THEIR MSW CONTRIBUTIONS TO THE SITE. THIS WILL BE THE FIRST DE MINIMIS SETTLEMENT IN THE REGION IN WHICH EPA'S MSW POLICY WILL BE USED TO DETERMINE A PORTION OF THE SETTLEMENT AMOUNT. WHEN THE CONSENT DECREE IN THIS MATTER IS SIGNED BY DOJ, IT WILL BE LODGED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FOR A THIRTY-DAY COMMENT PERIOD.

Defendants (3)

• PENGUIN INDUSTRIES, INCNamed in complaintNamed in settlement
• REEVES BROTHERS, INCNamed in complaintNamed in settlement
• DART CONTAINER CORPORATION OF PENNSYLVANIA, INCNamed in complaintNamed in settlement

Facilities (1)

• WALSH LANDFILL (A/K/A WELSH ROAD & BARKMAN LANDFILL SUPERFUND SITE

  ROUTE 10 AND WELSH ROAD, HONEY BROOK, PA, 19344

  Registry ID: 110009308132

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WALSH LANDFILL (DART CONTAINER CORP, ET.)entered 2004-08-20

  Primary law: CERCLA

Timeline (5 milestones)

• 2003-08-19Referred To Dept Of Justice
• 2003-09-18Enforcement Action Data Entered
• 2004-05-25Complaint Filed With Court
• 2004-06-17Final Order Lodged
• 2004-08-20Final Order Entered