EPA v. 68TH STREET DUMP SUPERFUND SITE

Case summary

THIS IS AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT UNDER WHICH NINETEEN RPs WILL CONDUCT A REMOVAL RESPONSE ACTION AT THE 68TH STREET DUMP SUPERFUND SITE (SITE). THE SITE CONSISTS OF FIVE SOURCE AREAS THAT WERE USED AS LANDFILLS FROM THE MID-1940s THROUGH THE EARLY 1970s. PAST INDEPRENDENT LAND DISPOSAL OPERATIONS WERE LOCATED AT SPECDIFIC SOURCE AREAS AT THE SITE, AND INVOLVED THE DISPOSAL AND LANDFILLING OF A VARIETY OF SOLID AND LIQUID MUNICIPAL SOLID, INDUSTRIAL AND COMMERICAL WASTES. IN 2006 THE SAME RPs ENTERED INTO AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT (2006 SETTLEMENT AGREEMENT) BY WHICH THE RPs AGREED TO CONDUCT THE REMEDIA INVESTIGATION/FEASIBLITY STUDY (RI/FS) AT THE SITE AND REIMBURSE EPA FOR ITS FUTURE RESPONSE COSTS, INCLUDING OVERSIGHE COSTS, ASSOCIATED WITH PREPARATION OF THE RI/FS. BASED UPON THE RESULT OF FEARLIER SITE AND RI INSPECTIONS, EPA, THE MARYLAND DEPARTMENT OF THE ENVIRONMENT AND THE RPs OBSERVED TEH PRESENCE OF A LARGE AMOUNT OF SURFACE DEBRIS AT THE SITE, WHICHINCLUDED DRUMS, CONTAINERS AND CAR AND TRUCK BATTERIES. AS A RESULT, THE RPs CONDUCTED SAMPLING OF THAT DEBRIS AND SURRONDING SOIL AND, BASED UPON THOSE SAMPLING RESULTS, PREPARED AN ENGINEERING EVALUATION AND COST ANALYSIS (EE/CA) AT THE SITE. UNDER THE TERMS OF THE SETTLEMENT AGREEMENT, IN ACCORDANCE WITH THE EE/CA, THE RPs HAVE AGREED TO EXCAVATE DEBRIS CONTAINING HAZARDOUS SUBSTANCES AND CONTAMINATED SURFICIAL SOIL ASSOCIATED WITH THAT DEBRIS AT THE SITE. THE RPs HAVE ALSO AGREED TO PROPERLY DISPOSE OF THE EXCAVATED DEBRIS AND SOIL, TO CONDUCT FOLLWUP SAMPLING AND TO REGRADE OR BACKFILL EXCAVATED AREAS. FINALLY, THE RPs HAVE AGREED TO REIMBURSE EPA FOR ITS COSTS TO OVERSEE THE REMOVAL ACTION.

Defendants (17)

• AIR PRODUCTS AND CHEMICALS, INC.Named in complaintNamed in settlement
• AK STEEL CORPORATIONNamed in settlement
• INDUSTRIAL ENTERPRISES, INC.Named in settlement
• ILLINOIS TOOL WORKS INCNamed in settlement
• GENREAL MOTORS CORPORATIONNamed in settlement
• EXXON MOBIL CORPORATIONNamed in settlement
• CSX TRANSPORTATION, INCNamed in settlement
• CSX REALTY DEVELOPMENT, LLCNamed in settlement
• CONSTELLATION POWER SOURCE GENERATION, INC.Named in settlement
• BROWNING-FERRIS, INC.Named in settlement
• BEAZER EAST, INC.Named in settlement
• BALTIMORE GAS AND ELECTRIC COMPANYNamed in settlement
• CHEVRON ENVIRONMENTAL MANAGEMENT COMPANYNamed in settlement
• SMURFIT-STONE CONTAINER ENTERPRISES, INC.Named in settlement
• HONEYWELL INTERNATIONAL INC.Named in settlement
• NOXELL CORPORATIONNamed in settlement
• KEWANNE INDUSTRIES, INC.Named in settlement

Facilities (1)

• 68TH STREET DUMP SUPERFUND SITE

  QUAD AVENUE, BALTIMORE, MD, 21205

  Registry ID: 110028174856

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• 68TH STREET DUMP SUPERFUND SITEentered 2008-07-11

  Primary law: CERCLA

Timeline (2 milestones)

• 2008-07-11Final Order Issued
• 2008-08-06Enforcement Action Data Entered