EPA v. BUSH VALLEY LANDFILL SUPERFUND SITE

Case summary

THE HAZARDOUS SITE CLEANUP DIVISION (HSCD) HAS PREPARED A UNILATERAL ADMINISTRATIVE ORDER FOR THE BUSH VALLEY LANDFILL SUPERFUND SITE (SITE) REQUIRING THE RESPONDENT TO IMPLEMENT LAND-USE AND ACCESS RESTRICTIONS AT A PORTION OF THE SITE WHICH IS JOINTLY OWNED BY THE RESPONDENT AND HER RELATIVES (THE PROPERTY). IN 1998, EPA AND HARFORD COUNTY, AMONG OTHER ENTITIES, ENTERED INTO A CONSENT DECREE UNDER HARFORD COUNTY AND OTHERS AGREED TO FINANCE AND PERFORM EPAS SELECTED REMEDY FOR THE SITE, INCLUDING USING BEST EFFORTS TO IMPLEMENT LAND-USE AND ACCESS RESTRICTIONS AT THE PROPERTY. HARFORD COUNTY PREPARED AN EASEMENT CONTAINING LAND AND WATER USE RESTRICTIONS FOR THE PROPERTY CONSISTENT WITH EPA'S SELECTED REMEDY. TO DATE, RESPONDENT IS THE ONLY OWNER OF THE PROPERTY WHO HAS NOT SIGNED THE EASEMENT. SINCE NOVEMBER 2004, HARFORD COUNTY AND EPA HAVE REPEATEDLY ASKED RESPONDENT TO SIGN THE EASEMENT. FINALLY, IN OCTOBER 2008, EPA REQUESTED THAT RESPONDENT SIGN THE EASEMENT AND ADVISED RESPONDENT THAT IF EPA DID NOT HEAR FROM HER WITHIN THIRTY (30) DAYS, EPA WAS PREPARED TO ISSUE A UNILATERAL ORDER REQUIRING HER TO PREPARE AND INDEPENDENTLY FILE LAND AND WATER USE RESTRICTIONS FOR THE PROPERTY. RESPONDENT FAILED TO RESPOND TO EPAS OCTOBER 2008 LETTER. HSCD IS NOW PREPARED TO ISSUE A UNILATERAL ORDER TO THE RESPONDENT.

Defendants (1)

• TRIP, TESSA ALISANamed in settlement

Facilities (1)

• BUSH VALLEY LANDFILL

  BUSH RD POB 246, ABINGDON, MD, 21009

  Registry ID: 110009337592

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BUSH VALLEY LANDFILL SUPERFUND SITEentered 2009-10-13

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-10-13Final Order Issued
• 2009-12-14Enforcement Action Data Entered