EPA v. TRI CITY INDUSTRIAL DISPOSAL

Case summary

THIS IS A COST RECOVERY ACTION UNDER SECTION 107 OF CERCLA FOR RECOVERY OF REMOVAL COSTS INCURRED BY EPA IN THE SUMMERS OF 1988 AND 1989. THE CASE INVOLVES AN INDUSTRIAL WASTE DISPOSAL DUMP/LANDFILL LOCATED IN BROOKS, KY, A RURAL AREA OF BULLITT COUNTY LOCATED ABOUT 15 MILES SE OF LOUISVILLE. THE SITE WAS OPERATED AS AN INDUSTRIAL WASTE DUMP FROM APPROXIMATELY LATE 1964 THROUGH THE FIRST HALF OF 1967. DURING AT LEAST A PORTION OF THIS TIME, THE SITE WAS LEASED AND OPERATED BY TRI-CITYINDUSTRIAL SERVICES, INC., WHICH OVER THE YEARS HAS UNDERGONE A SERIES OF MERGERS INTO WHAT IS NOW WASTE MANAGEMENT OF KENTUCKY, INC. TRI-CITY NOT ONLY OPERATED THE SITE, BUT ALSO ACTED AS THE TRANS- PORTER OF WASTES TO THE SITE. IT HAS BEEN REPORTED THAT TRI-CITY'S GENERATOR CUSTOMERS INCLUDED FORD MOTOR CO., INC. AND GENERAL ELECTRIC COMPANY, INC. AND THE WASTES HAULED AND DISPOSED OF FOR THESE COMPANIES INCLUDED PAINT SLUDGES, PAINT THINNERS, SOLVENTS AND HYDRAULIC FLUIDS. TRI-CITY'S PRESIDENT, HARRY KLETTER, IS BELIEVED TO HAVE BEEN DIRECTLY INVOLVED IN BOTH THE OPERATION OF THE SITE AND IN ARRANGING FOR THE TRANSPORTATION OF GENERATOR WASTES TO THE SITE. SAMPLING ACTIVITIES CONDUCTED BY THE STATE OF KENTUCKY AND BY EPA REVEALED THE PRESENCE OF VARIOUS HAZARDOUS SUB- STANCES IN SOILS, GROUNDWATER AND DRUMS, INCLUDING TOLUENE, TETRACHLOROETHANE, TRICHLOROETHENE, PCBS, XYLENES, PHTHALATES, ETHYL BENZENE, CYANIDE, COPPER, LEAD AND OTHER HEAVY METALS. APPROXIMATELY 300 DRUMS AND 47 TRUCKLOADS OF SOIL WERE EXCAVATED AND STAGED DURING REMOVAL ACTIVITIES BY EPA IN THE SUMMER OF 1988. THESE MATERIALS WERE LATER RE- MOVED AND DISPOSED OF. RECOVERY IS SOUGHT OF REMOVAL COSTS WHICH PRESENTLY TOTAL $607,783.70. THIS TOTAL DOES NOT INCLUDE INTEREST, ATTORNEY'S FEES, ENFORCEMENT COSTS, OR ADDITIONAL REMEDIAL COSTS.

Defendants (5)

• DOW CORNING CORPORATIONNamed in complaintNamed in settlement
• FORD MOTOR COMPANY, INC.Named in complaintNamed in settlement
• LLC (SUCCESSOR TO WASTE MGMT OF KY)Named in complaintNamed in settlement
• WASTE MANAGEMENT OF KENTUCKY, INC.Named in complaintNamed in settlement
• WMX TECHNOLOGIES, INC.Named in complaintNamed in settlement

Facilities (1)

• TRI-CITY DISPOSAL CO.

  RTE. 1526 AT THE GRAVEL ROAD, SHEPHERDSVILLE, KY, 40165

  Registry ID: 110009336502

Statutes cited

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

Enforcement conclusions (1)

• WASTE MANAGEMENT OF KENTUCKY, ET AL.entered 1997-10-14

  Primary law: CERCLA

Timeline (6 milestones)

• 1985-09-15Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1990-09-20Complaint Filed With Court
• 1997-10-14Final Order Lodged
• 1997-10-14Final Order Entered
• 1997-10-14Concluded