EPA v. HOWE VALLEY LANDFILL

Case summary

THE HOWE VALLEY LANDFILL SITE IS AN ELEVEN ACRE PARCEL OF PROPERTY LOCATED NEAR THE TOWNS OF CECILIA AND VERTRESS, KENTUCKY, THE NEAREST COMMUNITY IS UNICORPORATED HOWE VALLEY, KENTUCKY. THE SITE WAS USED AS AN INDUSTRIAL WASTE LANDFILL FROM 1967 THROUGH JUNE, 1976. THE STATE OF KENTUCKY FOUND THAT HAZARDOUS WASTES WERE BEING RELEASED INTO THE SURROUNDING ENVIRONMENT IN 1980. THE SITE WAS LISTED ON THE NPL IN JULY, 1987. TWO OF THE PRPS, DOW CORNING CORPORATION AND EAGLE- PICHER INDUSTRIES, INC. SIGNED AN ADMINISTRATIVE ORDER BY CONSENT IN WHICH THEY AGREED TO PERFORM THE REMOVAL AND THE RI/FS, AND TO REIMBURSE EPA FOR OVERSIGHT COSTS. THE RI/FS WAS FINALIZED LATE JULY, 1990. THE PROPOSED PLAN AND ADMINISTRATIVE RECORD FOR THE SITE WERE RELEASED TO THE PUBLIC ON JULY 27, 1990. A PUBLIC MEETING WAS HELD ON AUGUST 2, 1990 AND THE PUBLIC COMMENT PERIOD IS SCHEDULED TO END AUGUST 27, 1990. THE ROD IS SCHEDULED TO BE SIGNED IN SEPTEMBER, 1990 AND RD/RA NEGOTIATIONS ARE EXPECTED TO BEGIN SHORTLY THEREAFTER. DOH AND HQ WERE APPRISED OF THE SITUATION BY THE MINI-LIT REPORT PREPARED BY ORC, DATED AUGUST 6, 1990. MATTER TRANSFERRED FROM MICHI KONO TO ALYCE HAKAMI. 3/8/00 - MATTER TRANSFERRED FROM ALYCE HAKAMI TO BRYAN MYERS.

Defendants (1)

• DOW CORNING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• HOWE VALLEY LANDFILL SUPERFUND SITE

  END OF TOM DUVALL LANE, HOWE VALLEY, KY, 42724

  Registry ID: 110008360914

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H3 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• DOW CORNING CORPORATIONentered 1991-05-22

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-08-06PRN Sent
• 1990-08-28Enforcement Action Data Entered
• 1991-03-21Referred To Dept Of Justice
• 1991-05-22Final Order Lodged
• 1991-05-22Final Order Entered
• 1991-05-22Complaint Filed With Court
• 1991-05-22Concluded
• 1995-09-21Enforcement Action Closed