EPA v. MAXEY FLATS RD/RA

Case summary

THE MAXEY FLATS DISPOSAL SITE (MFDS) IS LOCATED IN FLEMING COUNTY, KENTUCKY. FROM 1963 UNTIL 1977, MFDS WAS OPERATED BY NUCLEAR ENGINEERING CO., INC. (NECO) AS A LICENSED DISPOSAL FACILITY FOR LOW-LEVEL RADIOACTIVE WASTE. WHEN, IN 1977, IT WAS DISCOVERED THAT RADIOACTIVE LEACHATE WAS LEAK- ING OUT OF THE WASTE BURIAL TRENCHES AND INTO THE UNDERLYING FRACTURED BEDROCK, DISPOSAL ACTIVITIES WERE TERMINATED. THE MFDS WAS PLACED ON THE NPL IN NOVEMBER, 1986. THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) WAS CONDUCTED BY A STEERING COMMITTEE OF 82 PRIVATE PARTY PRPS UNDER AN ADMINISTRATIVE ORDER ON CONSENT, WITH A SIGNIFICANT PORTION OF THE FUNDING BEING PROVIDED TO THE COMMITTEE BY THE DEPARTMENT OF ENERGY AND THE DEPARTMENT OF DEFENSE, WHO ARE ALSO PRPS AT THE SITE. THE RECORD OF DECISION FOR THE MFDS WAS ISSUED ON SEPT. 31, 1991. THE REGION ISSUED THE NOTICE LETTERS FOR RD/RA TO 52 OF THE APPROXIMATELY 650 SITE PRP'S AT THE END OF JUNE, 1992. DE MINIMIS SETTLEMENT IS CONTEMPLATED FOR THE REMAINING PRP'S THIS CASE INVOLVES A LOW LEVEL NUCLEAR WASTE LANDFILL IN FLEMING COUNTY KY. THE REMEDIAL ACTION INVOLVES DEWATERING BURIAL TRENCHES AND INSTALLNG A SERIES OF CAPS TO PREVENT FURTHER INFILTRATION. THE REMEDY WILL BE IMPLEMENTED OVER A PERIOD OF 100 OR MORE YEARS. THE ESTIMATED PRESENT VALUE COST FOR THE REMEDY IS $62.7 MILLION. EPA'S PAST COST ARE MORE THAN $6 MILLION AND ESTIMATED OVERSIGHT COSTS ARE $7 MILLION. RD/RA CONSENT DECREE DEFENDANTS INCLUDE THE COMMONWEALTH OF KENTUCKY, THE DEPARTMENT OF DEFENSE AND ENERGY, THE ARMY, NAVY AND AIR FORCE AND 43 PRIVATELY OWNED PRP'S. THE RDRA CONSENT DECREE PROVIDES THAT THE PARTIES WILL PERFORM THE REMEDY AND PAY $5.3 TOWARD EPA'S COSTS.

Defendants (52)

• CAROLINA POWER & LIGHT CO.Named in complaintNamed in settlement
• CHEM-NUCLEAR SYSTEMS, INC.Named in complaintNamed in settlement
• COMBUSTION ENGINEERING, INC.Named in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS & CO.Named in complaintNamed in settlement
• GENERAL DYNAMICS CORP.Named in complaintNamed in settlement
• GENERAL ELECTRIC CO.Named in complaintNamed in settlement
• IES UTILITIES, INC.Named in complaintNamed in settlement
• INGALLS SHIPBUILDINGNamed in complaintNamed in settlement
• IOWA ELECTRIC LIGHT & POWER CO.Named in complaintNamed in settlement
• JERSEY CENTRAL POWER & LIGHT CO.Named in complaintNamed in settlement
• METROPOLITAN EDISON CO.Named in complaintNamed in settlement
• MINNESOTA MINING & MANUFACTURING CO.Named in complaintNamed in settlement
• NATIONAL AERONAUTICS & SPACE ADMIN.(NASANamed in complaintNamed in settlement
• NDL ORGANIZATION, INC.Named in complaintNamed in settlement
• NEW YORK POWER AUTHORITYNamed in complaintNamed in settlement
• NEWPORT NEWS INDUSTRIAL CORP.Named in complaintNamed in settlement
• NEWPORT NEWS SHIPBUILDING & DRY DOCK CO.Named in complaintNamed in settlement
• NIAGARA MOHAWK POWER CORP.Named in complaintNamed in settlement
• NL INDUSTRIES, INC.Named in complaintNamed in settlement
• NORTHEAST UTILITIES SERVICE CO.Named in complaintNamed in settlement
• NUCLEAR FUEL SERVICES, INC.Named in complaintNamed in settlement
• NUCLEAR METALS, INC.Named in complaintNamed in settlement
• PECO ENERGY CO.Named in complaintNamed in settlement
• ROCHESTER GAS & ELECTRIC CORP.Named in complaintNamed in settlement
• SAFETY LIGHT CORP.(FOR U.S. RADIUM CORP)Named in complaintNamed in settlement
• …and 27 more

Facilities (1)

• MAXEY FLATS NUCLEAR DISPOSAL

  MAXEY FLATS RD, HILLSBORO, KY, 41049

  Registry ID: 110009287654

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• U.S. ECOLOGY, INC. ET AL.entered 1996-04-18

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-02-01Enforcement Action Data Entered
• 1992-05-20PRN Sent
• 1995-06-27Referred To Dept Of Justice
• 1995-07-05Complaint Filed With Court
• 1996-04-18Final Order Lodged
• 1996-04-18Final Order Entered
• 1996-04-18Concluded