EPA v. WINGATE ROAD LANDFILL AND INCINERATOR SITE

Case summary

U.S. EPA, REGION 4 IS PROPOSING TO ENTER INTO THE CONSENT DECREE PURSUANT TO SECTIONS 106 AND 107 OF CERCLA 42 U.S.C. 9606 AND 9607. THE SETTLEMENT INVOLVES A GROUP CONSISTING OF TWENTY-THREE SETTLING DEFENDANTS WHICH HAVE AGREED TO FUND AND IMPLEMENT THE LANDFILL CAPPING REMEDY SET FORTH IN THE RECORD OF DECISION ROD AND EXPLANATION OF SIGNIFICANT DIFFERENCES ESD ISSUED BY U.S. EPA REGION 4 ON MAY 14, 1996 AND NOVEMBER 10,1997 RESPETIVELY FOR THE WINGATE ROED INCINERATOR AND LANDFILL SUPERFUND SITE. THE SETTLING DEFENDANTS COMPRISE A GROUP ENTAILING THE OWNER/OPERATOR GENERATORS AND TRANSPORTERS OF CERCLA HAZARDOUS SUBSTANCES RELEASED AT THE SITE. THE ATTACHED CONSENT DECREE REQUIRES THE SETTLING DEFENDANTS TO FINANCE AND CONDUCT THE RD/RA WHICH INCLUDES CONSTRUCTION OF A GEOSYNTHETIC MEMBRANE CAP OVER THE SITE PROPERTY. THE ESTIMATED COST OF IMPLEMENTING THIS REMEDT IS $16,000,000. THE SETTLEMENT ALSO INCLUDES PROVIDING THE PRP'S WITHORPHAN SHARE COMPENSATION IN AN AMOUNT EQUAL TO PAST RESPONSE COSTS PLUS FUTURE OVERSIGHT COSTS. PURSUANT TO THE JUNE 3,1996 INTERIM GUIDANCE ON ORPHAN SHARE COMPENSATION FOR SETTLERS OF RD/RA AND NON-TIME CRITICAL REMOVALS, THE ORPHAN SHARE IS CAPPED AT $3.77 MILLION DOLLARS.FOURTEEN PARTIES WILL ALSO RECIEVE DE MINIMIS COVENANTS LIMITED TO THE REMEDY SELECTED IN THE ROD FROM THE UNITED STATES THROUGH THROUGH THIS CONSENT DECREE BASED ON THE VOLUME AND TOXICITY OF THEIR RESPECTIVE WASTE CONTRIBUTION TO THE SITE. U.S. EPA WILL CONDUCT OVERSIGHT OF THE SETTLING DEFENDANTS REMEDIAL ACTIVITIES THROUGHOUT THE PERFORMANCE OF THE WORK. THE SETTLING DEFENDANTS WILL ALSO ASSIST U.S. EPA AND ATSDR IN CONDUCTING OVERSIGHT ACTIVITIES.

Defendants (41)

• HATTERAS OF LAUDERDALENamed in complaintNamed in settlement
• WASTE MANAGEMENT, INC. OF FLORIDANamed in complaintNamed in settlement
• FLORIDA POWER AND LIGHT COMPANYNamed in complaintNamed in settlement
• FORT LAUDERDALE LINCOLN MERCURYNamed in complaintNamed in settlement
• FORT LAUDERDALE NEWS AND SUN-SENTINELNamed in complaintNamed in settlement
• FT. LAUDERDALE, CITY OFNamed in complaintNamed in settlement
• GOODYEAR TIRE & RUBBER CONamed in complaintNamed in settlement
• HILL YORK CORP.Named in complaintNamed in settlement
• HILL YORK SERVICE CORP.Named in complaintNamed in settlement
• HILL YORK SERVICE CORPORATIONNamed in complaintNamed in settlement
• KING MOTOR COMPANY OF FORT LAUDERDALENamed in complaintNamed in settlement
• LDI AUTO PAINTSNamed in complaintNamed in settlement
• MARLIN IMPORTS, INC.Named in complaintNamed in settlement
• NORTH BROWARD HOSPITAL DISTRICTNamed in complaintNamed in settlement
• NORTON TIRE COMPANYNamed in complaintNamed in settlement
• ALLIED MARINENamed in complaintNamed in settlement
• AMERICAN BATTERY & ALTERNATOR, INC.Named in complaintNamed in settlement
• AMOCO OIL CO.Named in complaintNamed in settlement
• BELCHER OILNamed in complaintNamed in settlement
• COASTAL FUELS MARKETING, INC.Named in complaintNamed in settlement
• CONNOR BROWN CO.Named in complaintNamed in settlement
• CONTINENTAL GENERAL TIRE, INC.Named in complaintNamed in settlement
• FINISH MASTER, INC.Named in complaintNamed in settlement
• FLORIDA COCA-COLA BOTTLING CO.Named in complaintNamed in settlement
• BELLSOUTH TELECOMMUNICATIONS, INC.Named in complaintNamed in settlement
• …and 16 more

Facilities (1)

• WINGATE ROAD MUNICIPAL INCINERATOR DUMP

  1300 N. W. 34TH AVENUE, FORT LAUDERDALE, FL, 33311

  Registry ID: 110009275480

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WINGATE ROAD LANDFILLentered 1999-12-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1996-03-01Enforcement Action Data Entered
• 1996-03-01PRN Sent
• 1998-05-05Referred To Dept Of Justice
• 1998-09-11Complaint Filed With Court
• 1999-12-28Final Order Lodged
• 1999-12-28Final Order Entered
• 1999-12-28Concluded