EPA v. GREEN RIVER DISPOSAL, INC. SUPERFUND SITE

Case summary

2009 - The Green River Disposal Site is a 14-acre municipal/industrial waste landfill in Daviess County, Kentucky. The Green River Disposal site is the former Green River Disposal Inc. (GRDI) landfill and surrounding property. Between 1970 and 1984, various industrial wastes from nearby industries and businesses were buried at the facility. Due to the topography of the site, wastes were pushed into ravines and covered with soil. The facility had a history of leachate outbreaks and underground fires. The site held a State disposal permit from 1975 until 1988, but the facility closed in 1984. In 1985 an investigation by the State found that a private well adjacent to the site was contaminated. The site is located in a sparsely populated area of Daviess County, Kentucky near the town of Maceo. Land use in the site area ranges from undeveloped deciduous forests, to farmland and scattered residential development. Thirty-seven residences are located within a 1-mile radius of the site. The cleanup plan for the Green River site covers two operable units (OUs): OU-1 (soil) and OU-2 (contaminated ground water). The Record of Decision (ROD) for OU-1 was issued in 1994. Major elements of the cleanup approach included: Capping the landfill (waste disposal) area with a composite barrier cover. Collection of the leachate with subsurface drains, and treatment by chemical and/or physical methods. Discharging treated water to a nearby stream. Excavation of contaminated stream and pond sediment and consolidation with the landfill waste. Removal of surface debris and/or buried wastes located in the east and west ravines, and dispose of these wastes within the landfill cap. The ROD for OU-2 was issued in 2000. Major elements of the cleanup approach included: Implementation of institutional controls to prohibit construction of any ground water wells and construction of any type of structure on the landfill cap or within 50 feet of the cap. Development and implementation of a ground water monitoring plan to evaluate performance of the landfill cap and leachate collection system. Two Five-Year Reviews (FYRs) have been completed for the site, in 2001 and 2006. The 2006 FYR found that the remedy for OU-1 was protective of human health and the environment and the remedy for OU-2 would be protective once institutional controls are implemented. Site cleanup activities are being led primarily by potentially responsible parties (PRPs) with oversight by EPA. The placement of institutional controls is pending.

Defendants (31)

• ALUMAXNamed in complaintNamed in settlement
• ALUMINUM COMPANY-ALUMAX
• BARMET
• BFI OF KENTUCKY
• CBS CORPORATIONNamed in complaintNamed in settlement
• K-MART
• KENTRON MANUFACTURING
• KENTUCKY ELECTRONICSNamed in complaintNamed in settlement
• THOMAS J. LIPTON COMPANYNamed in complaintNamed in settlement
• LOCKHEED MARTINNamed in complaintNamed in settlement
• PINKERTON TOBACCONamed in complaint
• SEARS ROEBUCKNamed in settlement
• SOUTHWIRE COMPANYNamed in complaintNamed in settlement
• U.S. COAST GUARDNamed in complaintNamed in settlement
• W.R. GRACE
• WILLAMETTE INDUSTRIES, INC.Named in complaintNamed in settlement
• CENTRAL TRACTOR FARM & FAMILY CENTER
• GENERAL ELECTRICNamed in complaintNamed in settlement
• GREEN RIVER DISPOSAL, INC.
• GREEN RIVER STEELNamed in complaintNamed in settlement
• INDIANA-MICHIGAN POWERNamed in complaintNamed in settlement
• WESTINGHOUSE ELECTRIC CORPORATIONNamed in complaintNamed in settlement
• AII ACQUISITION CORP.Named in complaintNamed in settlement
• BROWNING-FERRIS INDUSTRIES OF KENTUCKY, INC.Named in complaintNamed in settlement
• COMMONWEALTH ALUMINUM CONCAST, INC.Named in complaintNamed in settlement
• …and 6 more

Facilities (1)

• GREEN RIVER DISPOSAL LANDFILL

  KELLY CEMETARY RD, MACEO, KY, 42355

  Registry ID: 110006753968

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• GREEN RIVER DISPOSAL (AMENDED CD) (04-2009-C003)entered 2008-12-12

  Primary law: CERCLA

• Green River Disposal, Inc. (RD/RA CD)entered 2002-09-27

  Primary law: CERCLA

Timeline (8 milestones)

• 2001-06-08PRN Sent
• 2001-07-12Enforcement Action Data Entered
• 2002-06-28Referred To Dept Of Justice
• 2002-09-27Complaint Filed With Court
• 2008-08-04Consent Decree Amendment
• 2008-10-17Final Order Lodged
• 2008-12-12Concluded
• 2008-12-12Final Order Entered