EPA v. MADISON COUNTY SANITARY LANDFILL SUPERFUND SITE, CITY OF MADISON, FLORIDA; ITT LLC

Case summary

AUGUST 16, 2023 - ADMINISTRATIVE SETTLEMENT LANDFILL SUPERFUND SITE ) AGREEMENT AND ORDER ON CONSENT FOR REMEDIAL DESIGN The Respondents completed a Remedial Investigation/Feasibility Study (RI/FS) at the Site in September of 1992. Results from the 1992 RI indicated that soil and groundwater had been contaminated via migration of several chlorinated volatile organic compounds (CVOCs) from landfill waste, primarily from the YTA, to groundwater in concentrations exceeding state criteria and federal maximum contaminant levels. CVOCs include TCE, Tetrachloroethylene (PCE), and vinyl chloride, among others?all of which are hazardous substances. The human health risk assessment in the RI identified unacceptable risks to human health from exposure to soil and ingestion of groundwater. TCE and vinyl chloride are human carcinogens, and PCE is a likely human carcinogen. The Site was listed on the National Priorities List (NPL) by EPA pursuant to CERCLA ? 105, 42 U.S.C. ? 9605, on August 30, 1990, 55 Fed. Reg. 35502. The EPA selected a remedy for the Site in a Record of Decision (ROD) on September 28, 1992. The selected remedy called for: a groundwater extraction system that involved treatment by air stripping and granular activated carbon and reinjection into the aquifer; installation of a clay/soil cap over the YTA; and institutional controls, among other elements. On July 26, 1994, the EPA issued to Respondents a Unilateral Administrative Order (UAO), pursuant to Section 106 of the CERCLA, 42 U.S.C. ? 9606, for the performance of a Remedial Design and Remedial Action (RD/RA) at the Site. The EPA issued an amended UAO on November 18, 1994, which modified the effective date to February 1, 1995. Respondents constructed and implemented the remedy beginning in August of 1995. Respondents operated the groundwater treatment system until it was shut down in December of 2010 because 1,4-dioxane concentrations in the air stripper influent and effluent were above the Florida groundwater cleanup target level. Respondents agreed to pay and have been paying the EPA?s past and future response costs. ITT has been paying costs according to a 2002 Agreement for Recovery of Past and Future UAO Oversight Costs (Region 4 CERCLA Docket Number CER-04-2002-3768), and the City and County have been paying costs according to a 2004 Consent Decree (Civil Action Number 4:02 CV 215/SPM/WW). In 2013, ITT completed a Focused Feasibility Study (FFS) that developed and evaluated remedial alternatives to address 1,4-dioxane in groundwater. On September 9, 2022, the EPA selected a new remedy for the groundwater in an Amended ROD. The new remedy involves phased treatment of groundwater using Enhanced Reductive Dechlorination. The conditions described above constitute an actual or threatened ?release? of a hazardous substance from the facility as defined by Section 101(22) of CERCLA, 42 U.S.C.? 9601(22). The RD required by this Settlement is necessary to protect the public health, welfare, or the environment and, if carried out in compliance with the terms of this Settlement, will be consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP.

Defendants (4)

• ITT THOMPSON INDUSTRIES, INC.Named in settlement
• MADISON COUNTY, FLORIDANamed in settlement
• CITY OF MADISON, FLORIDA; ITT LLCNamed in settlement
• MADISON COUNTY SANITARY LANDFILNamed in settlement

Facilities (1)

• MADISON COUNTY SANITARY LANDFILL

  2060 ROCKY FORD ROAD, MADISON, FL, 32340

  Registry ID: 110044886479

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (1)

• MADISON COUNTY SANITARY LANDFILL SUPERFUND SITE, CITY OF MADISON, FLORIDA; ITT LLCentered 2023-08-16

  Primary law: CERCLA

Timeline (2 milestones)

• 2023-08-16Final Order Issued
• 2023-08-29Enforcement Action Data Entered