EPA v. BASF WYANDOTTE (LIQUID DISPOSAL INC.)

Case summary

CD Supplement & Agreement to replace Operation and Maintenance Fund. The Court entered a consent decree in this civil action in 1989 resolving certain matters at issue in this litigation between the plaintiff, the U.S., and the Defendants listed in Appendix 8 and Appendix 9 of the original CD. This CD Supplement and Agreement exercises the rights of the US EPA as the beneficial owner of the operation & maintenance fund under paragraph 5(f) of the original CD. The original CD requires the Defendants to finance, perform, and complete work to design and implement the RAs selected by EPA in the ROD signed on 9/30/97. Now, in lieu of depositing proceeds from the O&M Annuity in an O&M Fund as contemplated by the original CD, EPA wishes to deposit such proceeds into the LDI Special Account within. the EPA Hazardous Substances Superfund. None of the proceeds from the O&M Annuity shall be deposited in the O&M Fund that First of America Bank was required to establish in accordance with the O&M Fund Agreement. Within thirty days of the effective date of this Agreement, EPA will direct Metropolitan to transfer the entire proceeds of the O&M Annuity in the amount of $6,125,053.17 to EPA. LITIGATION PLAN: (THIS SITE IS ON NPL LIST) 1. BY 1/13/83, FILE PROOF OF CLAIM & FOLLOW-UP W/BANK- RUPTCY CT APPEARANCES AS NECESSARY. (MDD, GSM, VAN HEULEVEN) . 2. ENCOURAGE REGN/CRIMINAL ENFORCEMENT TO PURSUE WM. IVIE CRIMINALLY FOR IMPROPER W/DRAWAL OF CORP ASSETS THAT CONTRI- BUTED TO LDI BANKRUPTCY. (WE ARE LACKING THE KNOWHOW OR RE- SOURCES TO DO THIS CIVILLY). 3. DEVELOP MAJOR MULTI-GENERA- TOR CASE INVOLVING 200 GENERATORS (ONGOING STARTING JAN DURING REMEDIAL INVESTIGATION). 4. MDD & VAN H. WILL REVISE LIT REFERRAL(FOR BANKRUPTCY COURT PURPOSES) TO INCLUDE 107 COST RECOVERY ACTION & APPROPRIATE INFO.

Defendants (585)

• ALCOANamed in complaintNamed in settlement
• GREAT LAKES GAS TRANSMISSIONNamed in complaintNamed in settlement
• DOW CORNING CORP.Named in complaintNamed in settlement
• ENAMALUM CORP.Named in complaintNamed in settlement
• GENERAL ELECTRICNamed in complaintNamed in settlement
• WAYNE STATE UNIVERSITYNamed in complaintNamed in settlement
• CHRYSLER CORPORATIONNamed in complaintNamed in settlement
• CHRYSLER/ PLASTIC PRODUCTS CORP.Named in settlement
• CHRYSLER/CHRYSLER CENTERNamed in settlement
• CHRYSLER/CHRYSLER CHEMICALNamed in settlement
• CHRYSLER/CHRYSLER DEFENSE, INC.Named in settlement
• CHRYSLER/CHRYSLER STERLING STAMPINGNamed in settlement
• CHRYSLER/CLAIRPOINTENamed in settlement
• CHRYSLER/DETROIT TANK PLANTNamed in settlement
• CHRYSLER/ELDON AVE. AXLENamed in settlement
• CHRYSLER/EXPORT-IMPORTNamed in settlement
• CHRYSLER/HIGHLAND PARKNamed in settlement
• CHRYSLER/INDIANAPOLIS FOUNDRYNamed in settlement
• CHRYSLER/INTROL DIVISIONNamed in settlement
• CHRYSLER/JEFFERSON ASSY.Named in settlement
• CHRYSLER/KOKOMO TRANSMISSIONNamed in settlement
• CHRYSLER/LYNCH ROAD PLANTNamed in settlement
• CHRYSLER/MARYSVILLE PARTS DEPOTNamed in settlement
• CHRYSLER/PLASTIC PRODUCTS CORP.Named in settlement
• CHRYSLER/VERNOR TOOLNamed in settlement
• …and 560 more

Facilities (3)

• LIQUID DISPOSAL, INC.

  3901 HAMLIN ROAD, UTICA, MI, 48315

  Registry ID: 110009291845

• ALCOA

  MISSOURI AVE HWY 15, EAST ST. LOUIS, IL, 62201

  Registry ID: 110009326470

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 122 — Superfund
• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (2)

• BASF WYANDOTTEentered 1989-12-20

  Primary law: CERCLA

• BASF WYANDOTTE (LIQUID DISPOSAL INC.)entered 2015-08-21

  Primary law: CERCLA

Timeline (4 milestones)

• 1989-01-26Referred To Dept Of Justice
• 1989-04-18Complaint Filed With Court
• 2015-08-11Final Order Lodged
• 2015-08-21Final Order Entered