EPA v. WESTINGHOUSE ELECTRIC CO.

Case summary

(THIS SITE IS ON THE NPL) ***NEAL'S LANDFILL IS ON NPL - NEAL'S DUMP IS NOT*** WESTINGHOUSE ELECTRIC CORPORATION, BLOOMINGTON, IN. THE PROPOSED ACTION SEEKS TO REMEDY A HAZD SITUATION EXISTING AT 3 LANDFILLS IN CENTRAL IN: NEAL'S LANDFILL, NEAL'S DUMP, & LEMON LANE LANDFILL. DURING THE LATE 1960'S & EARLY 1970'S, THE WESTINGHOUSE ELEC CORP USED EACH OF THESE 3 SITES FOR DISPOSAL OF POLYCHLORINATED BIPHENYL (PCB) CAPACITORS & OTHER WASTES FROM ITS FACILITY IN BLOOMINGTON, IN. AT EACH OF THESE SITES THERE ARE PCB CAPACITORS & OTHER PCB WASTES VISIBLE ON THE SURFACE OF THE SITE. NEAL'S LANDFILL - DURING SEVERAL US EPA INSPECTIONS OF THIS SITE, ELEC COMPONENTS SUCH AS CAPACITORS, ARRESTORS, & INSULATION WERE LYING EXPOSED ON THE SURFACE OF THE SITE. SOME OF THESE CAPACITORS WERE VISIBLY LEAKING OIL. IN ADDITION, CATTLE WERE OBSERVED GRAZING OVER THE SITE, & ANALYSIS OF ONE CALF'S FAT REVEALED HIGH LEVELS OF PCB'S IN THE TISSUE. ANALYSES OF SOIL, LEACHATE, & WATER SAMPLES COLLECTED DURING THESE INSPECTIONS ALSO REVEALED HIGH LEVELS OF PCB'S. A RECENT INSPECTION INDICATES THAT PCB'S MAY BE CONTAMINATING THE GROUNDWATER BENEATH THE SITE & SURFACE WATER ADJ. TO THE SITE. NEAL'S DUMP - EXPOSED PCB-CONTAMINATED ELEC COMPONENTS ARE PRESENT AT THIS SITE ALSO. THE SITE IS SITUATED IN A SLOPED, SANDY AREA, WITH HIGH LEVELS OF PCB'S IN THE SOIL. GROUND & SURFACE WATERS ARE THREATENED. LEMON LANE LANDFILL EXTENSIVE SURFACE CONTAMINATION BY PCB WASTES THREATENS SURFACE & GROUNDWATERS. ****SECTION XXVI OF CONSENT DECREE, REIMBURSEMENT OF**** ****EXPENSES, REQUIRES WESTINGHOUSE TO PAY TO THE U.S.**** ****THE SUM OF $1,000,000 FOR REIMBURSEMENT OF EXPENSES**** ****INCURRED BY THE U.S. IN CONNECTION WITH NEAL'S **** ****LANDFILL, NEAL'S DUMP, BENNETT'S DUMP AND LEMMON **** ****LANE LANDFILL. PAYMENT SHALL BE MADE TO SUPERFUND.**** ****WESTINGHOUSE SHALL PAY THE CITY OF BLOOMINGTON, **** ****INDIANA $250,000 FOR SERVICES PREVIOUSLY RENDERED **** ****PRIOR TO ENTRY OF DECREE **** TIME CRITICAL REMOVAL AOC

Defendants (1)

• WESTINGHOUSE ELECTRIC CORPORATIONNamed in complaintNamed in settlement

Facilities (6)

• LEMON LANE LANDFILL

  LEMON LN, BLOOMINGTON, IN, 47401

  Registry ID: 110007569835

• BENNETT STONE QUARRY

  ST RTE 37 AND ST RTE 46, BLOOMINGTON, IN, 47401

  Registry ID: 110007565973

• NEAL'S DUMP (SPENCER)

  T9N R4W SEC 12, SPENCER, IN, 47460

  Registry ID: 110009284862

• MONROE COUNTY LDFL

  4455 E ANDERSON RD, BLOOMINGTON, IN, 47408

  Registry ID: 110034154368

• NEALS LANDFILL SPRING TRATMENT FACILITY

  ST RTE 48, BLOOMINGTON, IN, 47401

  Registry ID: 110007569256

• WINSTON THOMAS

  SW SEC16 T8N R1W, BLOOMINGTON, IN, 47401

  Registry ID: 110009326381

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• WESTINGHOUSE ELECTRIC CO.entered 1985-08-22

  Primary law: CERCLA

• WESTINGHOUSE ELECTRIC CO.entered 2009-07-23

  Primary law: CERCLA

Timeline (6 milestones)

• 1982-03-30Referred To Dept Of Justice
• 1983-01-04Complaint Filed With Court
• 1997-08-28Enforcement Action Data Entered
• 2008-02-08Amended Complaint
• 2008-02-19Final Order Lodged
• 2009-07-23Final Order Entered