EPA v. ROSE TOWNSHIP (AKZO COATINGS, ET AL.)

Case summary

THE ROSE TOWNSHIP DUMP SITE, APPROX. 110 ACRES IN SIZE, IS LOCATED IN RURAL ROSE TOWNSHIP, OAKLAND COUNTY, MI. THE PRO PERTY OWNERS, BOTH NOW AND DURING WASTE DISPOSAL ACTIVITIES, ARE LEONARD AND GERTRUDE DORSEY. DURING THE TIME THAT WASTE DISPOSAL ACTIVITIES OCCURRED, IT APPRARS THAT LEONARD AND GERTRUDE DORSEY WERRE PAID BY THE WASTE HAULERS TO ALLOW WASTE TO BE DISPOSED ON THEIR PROPERTY. THE PRIMARY WASTE HAULER TO THE ROSE TOWNSHIP SITE WAS TUCKER FORD, NOW DECEASED. TUCKER FORD HIRED A NUMBER OF TRUCK DRIVERS TO HAUL WASTES TO THE SITE, INCLUDING A MAN NAMED FREDDIE BUTLER. WASTE DISPOSAL OPERATIONS TOOK PLACE AT THE SITE FROM APPROX. 1966 TO 1968. DURING THIS TIME, AN UNKNOWN NUMBER OF DRUMS OF WASTES WHICH INCLIDED SOLVENTS, PAINT SLUDGES, AND PCBS WERE BURIED IN A 12 ACRE PORTION OF THE SITE. BULK WASTES WERE ALSO DISCHARDED TO THE SURFACE OR INTO SHALLOW LAGOONS OR PITS IN THE AREA. THE OAKLAND COUNTY HELATHE DEPARTMENT (OCHD) WAS NOTIFIED OF ILLIGAL DUMPING AT THE SITE IN 1968. OCHD NOTIFIED THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR) OF THE EXIST ENCE OF THE SITE IN APRIL OF 1969. MDNR SURVEYED THE AREA AND IDENTIFIED APPROX. 1,500 DRUMS ON THE SITE. ALTHOUGH SOME OF THE DRUMS WERE BURIED, MOST OF THE DRUMS HAD BEEN LEFT ON THE SURFACE. A MAJORITY OF THE DRUMS WERE EITHER LEAKING OR WERE BULGING DUE TO EXPANSION OF CONTENTS. A SAMPLING OF THE DRUMS ON THE SITE REVEALED THEIR CON- TENTS TO INCLIDE PCBS, PHTHALATES, ORGANIC SOLVENTS, OIL AND GREAS, PHENOLS AND HEAVY METALS. BASED UPON THIS SAMPL- ING, A TOXIC SUBSTANCE EMERGENCY WAS DECLARED AT THE SITE BY THE MICHIGAN TOXIC SUBSTANCE CONTROL COMMISSION. STATE FUNDS WERRE APPROPRIATED FOR AN IMMEDIATE REMOVAL ACTION AT THE SITE AND FOR A STUDY TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION ON-SITE. THE REMOVAL ACTION AT THE SITE WAS COMPLETED IN JULY OF 1980. DURING THIS EMERGENCY REMOVAL ACTION, OVER 5,000 DRUMS WERRE REMOVED FROM THE SITE. HOWEVER, THE MDNR INVESTIGATIVE STUDY UNDERTAKEN AT THE SITE FAILED TO PROVIDE CONCLUSIVE INFORMATION REGARDING GROUNDWATER FLOW DIRECTION AND DISTRIBUTION OF CONTAMINATION. THE ROSE TOWNSHIP DUMP SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST ON SEPTEMBER 8, 1983. THEREAFTER, IN FEBRUARY OF 1984 A REMEDIAL INVESTIGATION/FEASIBILITY (RI/FS) WAS INITIATED AT THE SITE. THIS INVESTIGATION IN- CLUDED A STUDY OF THE NATURE AND EXTENT OF CONTAMINATION IN THE SURFACE WATERS, SEDIMENTS, GROUNDWATER AND SOILS ON AND SURROUNDING THE SITE. THE RI/FS WAS COMPLETED IN JUNE OF 1987. THE RI/FS CON- CLUDED THAT GOUNDWATER, SURFACE AND SUBSURFACE SOIL CONTAMI- NATION EXISTED AT THE SITE. THE RI/FS RECOMMENDED ON-SITE INCINERATION OT THE CONTAMINATED SOILS AND IMPLEMENTATION OF A GROUNDWATER TREATMENT SYSTEM CONSISITING OF AIR STRIPPING, CARBON ADSORPTION AND CHEMICAL COAGULATION. THE RECORD OF DECISION (ROD) FOR THIS SITE WAS SIGNED ON SEPTEMBER 30, 1987. WHILE THE ROD ALSO SELECTED ON-SITE INCINERATION AND ON-SITE GROUNDWATER TREATMENT BY AIR STRIP- PING, CARBON ADSORPTION AND CHEMICAL COAGULATION, THE ROD ALSO INDICATED THAT IF TREATED GROUNDWATER COULD NOT BE DIS- CHARGED TO THE MARSHES ADJACENT TO THE SITE, SOIL FLUSHING USING THE TREATED GROUNDWATER WOULD BE CONSIDERED AS A POS- SIBLE REMEDIAL ALTERNATIVE FOR VOC CONTAMINATED SUBSURFACE SOIL WHICH EXISTS AT THE SITE. BOTH THE ROD AND TH RI/FS ESTABLISHED TARGET CLEANUP LEVELS (TCLS) FOR IDENTIFIED HAZARDOUS CHEMICALS WHICH WERE FOUND IN GROUNDWATER, SURFACE AND SUBSURFACE SOILS AT THE SITE. DIFFERENT TCLS WERE SET FOR DIFFERENT AREAS OF THE SITE, SINCE DIFFERENT CHEMICALS WER

Defendants (13)

• AZKO COATINGS OF AMERICANNamed in complaintNamed in settlement
• CHRYSLER CORPORATIONNamed in complaintNamed in settlement
• DETREX CORPORATIONNamed in complaintNamed in settlement
• FABRICON AUTOMOTIVE PRODUCTSNamed in complaintNamed in settlement
• FEDERAL SCREW WORKSNamed in complaintNamed in settlement
• FINISHES, INC.Named in complaintNamed in settlement
• FORD MOTOR CO.Named in complaintNamed in settlement
• GENERAL MOTORS CORP.Named in complaintNamed in settlement
• RPM, INC.Named in complaintNamed in settlement
• TRW, INC.Named in complaintNamed in settlement
• UNIROYAL, INC.Named in complaintNamed in settlement
• HOECHST CELANESE CORP.Named in complaintNamed in settlement
• MICHIGAN INDUSTRIAL FINISHES, INC.Named in complaintNamed in settlement

Facilities (1)

• ROSE TOWNSHIP DUMP

  1065 DEMODE RD, ROSE TOWNSHIP, MI, 48654

  Registry ID: 110009292087

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• AKZO COATINGS OF AMERICA, INC.entered 1989-09-21

  Primary law: CERCLA

Timeline (5 milestones)

• 1982-09-23Enforcement Action Data Entered
• 1988-08-15Referred To Dept Of Justice
• 1988-09-15Complaint Filed With Court
• 1989-09-21Final Order Lodged
• 1989-09-21Final Order Entered