EPA v. BERLIN & FARRO LIQUID INCINERATION

Case summary

NATURE OF THE CASE NEGOTIATIONS BETWEEN THE EPA, DEPARTMENT OF JUSTICE, STATE OF MICHIGAN AND 10 GENERATOR COMPANIES RESULTED IN THE DEVELOPMENT OF A CONSENT DECRE AND WORKPLAN WHICH PROVIDED FOR THE CLEANUP OF SURFACE AREAS OF THE BERLIN AND FARRO SITE. THE GENERATOR COMPANIES HAVE AGREED TO COMMENCE AND COMPLETE THE CLEANUP. THE VOLUNTARY CLEANUP EFFORT, WHICH BEGAN ON MARCH 22, 1984, IS CURRENTLY DIRECTED BY THE EPA ON-SCENE COORDINATOR IN ACCORDANCE WITH THE NEGOTIATED CONSENT DECREE AND WORKPLAN. THE CONSENT DECREE WAS LODGED IN FEDERAL DISTRICT COURT CONTEMPORANEOUSLY WITH THE COMPLAINT WHICH WILL IDENTIFY AS DEFENDANTS ONLY SETTLING PARTIES. THE EPA MAY PROCEED AGAINST ANY NON-SETTLING PARTIES AT A LATER POINT. THE CASE AGAINST THE DEFENDANTS (SETTLING DEFENDANTS) REFLECTS THE NEGOTIATIONS. FIRST, EPA SEEKS TO RECOVER $350,000 FROM THE DEFENDANTS. APPROXIMATELY $750,000 HAS BEEN EXPENDED BY THE EPA AT THE BERLIN AND FARRO SITE: $92,000 WAS EXPENDED DURING AN EMERGENCY RESPONSE ACTION IN 1982; $600,000 WAS EXPENDED DURING AN EMERGENCY RESPONSE ACTION IN 1983; AND ADMINISTRATIVE COSTS FOR REGION V HAVE BEEN ASSESSED TO BE $58,000. SECOND, EPA SEEKS TO REQUIRE THAT THE SETTLING DEFENDANTS IMPLEMENT THE AUGUST 31, 1983 FOCUSED FEASIBILITY STUDY WHICH RECOMMENDED THE OFF-SITE DISPOSAL OF CONTAMINATED MATERIALS FROM SURFACE AREAS OF THE SITE. IN ADDITION, THE EPA SEEKS TO REQUIRE THE OFF-SITE DISPOSAL BY THE SETTLING DEFENDANTS OF 2 PILES OF CONTAMIN- ATED SOILS WHICH WERE NOT EVALUATED IN THE FOCUSED FEASIBIL- ITY STUDY. THE COST OF OFF-SITE DISPOSAL BY THE SETTLING DEFENDANTS IS ESTIMATED AT APPROXIMATELY 11 MILLION DOLLARS. CAUSE OF ACTION EPA AUTHORITY TO BRING THIS ACTION IS BASED UPON SECTION 107 OF CERCLA WHICH IMPOSED LIABILITY UPON PERSONS WHO OWNED OR POSSESSED HAZARDOUS SUBSTANCES AND ARRANGED BY CONTRACT OR AGREEMENT FOR THE DISPOSAL OR TREATMENT, OR TRANSPORT FOR DISPOSAL OF THEIR HAZARDOUS SUBSTANCES TO THE BERLIN AND FARRO SITE. EPA'S AUTHORITY FOR THIS ACTION IS ALSO BASED UPON SECTION 106(A) OF CERCLA WHICH AUTHORIZES THE EPA TO SEEK THE ABATEMENT OF THE DANGER OR THREAT PRE- SENTED BY AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH OR WELFARE BECAUSE OF AN ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE BERLIN AND FARRO SITE. PROPOSED REMEDY EPA SEEKS INJUNCTIVE RELIEF DIRECTING THE CLEANUP OF SURFACE AREAS OF THE SITE UNDER THE TERMS OF A CONSENT DECREE TO BE FILED SIMULTANEOUSLY WITH THE COMPLAINT AND RECOVERY OF A PORTION OF THE FUNDS FROM THE SETTLING GENER- ATORS EXPENDED BY THE UNITED STATES FOR EMERGENCY CLEANUP, REMEDIAL STUDIES AND ENFORCEMENT. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE CURRENTLY, 10 COMPANIES HAVE GIVEN THE EPA A WRITTEN COMMITMENT TO CLEAN UP SURFACE AREAS OF THE BERLIN AND FARRO SITE IN ACCORDANCE WITH A CONSENT DECREE DEVELOPED DURING NEGOTIATIONS, THE TERMS OF WHICH HAVE BEEN AGREED UPON BY THE 10 COMPANIES, AND WHICH THE FEDERAL AND STATE GOVERN- MENT REPRESENTATIVES HAVE AGREED TO RECOMMEND TO THEIR RE- SPECTIVE AGENCIES. THIS MAY BE THE FIRST MAJOR VOLUNTARY CLEANUP OF A HAZARDOUS WASTE SITE INITIATED IN ADVANCE OF THE CONSENT DECREE BEING ENTERED BY A FEDERAL DISTRICT COURT. ************************************************************ CONSENT DECREE FOR PARTIAL SURFACE CLEANUP OF BERLIN & FARRO HAZARDOUS WASTE SITE ENTERED IN U.S.D.C., E.D. MICH. IMPACT: ON MARCH 13, 1985, THE DIS

Defendants (149)

• KEELER BRASS CONamed in complaintNamed in settlement
• MICHIGAN CONSOLIDATED GAS CONamed in complaintNamed in settlement
• ORGANIC CHEMICALS INCNamed in complaintNamed in settlement
• SEARS ROEBUCK & CONamed in complaintNamed in settlement
• SHELL OIL CONamed in complaintNamed in settlement
• THIERICA INCNamed in complaintNamed in settlement
• WHIRLPOOL CORPNamed in complaintNamed in settlement
• BRUNSWICK CORPNamed in complaintNamed in settlement
• DETROIT EDISON COMPANYNamed in complaintNamed in settlement
• FLINT, CITY OF
• FLINTEX OIL CO.
• FORD MOTOR CO.(DEARBORN)
• FORD MOTOR COMPANYNamed in complaintNamed in settlement
• FORRESTER CONSTRUCTION CO.
• FORWARD OIL CO.
• GAGE PRODUCTS
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• GENEVA PRODUCTS
• GIOVANNI'S #13
• GRAND RAPIDS DIE CASTINGNamed in complaintNamed in settlement
• GRAND TRUNK WESTERN RAILROADNamed in complaintNamed in settlement
• GREAT LAKES CONSTRUCTION INC.
• AABCO OIL COMPANY
• ACME OIL COMPANYNamed in complaintNamed in settlement
• ACTION AUTOMOTIVENamed in complaintNamed in settlement
• …and 124 more

Facilities (5)

• MOTOR WHEEL CORP.

  605 12TH STREET, MENDOTA, IL, 61342

  Registry ID: 110011268519

• MOTOR WHEEL CORP.

  605 12TH STREET, MENDOTA, IL, 61342

  Registry ID: 110011268519

• MOTOR WHEEL CORP.

  605 12TH STREET, MENDOTA, IL, 61342

  Registry ID: 110011268519

• MOTOR WHEEL CORP.

  605 12TH STREET, MENDOTA, IL, 61342

  Registry ID: 110011268519

• BERLIN & FARRO LIQUID INCORPORATED

  8322 SOUTH MOORISH ROAD, SWARTZ CREEK, MI, 48473

  Registry ID: 110003572731

Statutes cited

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

Enforcement conclusions (1)

• BERLIN & FARRO LIQUID INCINentered 1986-06-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1984-05-04Referred To Headquarters
• 1984-08-27Referred To Dept Of Justice
• 1984-09-13Complaint Filed With Court
• 1985-03-14Final Order Lodged
• 1986-06-05Final Order Entered
• 1986-06-05Concluded
• 1991-09-30Enforcement Action Closed