EPA v. GREINER'S LAGOONS

Case summary

BACKGROUND AND NATURE OF CASE FOR THE PERIOD 1955 THROUGH 1972, TERRY LITTLE AND JACK LITTLE DBA TERRY LITTLE OIL REFINERY AND TERRY LITTLE INDUS- TRIAL SERVICE SUPPLY COMPANY OWNED AND OPERATED FOUR DIKED LAGOONS IN SANDUSKY COUNTY, OHIO. THE LAGOONS USED SOLELY FOR THE PURPOSE OF HANDLING DISPOSING OF INDUSTRIAL CHEMICAL WASTES, COVER APPROXIMATELY 253,000 SQUARE FEET AND ARE SUR- ROUNDED BY CROP FIELDS AND WOODS. DURING THE ACTIVE LIFE OF THE SITE THE LITTLES CONTRACTED TO TRANSPORT AND DISPOSE OF CHEMICAL WASTES FROM THE LUBRIZOL CORPORATION, ALLIED CHEM- ICAL CORPORATION, ROCKWELL INTERNATIONAL CORPORATION, AND E. I. DUPONT DE NEMOURS & CO.. THE BULK OF THE WASTE TRANSPORT- ED AND DISPOSED OF AT THE SITE WAS GENERATED BY THE LUBRIZOL CORPORATION. THE SITE WAS CLOSED IN 1970 FOLLOWING A DUCK KILL AND SUB SEQUENT CANCELLATION BY THE LUBRIZOL CORPORATION OF ITS DIS POSAL CONTRACTS WITH THE LITTLES. THE SITE WAS EVENTUALLY CONVEYED TO GARY L. GREINER IN 1973 WHO USED THE SITE FOR THE DISPOSAL OF DEMOLITION DEBRIS. MR. GREINER, ALLEGED TO BE JUDGMENT PROOF, IS CURRENTLY IN CONTEMPT OF A COUNTY COURT'S JUDGMENT REQUIRING PROPER CLOSURE OF THE SITE. IN DECEMBER, 1981, DEMANDS FOR CLEAN-UP WERE MADE TO TERRY LITTLE AND GARY L. GREINER. BOTH PARTIES REFUSED TO TAKE ANY ACTION AT THE SITE. EPA WENT FORWARD WITH PHASE I OF THE CLEAN-UP STRATEGY IN FEBRUARY, 1982, AND THE WORK WAS COMPLETED IN JUNE, 1982. FUNDS FOR PHASE I WERE PROVIDED OUT OF CERCLA'S HAZARDOUS SUBSTANCE RESPONSE TRUST FUND. THE COST OF THE PHASE I REMOVAL ACTION WAS APPROXIMATELY $97,000 PHASE II OF THE CLEAN-UP HAS BEEN DELAYED BECAUSE RECENT SAMPLING DATA MAY NOT SUPPORT FURTHER EXPEDITURE OF CERCLA FUNDS. ************************************************************ * SIGNIFICANT COURT DEVELOPMENTS: * * IMPACT: THE UNITED STATES WAS GRANTED DISMISSAL WITHOUT * * PREJUDICE IN U.S.A. V. TERRY LITTLE CIV. NO. 84-7801 * * (N.D. OF OHIO, W.D.) ON FEBRUARY 14, 1986. THE ACTION * * WAS FOR COST RECOVERY OF CERCLA FUNDS SPENT AT THE * * GREINER'S LAGOONS. THE UNITED STATES IN RELATED SETTLE- * * MENTS HAD RECOVERED ABOUT 94% OF THOSE COSTS. * * BACKGROUND: THE UNITED STATES HAD SOUGHT RECOVERY OF * * APPROXIMATELY $161,425 IN COSTS FROM TERRY JACK LITTLE * * AND LUBRIZOL CORPORATION FOR A RESPONSE ACTION AT THE * * GREINER'S LAGOON SITE IN SANDUSKY COUNTY, OHIO. THE * * LUBRIZOL CORPORATION SETTLED AND PAYED $129,140 (80%) OF * * PAST COSTS ON APRIL 19, 1985. THE UNITED STATES, IN * * FEBRUARY 1985, EXECUTED SETTLEMENT AGREEMENTS WITH ROCK- * * WELL INTERNATIONAL, ALLIED CORPORATION AND E.I. DUPONT * * DENEUMORS & COMPANY FOR PAYMENT OF $27,000 (17%) OF PAST * * COSTS. THE REMAINING UNCOLLECTED COSTS, MADE FURTHER * * LITIGATION NOT COST EFFECTIVE. TERRY LITTLE IS ELDERLY * * AND BELIEVED TO HAVE LITTLE ASSETS. SERVICE HAS NEVER * * BEEN MADE ON JACK LITTLE. RECENT UPDATING OF COSTS * * BROUGHT THE RECOVERY PERCENTAGE DOWN TO ABOUT 94%. * ************************************************************

Defendants (4)

• ROCKWELL INTERNATIONALNamed in complaintNamed in settlement
• ALLIED-SIGNAL CORPORATIONNamed in complaintNamed in settlement
• E.I. DU PONTNamed in complaintNamed in settlement
• LUBRIZOL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GREINER'S LAGOONS

  GR 181 NEAR TIFFIN RD, FREMONT, OH, 43420

  Registry ID: 110004639151

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• GREINER'S LAGOONentered 1985-04-29

  Primary law: CERCLA

Timeline (9 milestones)

• 1983-04-07Referred To Headquarters
• 1983-08-01Returned To Region
• 1984-03-02Rereferred
• 1984-04-18Referred To Dept Of Justice
• 1984-09-25Complaint Filed With Court
• 1985-04-29Final Order Lodged
• 1985-04-29Final Order Entered
• 1985-04-29Concluded
• 1985-04-29Enforcement Action Closed