EPA v. BUTTERWORTH LANDFILL

Case summary

SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA) PROVIDE THE STATUTORY BASIS FOR THE COMPLAINT AND CONSENT DECREE. THE DEFENDANTS ARE THE CITY OF GRAND RAPIDS, MICHIGAN, GENERAL MOTORS CORPORATION, WICKES MANUFACTURING COMPANY, INC., MICHIGAN WASTE SYSTEMS, INC., AND ORGANIC CHEMICALS, INC. THE ABOVE-NAMED DEFENDANTS HAVE AGREED TO ENTRY OF THE CONSENT DECREE FOR THE PURPOSE OF CONDUCTING A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY AT THE BUTTERWORTH LANDFILL IN GRAND RAPIDS, MICHIGAN. THE DEFENDANTS HAVE AGREED TO REIMBURSE EPA FOR THE AGENCY'S OVERSIGHT COSTS. REPAYMENT OF PAST COSTS HAS BEEN DEFERRED UNTIL COMPLETION OF THE FEASIBILITY STUDY WHEN ADDITIONAL PRP'S MAY BE IDENTIFIED. DEFENDANT, CITY OF GRAND RAPIDS, OWNS AND OPERATED THE BUTTERWORTH LANDFILL. MICHIGAN WASTE SYSTEMS, INC., OR ITS PREDECESSOR, HAULED HAZARDOUS SUBSTANCES TO THE LANDFILL. THE REMAINING THREE DEFENDANTS ARE GENERATORS. THERE ARE NO NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. ROBERT B. SCHAEFER, REGIONAL COUNSEL AND BASIL G. CONSTAN- TELOS, DIRECTOR, WASTE MANAGEMENT DIVISION, AND THEIR STAFF, HAVE REVIEWED THE PROPOSED CONSENT DECREE, INCLUDING TECHNICAL ATTACHMENTS, AND HAVE DETERMINED THAT THE SETTLE- MENT FOLLOWS AGENCY GUIDANCE FOR CONDUCTING REMEDIAL INVES- TIGATIONS AND FEASIBILITY STUDIES. THE WORK PLAN FOR THE RI/FS WAS PREPARED BY EPA CONTRACTORS. THE DEFENDANTS HAVE AGREED TO CONDUCT THE WORK DESCRIBED IN THE AGENCY'S WORK PLAN VIRTUALLY WITHOUT MODIFICATION. THE LEAD REGIONAL ATTORNEYS ARE BABETTE J. NEUBERGER AND BERNARD CHIP LANDMAN; AND THE LEAD REGIONAL TECHNICAL ASSIGNEE IS RUSSELL HART. JANICE LINNETT, AN EPA-HEAD- QUARTERS ATTORNEY, AND STEVE WILEY, AN ATTORNEY WITH THE U.S. DOJ HAVE ADVISED THE REGION THROUGHOUT THE NEGOTIATION PROCESS. CASE REREFERRED TO HEADQUARTERS ON 6/30/86. LITIGATION PACKAGE DIFFERS FROM ORIGINAL PACKAGE, IN THAT THE WORK PLAN FOR THE RI/FS HAS BEEN UPDATED AND A TEN POINT DOCU- MENT HAS BEEN ADDED AN ATTACHMENT TO THE REFERRAL.

Defendants (5)

• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• GRAND RAPIDS, MI, CITY OFNamed in complaintNamed in settlement
• MICHIGAN WASTE SYSTEMS, INCNamed in complaintNamed in settlement
• ORGANIC CHEMICALS, INCNamed in complaintNamed in settlement
• WICKES MANUFACTURING CO, INCNamed in complaintNamed in settlement

Facilities (1)

• BUTTERWORTH #2 LANDFILL

  1500 BUTTERWORTH, GRAND RAPIDS, MI, 49504

  Registry ID: 110009263215

Statutes cited

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

Enforcement conclusions (1)

• GRAND RAPIDS, CITY OFentered 1987-04-22

  Primary law: CERCLA

Timeline (10 milestones)

• 1986-03-24Referred To Headquarters
• 1986-03-24Referred To Dept Of Justice
• 1986-05-02Returned To Region
• 1986-06-30Rereferred
• 1987-02-10Referred TO U.S. Attorney
• 1987-02-17Complaint Filed With Court
• 1987-04-22Final Order Lodged
• 1987-04-22Final Order Entered
• 1987-04-22Concluded
• 1992-09-29Enforcement Action Closed