EPA v. LITTLE, TERRY - GREINERS LAGOONS

Case summary

NATURE OF THE CASE: THIS PROPOSED COST RECOVERY CASE CONCERNS THE GREINER'S LAGOONS SITE LOCATED OUTSIDE OF THE CITY OF FREMONT IN SAN- DUSKY COUNTY, OHIO. THE SITE OPERATED AS AN INDUSTRIAL CHEM ICAL WASTE RECEIVER BETWEEN 1954 AND 1970. DURING THIS PERI OD, THE OPERATORS TOOK LIQUID WASTES FROM SEVERAL LOCAL IN- DUSTRIES AND PUT THEM INTO A SERIES OF LAGOONS CONSTRUCTED ON THE SITE. THE OPERATION CEASED IN 1970, AFTER WILD ANI- MAL KILLS AND COMPLAINTS OF NEIGHBORS BROUGHT THE OPERATION TO THE ATTENTION OF THE LOCAL AUTHORITIES. AFTER HEAVY RAINS, HAZARDOUS SUBSTANCES, INCLUDING PCBS, LEAKED INTO A DRAINAGE DITCH CONNECTING EVENTUALLY TO THE RIVER THAT SERVES AS THE LOCAL DRINKING WATER SUPPLY. IN MAY OF 1986, EPA INITIATED A TWO-DAY REMOVAL ACTION TO RE- PAIR THE LAGOON DIKE AT THE SITE. IN AUGUST 1987, EPA FOUND THAT THE NEAR OVERFLOW OF CONTAMINATION FROM THE SITE POSED A SERIOUS THREAT TO HUMAN HEALTH AND THE ENVIRONMENT. THE USEPA INITIATED A REMOVAL ACTION TO DEWATER, CAP AND GRADE THE LAGOON AREA WHICH WAS COMPLETED ON JUNE 10, 1988. CAUSE OF ACTION: USEPA SEEKS THE RECOVERY OF APPROXIMATELY $750,000 EXPEND ED AT THE SITE PURSUANT TO SECT 107 OF CERCLA, 42 USC SECT 9607. THE RECOMMENDED DEFENDANTS INCLUDE THE FOUR GENERA- TORS OF HAZARDOUS SUBSTANCES TO THE SITE. THE STATUTE OF LI MITATIONS FOR REMOVAL ACTIONS COULD EXPIRE FOR THE FIRST RE- MOVAL (APPROXIMATELY $20,000) AS EARLY AS MAY 21, 1989. PROPOSED REMEDY: THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS EXPENDED BY THE USEPA IN CLEANING THE GREINER'S LAGOON SITE. WE ALSO SEEK A DECLARATORY JUDGMENT ON LIABILITY FOR ANY FUTURE COSTS EXPENDED AT THE GREINER'S LAGOON SITE. ISSUES OF NAT'L OR PRECEDENTIAL IMPORTANCE: THE PCB WASES AT THE SITE HAVE NOT BEEN TRACED TO ANY OF THE NAMED DEFENDANTS. THESE DEFENDANTS MAY ARGUE THAT HARM AND COSTS ATTRIBUTABLE TO THE PRESENCE OF PCBS ARE SEPARABLE AND CANNOT BE CLAIMED FROM THEM. THE LEVEL OF PCB CONTAMINA TION IS LOW AND COULD BE A PRECEDENT FOR COST SPLITTING AT OTHER LOW-LEVEL PCB CONTAMINATED SITES. _ I RECOMMEND THAT THE GREINER'S LAGOONS REFERRAL BE REACTI- VATED AND THE ATTACHED CONSENT DECREE TO RECOVER RESPONSE COSTS UNDER CERCLA 107, 42 U.S.C. SECTION 9601, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO.99-499, 100 STAT. 1613 (1986) (SARA), BE SIGNED AND THEN LODGED WITH THE NORTHERN DISTRICT COURT OF OHIO. - THE GREINER'S LAGOONS CASE WAS REFERRED TO THE DOJ ON 3/29/89, FOR FILING OF A CIVIL ACTION TO RECOVER OUR OUT- STANDING PAST COSTS ASSOCIATED WITH THE SITE. THE REGION, AFTER CONSULTATION WITH THE DOJ, REQUESTED THAT A MEDIATOR BECOME INVOLVED IN SETTLEMENT DISCUSSIONS. ON 6/14/89, THE REGION REQUESTED THAT THE REFERRAL BE WITHDRAWN PENDING THESE SETTLEMENT DISCUSSIONS. SEVERAL TOLLING AGREEMENTS WERE EXECUTED BY THE PARTIES TO PREVENT THE STATUTE OF LIMIT ATIONS FROM RUNNING ON A PORTION OF THE GOVERNMENT'S COSTS DURING THE DISCUSSION PERIOD. - WITH THE HELP THE MEDIATOR, A SETTLEMENT IN PRINCIPAL WAS REACHED WITH THE PRP. DISCUSSIONS BETWEEN THE PRPS, THE REGION AND THE DOJ STAFF LED TO THE DRAFTING OF A CONSENT DECREE. THE CONSENT DECREE HAS NOW BEEN SIGNED BY THE PRPS AND THE REGION.

Defendants (4)

• ROCKWELL INTERNATIONAL
• ALLIED SIGNAL
• DUPONT
• 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

Enforcement conclusions (1)

• LITTLE, TERRY - GREINERSentered 1991-09-16

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-03-29Referred To Dept Of Justice
• 1989-07-13Returned To Region
• 1991-04-29Rereferred
• 1991-07-30Complaint Filed With Court
• 1991-09-16Final Order Lodged
• 1991-09-16Final Order Entered
• 1991-09-16Concluded
• 1991-10-16Enforcement Action Closed