EPA v. OCONOMOWOC

Case summary

NO VIOLATION BUT ITS A CERCLA S104, 107 NATIONAL PRIORI- TY LIST SITE WHERE WE ARE DOING A RI/FS AND WILL EVENTALLY DO A CLEANUP. OCONOMOWOC ELECTROPLATING IS THE ONLY PRP. OCONOMOWOC, A HAZARDOUS WASTE SITE, LOCATED IN ASHIPPUN, WI., IS ON THE NAT'L PRIORITIES LIST (NPL). FROM JULY 20 TO JULY 22, 1987, THE USEPA UNDERTOOK A REMOVAL ACTION THAT IN- VOLVED ERECTING A FENCE ALONG THE PERIMETER OF THE OCONOMO- WOC SITE. SINCE THAT TIME, REGION V HAS COMPLETED A REMEDIA DIAL INVESTIGATION AND IS IN THE PROCESS OF COMPLETING A FEA SIBILITY STUDY THAT WILL ADDRESS THE OCONOMOWOC SITE AND AN ADJACENT WETLAND AREA. THE USEPA WOULD LIKE THE COMPLAINT EXPEDITIOUSLY FILED FOR SEVERAL REASONS. FIRST, PRELIMINARY CONTACT WITH THE IDENTI FIED RESPONSIBLE PARTY INDICATES THAT A SATISFACTORY RESOLU- TION OF THIS MATTER WILL NOT BE ACHIEVED THROUGH PRE-ENFORCE MENT NEGOTIATIONS. SECONDLY, IF WE FAIL TO FILE A COMPLAINT BY JULY 22, 1990, THE DEFENDANTS WILL LIKELY RAISE A STATUTE OF LIMITATIONS DEFENSE. THIS DEFENSE WILL BE BASED ON THE AMENDMENTS TO THE CERCLA 42 USC SECT 9601 ET SEQ. THAT CON- GRESS PASSED IN OCT. 1986. THESE AMENDMENTS ESTABLISHED LI- MITATIONS FOR THE RECOVERY OF COSTS FOR REMOVAL ACTIONS. THE AMENDMENTS STATE THAT THE USEPA MUST FILE A COST RECO- VERY ACTION WITHIN THREE YEARS OF THE COMPLETION OF THE RE- SPONSE ACTION. IN THIS CASE, THE REMOVAL ACTION TO ERECT THE FENCE AROUND THE OEC SITE WAS COMPLETED IN JULY 22, 1987 THEREFORE, THE CASE MUST BE FILED NLT JULY 22, 1990.

Defendants (1)

• OCONOMOWOC ELECTROPLATING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• OCONOMOWOC ELECTROPLATING COMPANY

  W2573 OAK ST, ASHIPPUN, WI, 53003

  Registry ID: 110000620668

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• OCONOMOWOCentered 1993-07-08

  Primary law: CERCLA

Timeline (6 milestones)

• 1990-06-08Referred To Dept Of Justice
• 1990-07-23Complaint Filed With Court
• 1993-07-08Final Order Lodged
• 1993-07-08Final Order Entered
• 1993-07-08Concluded
• 1997-07-30Enforcement Action Closed