EPA v. INDUSTRIAL EXCESS LANDFILL

Case summary

THE INDUSTRIAL EXCESS LANDFILL ('I.E.L. ) IS A 30-ACRE SITE NEAR UNIONTOWN, OHIO. BEGINNING IN 1964, THE LANDFILL ACCEPTED MUNICIPAL, COMMERCIAL, INDUSTRIAL, AND CHEMICAL WASTES. IN 1980, THE STARK COUNTY BOARD OF HEALTH AND STARK COUNTY COURT OF COMMON PLEAS ORDERED CLOSURE OF THE LANDFILL. IN 1983, THE STATE OF OHIO SUBMITTED THE SITE TO THE U.S. EPA AS A NATIONAL PRIORITY LIST CANDIDATE. IN OCTOBER 1984, U.S. EPA ANNOUNCED THE INCLUSION OF THE SITE ON THE NPL. ON DECEMBER 26, 1984. A WORK ASSIGNMENT WAS ISSUED FOR PERFORMANCE OF A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY FOR THE I.E.L. SITE. FEDERAL ENFORCEMENT ACTIVITIES BEGAN IN APRIL 1985 WITH THE ISSUANCE OF NOTICE LETTERS TO I.E.L.'S OWNER/OPERATOR AND TO FIVE TIRE COMPANIES WHO WERE GENERATORS OF WASTES DISPOSED OF AT THE SITE. THE NOTICE LETTER REQUESTED THAT THESE PRPS VOLUNTARILY UNDERTAKE THE RI/FS. NEGOTIATIONS WITH THE PRPS DID NOT RESULT IN A SETTLEMENT FOR CONDUCT OF THE RI/FS. CONSEQUENTLY, U.S. EPA CONDUCTED THE RI/FS A FUND-LEAD PROJECT. A DRAFT RI/FS REPORT IS SCHEDULED TO BE RELEASED BY EARLY 1988, WITH A ROD SCHEDULED FOR MARCH 1988. CONCURRENT WITH THE OVERALL RI/FS, U.S. EPA CONDUCTED AN OPERABLE UNIT FOCUSED FEASIBILITY STUDY ( FFS ) FOR PROVISION OF A LONG-TERM ALTERNATIVE WATER SUPPLY TO AREA RESIDENTS WHO ARE AFFECTED OR POTENTIALLY AFFECTED BY CONTAMINATION FROM I.E.L. - RE: 11/06/89 - AMENDED COMPLAINT THIS IS IN REFERENCE TO USA VS. INDUSTRIAL EXCESS LANDFILL INC., ET AT., CIVIL ACTION NO. 5:89CV01988. ON OCT. 13, 19 89, THE AUSA IN CLEVELAND, OH., FILED THE ABOVE-CAPTIONED CASE IN THE U.S. DIST. COURT FOR THE NORTHERN DIST. OF OH. THE CASE HAD PREVIOUSLY BEEN REFERRED TO THE LAND AND NATUR- AL RESOURCES DIV. BY THE USEPA, REGION V, AS STRICTLY A CERCLA, SECT 107 CASE.

Defendants (13)

• B.F. GOODRICHNamed in complaint
• BRIDGESTONE/FIRESTONENamed in complaint
• GENCORP, INC.Named in complaint
• GOODYEAR AEROSPACE CORP.Named in complaint
• GOODYEAR TIRE & RUBBER COMPANYNamed in complaint
• HYBUD EQUIPMENT COMPANYNamed in complaintNamed in settlement
• HYMAN BUDOFFNamed in complaintNamed in settlement
• INDUSTRIAL EXCESS LANDFILL, INC.Named in complaintNamed in settlement
• KITTINGER TRUCKING COMPANYNamed in complaintNamed in settlement
• KITTINGER, CHARLESNamed in complaintNamed in settlement
• KITTINGER, MERLENamed in complaintNamed in settlement
• MORGAN ADHESIVES COMPANYNamed in complaintNamed in settlement
• PPG INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL EXCESS LANDFILL

  4 MILE SOUTH INTERSECTION 619 AND CLEVELAND AVENUE, UNIONTOWN, OH, 44685

  Registry ID: 110071101755

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• INDUSTRIAL EXCESS LANDFILL - PPG INDUSTRIESentered 2007-10-02

  Primary law: CERCLA

• INDUSTRIAL EXCESS LANDFILL - KITTINGERentered 2008-11-04

  Primary law: CERCLA

• INDUSTRIAL EXCESS LANDFILL - BUDOFFentered 2008-11-04

  Primary law: CERCLA

• INDUSTRIAL EXCESS LANDFILL - MORGAN ADHESIVESentered 2007-10-02

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-07-31Enforcement Action Data Entered
• 1989-03-29Referred To Dept Of Justice
• 1989-07-13Returned To Region
• 1989-08-18Rereferred
• 1989-10-13Complaint Filed With Court
• 2008-04-07Final Order Lodged
• 2008-11-04Final Order Entered