EPA v. FIRST MICHIGAN BANK TRUSTEE FOR MARY WINDOLPH TRUST

Case summary

In 1988, the US filed a complaint on the behalf of the USEPA and sought an order enjoining the owner from treating, storing and disposing of hazardous wastes in the facility's two surface impoundments and various tanks, as well as submittal and implementation of a closure and post-closure plan, and $57,000 in penalties. In a March 17, 1988 Stipulation, the defendant agreed to perform closure and post-closure activities. Since 1988 the Defendant has implemented closure. post-closure and corrective action activities under the oversight oft the Michigan Department of Environmental Quality. IMDEQ approved a certificate of closure on January 16, 2001. Defendant continues to monitor one well as required in the Post-Closure Operation and Maintenance Plan as amended in March 2006. The Facility has not operated in over 15 years. In 1991 the property passed into a Trust. Over 2.7 million from the Trust has been spent on closure and remediation. The property is the now the only asset remaining in the Trust.

Defendants (1)

• FIRST MICHIGAN BANK TRUSTEE MARY WINDOLPH TRUSTNamed in complaintNamed in settlement

Facilities (1)

• KHI INC

  582 E LAKEWOOD BLVD, HOLLAND, MI, 49424

  Registry ID: 110032749257

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• FIRST MICHIGAN BANK TRUSTEE FOR MARY WINDOLPH TRUSTentered 2006-08-28

  Primary law: RCRA

  Federal penalty: $10,000

Timeline (5 milestones)

• 1987-06-30Referred To Dept Of Justice
• 1988-05-02Complaint Filed With Court
• 2006-06-29Final Order Lodged
• 2006-08-28Final Order Entered
• 2006-09-28Enforcement Action Data Entered