EPA v. WAUSAU CHEMICAL CORP. & JAMES CHERWINKA

Case summary

THE WAUSAU NPL SITE IS A CONTAMINATED AQUIFER LOCATED UNDER THE WAUSAU, WISCONSIN AREA. THE SURFACE OF THE SITE IS TOPOGRAPHICALLY DIVIDED IN HALF BY THE WISCONSIN RIVER, WHILE THE QAUIFER ITSELF IS ONE CONTINUOUS UNIT. - THE SITE UNDERWENT A U.S. EPA FUND-LEAD REMOVAL IN 1984, AND IS CURRENTLY THE SUBJECT OF A FUND-LEAD PHASED OPERABLE UNIT REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) AND REMEDIAL DESIGN AND REMDIAL ACTION (RD/RA). CONTAMINANTS ADDRESSED BY THE REMOVASL WERE VOLATILE ORGANIC COMPOUNDS (VOC) PERCHLOROETYLENE (PCE), TRICHLOROETHYLENE (TCE), AND DICHLOROETHYLENE (DCE). THE REMEDIAL ACTIONS ADDRESS OTHER CONTAMINANTS IN ADDITION TO THE VOCS. - PHASE I OF THE RI/FS IS COMPLETE AND AN OPERABLE UNIT RECORD OF DECISION (ROD) HAS BEEN SIGNED (DECEMBER 23, 1988). THE ROD SELECTED AND INTERIM OPERABLE UNIT VOC PLUME EXTRACTION WELL REMEDY TO BE IMPLEMENTED ON THE WESTERN ONE-HALF OF THE SITE. TWO OF THE PRPS FOR THE REMEDIAL ACTION, THE CITY OF WAUSAU AND THE MARATHON ELECTRIC CORPORATION, HAVE AGREED TO PERFORM THE OPERABLE UNIT. A FINAL RD/RA CONSENT DECREE HAS BEEN RECEIVED WITH THE TWO PRPS SIGNATURES AFFIXED. THE STATE OF WISCONSIN HAS ALSO SIGNED THE RD/RA CONSENT DECREE. - THE SITE WAS FIRST ADDRESSED BY THE U.S. EPA REMOVAL PROGRAM FROM JUNE 1984 TO JANUARY 1985. THE EMERGENCY REMOVAL CON- SISTED OF INSTALLATION OF CARBON FILTERS ON A MUNICIPAL WELL TO REMOVE VOCS PRIOR TO THEIR ENTERING DRINKING WATER SUP- PLIES, SURVEYS, AND INVESTIGATIONS INTO THE POTENTIAL VOC SOURCES. THE REMOVAL INVESTIGATIONS AS WELL AS THE SUBSE- QUENT REMEDIAL INVESTIGATION CONCLUDED THAT WAUSAU CHEMICAL COMPANY AND THE OLD CITY/MARATHON ELECTRIC LANDFILL WERE CONTRIBUTING VOCS. THE RI DID NOT PRODUCE CONCLUSIVE EVI- DENCE OF VOC RELEASES FROM THE WAUSAU ENERGY PROPERTY; THUS BASED ON AVAILABLE DATA, WAUSAU ENERGY IS CONSIDERED A DE MI NIMIS DEFENDANT. - THE ABOVE REFERENCED COST RECOVERY ACTION WAS FILED IN NOVEMBER, 1987. THREE DEFENDANTS, THE CITY OF WAUSAU, WAU- SAU CHEMICAL CORPORATION, AND MARATHON ELECTRIC MANUFACTUR- ING CORPORATION, HAVE MADE THREE OFFERS TO THE U.S. ($275,000; $330,000; AND $390,000). ADDITIONALLY, THE 4TH DEFENDANT, WAUSAU ENERGY COMPANY HAS RECENTLY MADE A DE MINIMIS OFFER OF $5,000.

Defendants (5)

• CHERWINKA, JAMESNamed in complaintNamed in settlement
• MARATHON ELECTICAL MFG. CORP. - MEM CO.Named in complaintNamed in settlement
• WAUSAU CHEMICAL CORP. - WCCNamed in complaintNamed in settlement
• WAUSAU ENERGY CORP. - WECNamed in complaintNamed in settlement
• WAUSAU-CITY OFNamed in complaintNamed in settlement

Facilities (1)

• WAUSAU CHEMICAL CORPORATION

  2001 N. RIVER DR., WAUSAU, WI, 54403

  Registry ID: 110072152531

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• WAUSAU CHEMICAL CORPORATIONentered 1989-07-19

  Primary law: CERCLA

Timeline (6 milestones)

• 1987-11-01Enforcement Action Data Entered
• 1987-11-25Referred To Dept Of Justice
• 1987-11-30Complaint Filed With Court
• 1989-07-19Final Order Lodged
• 1989-07-19Final Order Entered
• 1989-07-19Concluded