EPA v. BURROWS, ELMER

Case summary

DATE VIOLATION DETERMINED: 1984 LIABILITY OF DEFENDANTS: DEFENDANTS ARE LIABLE FOR RESPONSE COSTS INCURRED BY U.S. EPA IN CONNECTION WITH A SITE KNOWN AS THE BURROWS LAND- FILL IN HARTFORD, MI. THE COSTS ARE RECOVERABLE UNDER SECTION 107 OF CERCLA. PROPOSED RELIEF: U.S. EPA SEEKS RECOVERY OF ALL COSTS INCURRED BY U.S. EPA, WHICH TOTALLED APPROXIMATELY $860,490.28 AS OF MARCH, 1988 AS WELL AS DECLARATORY RELIEF AS TO FUTURE COSTS (ESTI- MATED TO EXCEED $2 MILLION). RECENT CONTACTS WITH DEFENDANTS: ON MARCH 9, 1988, U.S. EPA NOTIFIED DEFENDANTS BY LETTER OF ITS PLANS TO RECOVER THE U.S. EPA COSTS, AND DEMANDED SAME. SIGNIFICANCE OF THE REFERRAL: INITIATION OF THIS ACTION BY APRIL 22, 1988 WILL AVOID ANY STATUTE OF LIMITATIONS BAR TO THE RECOVERY OF SUPERFUND COSTS ASSOCIATED WITH THIS SITE. EVIDENCE OF LIABILITY: SAMPLING PERFORMED BY U.S. EPA AND THE STATE DEMONSTRATED THE RELEASE OF HEAVY METALS, ARSENIC, CYANIDE FROM THE BURROWS FACILITY. DOCUMENTARY AND TESTIMONIAL EVIDENCE ESTABLISHES THAT LARGE QUANTITIES OF METAL HYDROXIDE SLUDGES WERE DISPOSED OF AT THE SITE. DATE REFERRAL REQUEST APPEARED NECESSARY: THE REFERRAL BECAME NECESSARY ONCE SUPERFUND MONIES IN SUB- STANTIAL AMOUNTS WERE SPENT IN RESPONSE TO THE RELEASE FROM THE SITE. THE REFERRAL REQUEST IS APPROPRIATE NOW BECAUSE OF THE POSSIBILITY THAT SECT 113F OF CERCLA WILL BAR THE RE- COVERY OF SOME OF THE GOVERNMENT'S COSTS IF AN ACTION IS NOT COMMENCED BY APRIL 22, 1988.

Defendants (9)

• GEORGIA MACKINDERNamed in complaintNamed in settlement
• WHIRLPOOL CORPORATIONNamed in complaintNamed in settlement
• AUTO SPECIALTIES MANUFACTURING COMPANYNamed in complaintNamed in settlement
• DOUGLAS MACKINDERNamed in complaintNamed in settlement
• DU-WEL HARTFORD INC.Named in complaintNamed in settlement
• DU-WEL PRODUCTS, INC.Named in complaintNamed in settlement
• ELMER BURROWS D/B/A BURROWSNamed in complaintNamed in settlement
• FUNK, DUANENamed in complaintNamed in settlement
• FUNK, EVELYNNamed in complaintNamed in settlement

Facilities (3)

• BURROWS SANITATION

  E 54TH AVE, HARTFORD, MI, 49057

  Registry ID: 110008449410

• DU WEL HARTFORD INCORPORATED

  520 HEYWOOD ST, HARTFORD, MI, 49057

  Registry ID: 110000738685

• BANGOR INDUSTRIES INCORPORATED

  101 RICHARD BEER MEMORIAL DR., BANGOR, MI, 490130069

  Registry ID: 110000408862

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (2)

• ELMER BURROWS, ET ALentered 1990-12-10

  Primary law: CERCLA

• ELMER BURROWS, ET ALentered 1992-01-21

  Primary law: CERCLA

Timeline (8 milestones)

• 1988-03-25Enforcement Action Data Entered
• 1988-03-28Referred To Headquarters
• 1988-04-14Referred To Dept Of Justice
• 1988-04-21Referred TO U.S. Attorney
• 1988-04-22Complaint Filed With Court
• 1992-01-21Final Order Lodged
• 1992-01-21Final Order Entered
• 1992-07-20Concluded