EPA v. SCA SERVICES OF INDIANA - FORT WAYNE REDUCTION DUMP

Case summary

RI/FS COMPLETED. ROD SIGNATURE SET FOR 8/1/88. RD/RA NEGOTIATIONS ARE UNDERWAY GOOD FAITH OFFER TO CONDUCT THE REMEDIATION RECEIVED FROM WASTE MANAGEMENT ON JULY 11, 1988. WASTE MANAGEMENT OWNED AND OPERATED THE SITE. THE FORT WAYNE REDUCTION SITE IS LOCATED IN FORT WAYNE, INDIANA. THE SITE IS INCLUDED ON THE CERCLA NAT'L PRIORI- TIES LIST. UPON COMPLETION OF A FUND-FINANCED RI/FS, USEPA ISSUED THE ROD FOR THE SITE ON AUGUST 26, 1988. THE REMEDY REQUIRED BY THE ROD CALLS FOR EXCAVATION AND OFF-SITE INCINERATION OF DRUMS, RECONSOLIDATION AND CAPPING OF CONTAMINATED SOILS, GROUNDWATER COLLECTION AND TREATMENT AT THE WESTERN PORTION OF THE SITE TO PREVENT MIGRATION OF CONTAMINATION GROUNDWATER INTO THE MAUMEE RIVER (ADJOINING THE SITE), AND MONITORING OF GROUNDWATER IN PERPETUITY. THE ESTIMATED COST OF THIS REMEDY IS $10.2 MILLION. THE COST OF USEPA OVERSIGHT IS ESTIMATED AT $500.000. USEPA HAS INCUR- RED APPROXIMATELY $1.2M IN PAST (MOSTLY RI/FS) COSTS. USEPA INITIATED NEGOTIATIONS FOR THE REMEDIAL DESIGN/REME- DIAL ACTION (RD/RA) ON MAY 2, 1988, UPON ISSUANCE OF SPECI- AL NOTICE TO ALL KNOWN POTENTIALLY RESPONSIBLE PARTIES (PRP S) PURSUANT TO CERCLA SECT 122E. THE PRPS INCLUDED SCA SER- VICES OF INDIANA, INC., A WASTE MGMT, INC. SUBSIDIARY AND THE CURRENT OWNER AND FORMER OPERATOR OF THE SITE, AND 12 GENERATOR PRPS. THE GENERATORS INCLUDE UNIROYAL GOODRICH TIRE CO., POTLATCH CORP., AND 10 OTHER PRPS OF MODEST MEANS. AFTER ISSUANCE OF SPECIAL NOTICE, USEPA DEVELOPED INFORMA- ON APPROXIMATELY 20 ADDITIONAL GENERATOR PRPS, INCLUDING PHELPS DODGE, MAGANAVOX, NAVISTAR, INLAND, AND MORAMAX. THESE ADDITIONAL GENERATOR PRPS WILL BE SENT GENERAL NOTICE OF THEIR POTENTIAL LIABILITY BY THE END OF OCTOBER. DESCRIPTION OF THE OFFER SCA SERVICES OF INDIANA, INC. (SCA) HAS OFFERED TO PERFORM THE $10.2M REMEDY AND TO PAY THIRTY PERCENT (30%) OF THE OVERSIGHT COSTS UP TO A MAXIMUM OF $200,000. SCA IS THE SOLE SETTLING DEFENDANT UNDER THE DECREE. THE STATE OF INDI ANA IS A CO-PLAINTIFF AND A SIGNATORY TO THE DECREE. ACCEPTING THIS APPROXIMATELY $10.4M OFFER WOULD MEAN THAT ABOUT $1.6M IN PAST AND OVERSIGHT COSTS WOULD NOT BE COLLEC- TED FROM SCA. USEPA WOULD HAVE TO RECOVER THOSE COSTS FROM NON-SETTLORS. THE CONSENT DECREE IS INTENDED TO SETTLE CLAIMS AGAINST SCA SERVICES OF INDIANA, INC., THE OWNER/OPERATOR, POTENTIAL LY RESPONSIBLE PARTY, FOR ITS LIABILITY UNDER CERCLA SECTS 106 AND 107. UNDER THE DECREE, THE SETTLING DEFENDANT WILL ASSUME RESPO NSIBILITY FOR IMPLEMENTATION OF THE CLEANUP AT THE FORT WAYNE REDUCTION SITE IN FORT WAYNE, INDIANA, AND WILL PAY A PORTION OF FUTURE OVERSIGHT COSTS. AS THE ENCLOSED TEN- POINT SETTLEMENT EVAULATION SHOWS, THE SETTLEMENT IS IN THE GOV'T'S INTEREST.

Defendants (1)

• SCA SERVICES OF INDIANANamed in complaintNamed in settlement

Facilities (1)

• FORT WAYNE REDUCTION DUMP

  5225 OLD MAUMEE RD, FORT WAYNE, IN, 46825

  Registry ID: 110009284817

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SCA SERVICES OF INDIANA, INC.entered 1989-07-18

  Primary law: CERCLA

Timeline (6 milestones)

• 1987-11-01Enforcement Action Data Entered
• 1988-11-04Referred To Dept Of Justice
• 1989-02-22Complaint Filed With Court
• 1989-07-18Final Order Lodged
• 1989-07-18Final Order Entered
• 1989-07-18Concluded