EPA v. DIAMOND REO TRUCKS, INC. -

Case summary

THIS ACTION IS AGAINST DIAMOND REO TRUCKS, INC., A BANK- RUPT POTENTIALLY RESPONSIBLE PARTY REGARDING THE LIQUID DIS- POSAL, INC. (LDI) SITE, AND RECOVERY OF COSTS SPENT PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED (CERCLA) IS AUTHORIZED UNDER CERCLA SECTION 107. DIAMOND REO TRUCKS HAS AGREED TO PAY USEPA $300,000 AS A PRIORITY CLAIM TO RESOLVE ITS LIABI- LITIES REGARDING LDI. AS DESCRIBED BELOW, THE SETTLEMENT IS VERY FAVORABLE TO THE AGENCY. A. NATURE OF DIAMOND REO'S INVOLVEMENT AT THE LDI SITE THE LDI SITE IS A 6.8 ACRE PROPERTY IN SHELBY TOWNSHIP, MACOMB COUNTY, MICHIGAN, UPON WHICH LDI CONDUCTED A LIQUID DISPOSAL, INCINERATION, AND TREATMENT OPERATION. THE LDI SITE IS LOCATED APPROX 1/4 MI SOUTH OF THE CLINTION RIVER IN THE IMMEDIATE VICINITY OF THE ROCHESTER-UTICA RECREATION ARE AREA AND THE SHADBUSH TRACT NATURE STUDY AREA. THE SITE IS PRESENTLY LISTED ON THE NATIONAL PRIORITIES LIST. CERTAIN RECORDS AND PAPERS INDICATE THAT, PRIOR TO 12/6/74 DIAMOND REO GENERATED 187,000 GALLONS OF WASTE THAT CONTAIN- ED HAZARDOUS SUBSTANCES, WITHIN THE MEANING OF SECT 101(14) OF CERCLA, 42 USC SECT 9601(14), WHICH WERE TRANSPORTED TO AND DISPOSED OF AT THE LDI SITE. THESE DIAMOND REO-GENERA- TED WASTES REPRESENT APPROX 0.25% OF THE TOTAL VOLUME OF WASTES DEPOSITED AT THE LDI SITE. B. NATURE OF THE USEPA RESPONSE ACTIONS IN REPONSE TO RELEASES AND THREATS OF RELEASES OF HAZARD- OUS SUBSTANCES AT THE SITE, USEPA COMPLTED FOUR REMOVAL AC- TIONS PURSUANT TO CERCLA AND 40 CFR 300.65. THOSE REMOVAL ACTIONS ARE AS FOLLOWS: 1) FROM APPROX MAY 1982 TO APPROX JUNE 1982, IN RESPONSE TO A RELEASE OF PCB-CONTAMINATED OIL FROM THE WASTE LIQUID LAGOON AT THE SITE, USEPA COMPLETED AN ACTION TO REMOVE AP- PROX 200 GALLONS OF OIL AND 750 CUBIC YARDS OF CONTAMINATED SEDIMENT AND DEBRIS AT AND AROUND THE SITE. 2) FROM APPROX JULY 1982 TO APPROX SEPT 1982, IN RESPONSE TO DETERIORATING, UNSTABLE CONDITIONS PRESENTLY A THREAT OF A RELEASE OF HAZARDOUS SUBSTANCES FROM SITE, USEPA COMPLETED A REMOVAL ACTION, WHICH INCLUDED CONSTRUCTION OF A LEACHATE COLLECTION SYSTEM AT THE SITE TO STABILIZE THE SITE AND PRE- VENT OR MITIGATE FURTHER RELEASES OF HAZARDOUS SUBSTANCES FROM THE SITE. 3) FROM APPROX APRIL 1983 TO APPROX APRIL 1984, IN RE- SPONSE TO A THREAT OF RELEASE OF HAZARDOUS SUBSTANSES POSED BY HAZARDOUS SUBSTANCES STORED AT THE SITE, USEPA COMPLETED A REMOVAL ACTION FOR A SURFACE CLEANUP AT THE SITE. THE RE- MOVAL ACTION INCLUDED THE FOLLOWING; DRAINING, CAPPING AND SEEDING THE WASTE LIQUID AND SCRUBBER LAGOONS, AND REMOVAL FROM THE SITE OF DRUMS FOR OFF-SITE DISPOSAL. IN THIS REMO- VAL, USEPA REMOVED APPROX 1.3 MILLION GALLONS OF LIQUID, 15, 000 CUBIC YARDS OF SOLIDS AND 1800 DRUMS FROM THE SITE. 4) FROM APPROX JULY 1985 TO APPROX APRIL 1986, IN RESPONE TO A THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT THE FACI- LITY, USEPA COMPLETED A TANK REMOVAL ACTION. THE REMOVAL ACTION INCLUDED PUMPING AND OFF-SITE INCINERATION OF HAZARD- OUS SUBSTANCES IN 22 ABOVE GROUND AND 8 BELOW GROUND TANKS, AND REPAIR OF THE LEACHATE COLLECTION SYSTEM. ALSO, IN SEPTEMBER 1983, USEPA, THROUGH A COOPERATIVE AGEEMENT WITH THE MICHIGAN DEPT OF NATURAL RESOURCES, COM- MENCED A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RIFS) PURSUANT TO 40 CFR 300.68 FOR THE SITE. USEPA COMPLETED A REPORT ON THE REMEDIAL INVESTIGATION IN MAY 1987, AND COM- PLETED A REPORT ON THE FEASIBILITY STUDY (FS STUDY) IN AU- GUST 1987. AFTER CONSIDERATION OF THE PROPOSED ALTERNATIVES FOR REMEDIAL ACTION AND THE PUBLIC COMMENTS RECEIVED, USEPA REACHED A DECISION ON A FINAL REMEDIAL ACTION PLAN WHICH IS EMBODIED IN A DECISION, SELECTED A

Defendants (1)

• DIAMOND REO TRUCKS, INC.Named in complaintNamed in settlement

Facilities (1)

• LIQUID DISPOSAL, INC.

  3901 HAMLIN ROAD, UTICA, MI, 48315

  Registry ID: 110009291845

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• DIAMOND REO TRUCKS, INC.entered 1989-04-07

  Primary law: CERCLA

Timeline (8 milestones)

• 1988-09-12Enforcement Action Data Entered
• 1988-09-14Referred To Headquarters
• 1988-09-19Referred To Dept Of Justice
• 1988-12-13Complaint Filed With Court
• 1989-04-07Final Order Lodged
• 1989-04-07Final Order Entered
• 1989-04-07Concluded
• 1989-04-07Enforcement Action Closed