EPA v. YOUNT, ET AL.

Case summary

THIS IS A SETTLEMENT UNDER SECT 122 OF A REMEDIAL DESIGN/ ACTION DEMAND MADE ON THE DEFENDANTS. ADDITIONAL PRPS RE- CEIVED NOTICE BUT DECLINED TO PARTICIPATE. THE CONSENT DECREE INVOLVES MIXED FUNDING TO A MAXIMUM OF 25% OF RD/RA COSTS NOT TO EXCEED $1.77 MILLION OF APPROXIMATELY 7.1 MIL- LION COSTS. WE AGREED TO WAIVE ALL PAST COST CLAIMS FOR THE RI/FS AS AGAINST SETTLING DEFENDANTS. APPROXIMATELY $1.2 MILLION, RESERVING OUR RIGHT TO PROCEED AGAINST NON-SETT- LORS. THE SITE IS AN IMPROPERLY CLOSED MUNICIPAL LANDFILL WHICH ACCEPTED SOME HAZARDOUS WASTES AND CONTAMINATED SEW- AGE SLUDGE ALONG WITH GENERAL REFUSE. IT WAS OPERATED BY BRAGG CONSTRUCTION CO. AND OTHER OPERATORS. RICHARD YOUNT RECEIVED THE PROPERTY AS A BEQUEST IN A WILL. RCA LEASED PORTIONS OF THE SITE FOR DISPOSAL OF ITS WASTE, WHICH INCLUDED VENT AND MATERIALS FROM ITS PICTURE TUBE PLANT IN MARION.

Defendants (8)

• DANA CORP.Named in complaintNamed in settlement
• DIVERSITECH GENERALNamed in complaintNamed in settlement
• ESSEX GROUPNamed in complaintNamed in settlement
• GENERAL MOTORS CORP.Named in complaintNamed in settlement
• MARION, IL., CITY OFNamed in complaintNamed in settlement
• OWENS-ILLINOIS, INC.Named in complaintNamed in settlement
• RCA CORP.Named in complaintNamed in settlement
• YOUNT, RICHARD & RUTHADELNamed in complaintNamed in settlement

Facilities (1)

• MARION (BRAGG) DUMP

  2627-2629 CENTRAL AVE, MARION, IN, 46952

  Registry ID: 110009284844

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• YOUNT, RICHARD ET AL.entered 1991-04-24

  Primary law: CERCLA

Timeline (7 milestones)

• 1983-05-05Enforcement Action Data Entered
• 1989-08-16PRN Sent
• 1989-09-29Referred To Dept Of Justice
• 1990-07-20Complaint Filed With Court
• 1991-04-24Final Order Lodged
• 1991-04-24Final Order Entered
• 1991-04-24Concluded