EPA v. AMERICAN RENOVATING/ROSE TOWNSHIP

Case summary

I. SYNOPSIS OF THE CASE THE ROSE TOWNSHIP DUMP SITE IS LOCATED ON DEMODE ROAD IN RURAL ROSE TOWNSHIP, OAKLAND COUNTY, MICH. FROM 1966 UNTIL AT LEAST 1968, AN UNKNOWN NUMBER IF DRUMS OF WASTES WHICH INCLUDED SOLVENTS, PAINT SLUDGES AND PCB WERE BURIED AT THE SITE. IN ADDITION, BULK WASTES WERE ALSO DISCHARGED TO THE SURFACE OR INTO SHALLOW LAGOONS OR PITS AT THE SITE. THE SITE WAS PLACED ON THE NATIONAL PRIORITY LIST (NPL) IN SEPT. OF 1983. BEGINNING IN 1983, USEPA AND THE MICH. DEPT OF NATURAL RESOURCES (NDNR) CONDUCTED A REMEDIAL INVES- TIGATION/FEASIBILITY STUDY (RI/FS) TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION WHICH EXISTS AT THE SITE. THE RI/FS FOR THE ROSE TOWNSHIP DUMP SITE CONCLUDED THAT SURFACE SOIL, SUBSTANCES SOIL AND GROUNDWATER HAD BEEN CON- TAMINATED BY THE DISPOSAL ACTIVITIES WHICH HAD BEEN CONDUC- TED AT THE SITE. AT THE TIME THAT THE ROSE TOWNSHIP RI/FS WAS RELEASED FOR PUBLIC COMMENT (IN JUNE OF 1987), USEPA NOTIFIED 28 COMPANIES BY LETTER OF THEIR PRTENTIAL LIABILITY FOR THE HAZARDOUS SUBSTANCE CONTAMINATION WHICH EXISTS AT THE SITE. IN THIS LETTER, USEPA ALSO GAVE THESE AN OPPORTU- NITY TO NEGOTIATE WITH USEPA FOR PRIVATELY FUNDED CLEANUP AT THE ROSE TOWNSHIP SITE. RECENTLY USEPA REACHED AN AGREEMENT WITH TWELVE OF THE TWENTY-EIGHT NOTIFIED COMPANIES FOR A PRIVATELY FUNDED CLEAN UP AT THE SITE. THESE TWELVE COMPANIES HAVE OFFERED TO UN- DERTAKE THE FOLLOWING REMEDIAL ACTIVITIES AT THE SITE: 1. FENCE THE SITE; 2. INSTALL AND IMPLEMENT A GROUNDWATER EXTRACTION AND TREATMENT SYSTEM FOR THE SITE; 3. INCINERATE PCB CONTAMINATED SOIL AT THE SITE; 4. PERFORM ANY NECESSARY REMEDIAL ACTION ON THE METALS CONTAMINATED SOILS A THE SITE; 5. INSTALL AND IMPLEMENT A GROUNDWATER MONITORING SYSTEM FOR THE SITE; 6. REMEDIATE THE VOC CONTAMINATED SUBSTANCE SOIL AT THE SITE BY USE OF A SOIL FLUSHING SYSTEM; AND 7. INVESTIGATE AND PERFORM ANY NECESSARY REMEDIAL ACTION ON SEDIMENTS IN THE ADJACENT WETLANDS. IN EXCHANGE FOR THESE COMPANIES AGREEING TO PERFORM THE ABOVE-DESCRIBED CLEAN-UP ACTIVITIES AT THE SITE, USEPA HAS AGREED TO WAIVE REIMBURSEMENT OF ALL PAST USEPA RESPONSE COSTS INCURRED AT THE SITE. THEREFORE, THIS COST RECOVERY REFERRAL SEEKS TO RECOVER ALL RESPONSE COSTS USEPA HAS IN- CURRED AT THE ROSE TOWNSHIP SITE FROM THE SIXTEEN COMPANIES WHO HAVE NOT ENTERED INTO SETTLEMENT WHICH USEPA FOR THEIR LIABILITY AT THE ROSE TOWNSHIP SITE. II. SITE CHARACTERISTICS A. SITE DESCRIPTION THE ROSE TOWNSHIP DUMP SITE IS A 110 ACRE SITE LOCATED IN RURAL AREA OF OAKLAND COUNTY, MICH, APPROXIMATELY ONE MILE WEST OF THE TOWN OF ROSE CENTER. B. OWNERSHIP HISTORY THE OWNERS OF THE PROPERTY, BOTH NOW AND DURING WASTE DIS- POSAL OPERATIONS, ARE LEONARD AND GERTRUDE DORSEY.

Defendants (7)

• ARGO PAINT & CHEMICALNamed in complaintNamed in settlement
• BASF CORPORATIONNamed in complaintNamed in settlement
• COMMERCIAL STEEL TREATINGNamed in complaintNamed in settlement
• DESOTO, INC.Named in complaintNamed in settlement
• DORSEY, LEONARD & GERTRUDENamed in complaintNamed in settlement
• EMCO CHEMICALNamed in complaintNamed in settlement
• AMERICAN RENOVATINGNamed in complaintNamed in settlement

Facilities (1)

• ROSE TOWNSHIP DUMP

  1065 DEMODE RD, ROSE TOWNSHIP, MI, 48654

  Registry ID: 110009292087

Statutes cited

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

Enforcement conclusions (1)

• AMERICAN RENOVATINGentered 1992-09-03

  Primary law: CERCLA

Timeline (7 milestones)

• 1983-09-08Enforcement Action Data Entered
• 1988-12-29Referred To Dept Of Justice
• 1989-05-26Complaint Filed With Court
• 1992-09-03Final Order Lodged
• 1992-09-03Final Order Entered
• 1992-09-03Concluded
• 1992-10-19Enforcement Action Closed