EPA v. MIAMI CTY INCINERATOR - GENERAL REFUSE SERV.

Case summary

SITE HISTORY THE MIAMI COUNTY INCINERATOR AND LANDFILL IS A 75-ACRE SITE SITUATED ON COUNTY-OWNED LAND ABOUT 2 MILES NORTH OF THE CITY OF TROY AND APPROX. 1500 FT WEST OF THE GREAT MIAMI RIVER. THE CITY OF TROY'S MUNICIPAL WELL FILEDS LIE APPROX. 2.5 MILES SOUTHEAST OF THE SITE. THE INCINERATOR WAS BUILT IN 1967 AND THE FACILITY BEGAN ACCEPTING HOUSEHOLD, COMMER- CIAL AND INDUSTRIAL WASTES A YEAR LATER. LIQUID WASTES THAT WERE NOT INCINERATED WERE DUMPED DIRECTLY ONTO THE GROUND. THE TOTAL VOLUME OF LANDFILLED LIQUID WASTES MAY EXCEED 8 MILLION GALLONS. OEPA ORDERED THE FACILITY TO CEASE DISPOS- AL OF LIQUID WASTE BY APRIL 1974, ALTHOUGH LIQUID WASTE DISPOSAL APPARENTLY CONTINUED UNTIL MARCH 1975. IN 1974 THE INCINERATOR LICENSE WAS NOT RENEWED BECAUSE IT FAILED TO MEET AIR EMISSION STANDARDS. THE FACILITY CONTINUED TO LAND FILL WASTE UNTIL OCTOBER 1978 WHEN IT WAS CONVERTED TO ITS PRESENT USE, A SOLID WASTE TRANSFER STATION. IN 1984, U.S. EPA INCLUDED THE SITE ON THE NPL AND AUTHORIZED A RI/FS. - REMEDIAL ENFORCEMENT OBJECTIVES REACH A SETTLEMENT WITH THE PRPS, INCLUDING TRANSPORTERS, THAT IMPLEMENTS THE REMEDY DESCRIBED IN THE PROPOSED PLAN & SELECTED IN THE ROD AND TO PAY THE UNITED STATE'S AND OHIO'S PAST COSTS IF THE STATE CHOOSES TO PARTICIPATE IN THE CON- SENT DECREE. IN THE EVENT CERTAIN TRANSPORTERS DO NOT JOIN THE SETTLEMENT THE OBJECTIVE IS TO REACH A SETTLEMENT WITH THE PRP GROUP TO IMPLEMENT THE REMEDY. DUE TO THE NUMBER OF MUNICIPALITIES THAT ARE SUBSTANTIAL PRPS, ORPHANS SHARES, AND UNKOWN PARTIES, MIXED FUNDING MAY BE APPROPRIATE TO PRO- MOTE A SETTLEMENT. A DE MINIMUS SETTLEMENT MAY ALSO APPRO- PRIATE BECAUSE OF THE GREAT NUMBER OF SMALL CONTRIBUTORS TO THE SITE.

Defendants (2)

• GENERAL REFUSE SERVICESNamed in complaintNamed in settlement
• MIAMI CTY INCINERATORNamed in complaintNamed in settlement

Facilities (2)

• MIAMI COUNTY INCINERATOR SITE

  2200 NORTH COUNTY ROAD 25A, TROY, OH, 45373

  Registry ID: 110004722024

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 122H3 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MIAMI CTY INCINERATORentered 1993-03-28

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-01-04Enforcement Action Data Entered
• 1989-03-31PRN Sent
• 1989-09-29Referred To Dept Of Justice
• 1989-12-18Complaint Filed With Court
• 1993-03-28Final Order Lodged
• 1993-03-28Final Order Entered
• 1993-03-28Concluded
• 1997-09-26Enforcement Action Closed