EPA v. IVEY, ROBERT C. - LIQUID DISPOSAL INC.

Case summary

NATURE OF THE CASE: THIS PROPOSED COST RECOVERY CASE CONCERNS THE LIQUID DIS- POSAL, INC. SITE (LDI SITE) IN MACOMB COUNTY, MI. THE LDI SITE WAS USED TO INCINERATE LIQUID WASTE FROM APPROXIMATELY JANUARY 1968 TO JANUARY 1982. THE MAJOR SITE FEATURES INCLU DED A HIGH TEMPERATURE INCINERATOR, A WASTE LIQUID LAGOON, A SCRUBBER WASTE LAGOON AND NUMEROUS ABOVE AND BELOW GROUND STORAGE TANKS. THE LDI SITE WAS PERMANENTLY CLOSED IN JANU- ARY 1982 AFTER TWO WORKERS WERE KILLED IN AN INDUSTRIAL ACCI DENT. THE LDI SITE WAS LISTED ON THE NAT'L PRIORITIES LIST ON DEC. 30, 1982. FROM MAY 1982 TO APRIL 1986, USEPA COMPLETED FOUR REMOVAL ACTIONS TO ABATE THE RELEASE AND SUBSTANTIAL THREAT OF RELEASE OF PCB AND OTHER HAZARDOUS SUBSTANCES FROM THE LDI SITE. REMOVAL ACTIVITIVES INCLUDED RECOVERY OF CON- TAMINATED OIL AND SEDIMENT ON AND OFF SITE, CLOSURE OF THE SURFACE LAGOONS AND INCINERATION OF FLAMMABLE LIQUIDS AND SLUDGE IN ABOVE AND BELOW GROUND TANKS. THE MICHIGAN DEPT OF NATURAL RESOURCES, THROUGH A COOPERATIVE AGREEMENT WITH THE USEPA, INITIATED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) AT THE LDI SITE IN SEPT. OF 1983. THE RI/FS WAS COMPLETED IN AUGUST OF 1987, AND USEPA ISSUED A RECORD OF DECISION (ROD) ON SEPT. 30, 1987. THE RI/FS DEMONSTRATED THAT SURFACE SOILS AT THE LDI SITE AND IN THE VICINITY OF THE LDI SITE ARE CONTAMINATED WITH A WIDE VARIETY OF HAZAR- DOUS SUBSTANCES. IN ADDITION, THE RI/FS FOUND THAT GROUND- WATER AT AND DOWNGRADIENT OF THE LDI SITE IS CONTAMINATED WITH HAZARDOUS SUBSTANCES. CAUSE OF ACTION: USEPA SEEKS THE RECOVERY OF APPROXIMATELY $3.25 MILLION REMAINING PAST COSTS ASSOCIATED WITH THE LDI SITE PURSUANT TO SECT 107 OF CERCLA, 42 USC SECT 9607. USEPA RECENTLY CONCLUDED NEGOTIATIONS WITH A GROUP OF APPROXIMATELY 520 COM PANIES FOR A PRIVATELY FUNDED CLEANUP OF THE LDI SITE. UNDER THE CONSENT DECREE, THE SETTLING PRPS HAVE AGREED TO PERFORM THE CLEANUP SPECIFIED IN THE ROD AND TO PAY A PORTION OF U.S EPA'S PAST COSTS. THE RECOMMENDED DEFENDANTS INCLUDE SEVER- AL GENERATORS WHO HAVE DISPOSED OF HAZARDOUS SUBSTANCES AT THE LDI SITE AND TWO CURRENT AND FORMER OWNER/OPERATORS OF THE LDI SITE. THE RECOMMENDED DEFENDANTS HAVE NOT ENTERED INTO SETTLEMENT WITH THE U.S. FOR THEIR LIABILITY. PROPOSED REMEDY: THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF REMAINING RESPONSE COSTS EXPENDED BY THE USEPA AT THE LDI SITE TO DATE. WE ALSO SEEK A DECLARATORY JUDGMENT ON LIABI- LITY FOR FUTURE COSTS EXPENDED AT THE LDI SITE, PURSUANT TO SECT 113G OF CERCLA. STATUTUE OF LIMITATIONS: UNDER A CONSERVATIVE ANALYSIS OF THE LIMITATIONS PERIOD APPLICABLE TO REMOVALS, THE STATUTE OF LIMITATIONS ON A SIG- NIFICANT LDI REMOVAL WILL RUN ON APRIL 21, 1989.

Defendants (14)

• A-1 DISPOSAL CORP.Named in complaintNamed in settlement
• BRINKMAN, RAYMONDNamed in complaintNamed in settlement
• BUSSCHERS PUMPING SERV., INC.Named in complaintNamed in settlement
• CHEMICAL RECOVERY SYSTEMNamed in complaintNamed in settlement
• DETROIT EDISON CO.Named in complaintNamed in settlement
• FRONTIER CHEMICAL WASTE PROCESSING, INC.Named in complaintNamed in settlement
• HEXEL CORP.Named in complaintNamed in settlement
• HOLLY CONTAINERS, INC.Named in complaintNamed in settlement
• INECO, LTD.Named in complaintNamed in settlement
• IVEY, C. ROBERTNamed in complaintNamed in settlement
• LAKESIDE REFINING CO.Named in complaintNamed in settlement
• LIQUID DISPOSAL, INC.Named in complaintNamed in settlement
• MAZIV INDUSTRIES, LTD.Named in complaintNamed in settlement
• METRO TANK SERV., INC.Named in complaintNamed in settlement

Facilities (1)

• LIQUID DISPOSAL, INC.

  3901 HAMLIN ROAD, UTICA, MI, 48315

  Registry ID: 110009291845

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• IVEY, ROBERT C.entered 1995-11-24

  Primary law: CERCLA

• IVEY, C. ROBERTentered 1992-05-22

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-01-01Enforcement Action Data Entered
• 1989-03-27Referred To Dept Of Justice
• 1989-04-18Complaint Filed With Court
• 1995-11-24Final Order Lodged
• 1995-11-24Final Order Entered
• 1995-11-24Concluded
• 1995-11-24Enforcement Action Closed