EPA v. NINTH AVE DUMP SITE

Case summary

THE NINTH AVENUE SITE WAS USED FOR DISPOSAL STARTING APPROX. IN 1973. MATERIALS DISPOSED AT THE SITE CONSISTED OF DRY INDUSTRIAL, CONSTRUCTION, AND DEMOLITION WASTES AS WELL AS LIQUID INDUSTRIAL AND CHEMICAL WASTES. IN 1975, THE INDIANA STATE BOARD OF HEALTH (ISBH) BECAME AWARE OF POTENTIAL PRO- BLEMS AT THE SITE AND CONDUCTED AN INSPECTION. ISBH DOCU- MENTED THE EXISTENC OF APPROX. 10,000 55-GAL DRUMS ON THE SURFACE, AND ESTIMATED THAT 500,000-GALS OF LIQUID INDUSTRI- AL WASTE HAD BEEN DUMPED AND 1,000 DRUMS BURIED ON-SITE. EFFORTS BY THE STATE TO ENFORCE SITE CLEANUP WERE NOT SUCCESSFUL, AND IN 1980, THE EPA FILED SUIT AGAINST THE SITE OPERATOR AND SEVERAL PROPERTY OWNERS. IN SEPTEMBER 1983, IN SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST. - IN DECEMBER 1983, U.S. EPA FILED A CONSENT JUDGMENT IN FEDER AL COURT FOR THE NORTHEN DISTRICT OF INDIANA AGAINST THE SITE OWNER/OPERATOR, STEVE MARTELL, AS WELL AS SEVERAL OTHER PRPERTY OWNERS, WHO WERE SUBSEQUENTLY DISMISSED. THE JUDGMENT REQUIRED MARTELL TO PERFORM A SITE INVESTIGATION AND CLEANUP, AND REQUIRED HIM TO ESTABLISH A TRUST FUND. MARTELL MUST DEPOSIT A TOTAL OF $10,000 EACH MONTH FOR REME- DIAL ACTION COSTS AND REIMBURSEMENT TO THE UNITED STATES. FROM 1983 TO 1985, MARTELL REMOVED DRUMS, DEBRIS AND CONTAMI NATED SOILS FROM THE SURFACE OF THE SITE UNDER CONSENT JUDGE MENT. - IN 1985, MARTELL ENCOUNTERED FINANCIAL DIFFICULTIES AND U.S. EPA DETERMINED THAT THE RI/FS WOULD NOT BE PROPERLY PER- FORMED BY HIM. IN JUNE 1985, U.S. EPA AUTHORIZED THE U.S. ARMY CORPS OF ENGINEERS (U.S. ACE) TO DO AN RI/FS UNDER AN EXPERIMENTAL PROGRAM TO EVALUATE THE U.S. ACE FOR FUTURE RI/ FS WORK. - THE RI WAS COMPLETED IN JUNE 1988. A PHASED FEASIBILITY STUDY (PFS) WAS ALSO COMPLETED IN JUNE 1988 TO ADDRESS A FLOATING OIL PHASE ON THE GROUNDWATER UNDER THE SITE. ESTIMATED COSTS OF THIS OPERABLE UNIT ARE $2.4 MILLION. SPECIAL NOTICE LETTERS (SNL) WERE SENT ON JULY 7, 1988 TO 180 PRPS BUT NO AGREEMENT WAS REACHED THROUGH NEGOTIATIONS. U.S. EPA SENT A UNILATERAL ADMINISTRATIVE ORDER (UAO) TO 180 PRPS ON DECEMBER 7, 1988. ON JANUARY 13, 1989 75 PRPS AGREED TO COMPLY WITH THE ORDER. SEVERAL OTHERS HAVE COM- MITTED TO COMPLY WITH THE ORDER SINCE THAT TIME. - THE PUBLIC COMMENT DRAFT FEASIBILITY WAS COMPLETED IN JANU- ARY 1989. A PROPOSED PLAN FOR THE FINAL REMEDY IS CURRENTLY UNDER REVIEW. THE PROPOSED REMEDIAL ACTION, WHICH WILL COST APPROX. $22 MILLION, INCLUDES: * HOT SPOT EXCAVATION AND INCINERATION OF OIL CONTAMINATED FILL AND DEBRIS, AND INCINERATION OF EXTRACTED OIL. * LANDFILLING INCINERATOR ASH AND COVERING WITH A MULTI-LAY ER CAP. * REMOVAL OF CONTAMINATED SEDIMENTS AND DEBRIS FROM SURFACE WATER BODIES. * GROUNDWATER EXTRACTION AND TREATMENT. ON 10/17/94 EXPEDITED AMENDMENT TO REFERRAL MADE TO DOJ ADDING 15 DEFENDANTS.

Defendants (15)

• NINTH AVE DUMPNamed in complaintNamed in settlement
• VALHI (FORMERLY CHICAGO STEEL & WIRE)Named in complaintNamed in settlement
• VALSPAR (FORMERLY ELLIOTT PAINT)Named in complaintNamed in settlement
• WILSON STEEL & WIRENamed in complaintNamed in settlement
• AMERICAN NATIONAL CANNamed in complaintNamed in settlement
• CLARK OILNamed in complaintNamed in settlement
• MACLEAN-FOGGNamed in complaintNamed in settlement
• MAGEE CHEMICALNamed in complaintNamed in settlement
• MONSANTO CHEMICALNamed in complaintNamed in settlement
• NATIONAL PRECISION CIRCUITNamed in complaintNamed in settlement
• NAVISTAR (FORMERLY INTERNATIONAL HARVESTNamed in complaintNamed in settlement
• REGAL TUBENamed in complaintNamed in settlement
• REXENE POLYMERSNamed in complaintNamed in settlement
• SPOT NAILSNamed in complaintNamed in settlement
• SUN CHEMICAL CORP.Named in complaintNamed in settlement

Facilities (1)

• NINTH AVE DUMP

  7357 W NINTH AVE, GARY, IN, 46402

  Registry ID: 110003090752

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• NINTH AVE DUMP SITEentered 1993-01-15

  Primary law: CERCLA

• LTV STEELentered 1993-04-16

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-03-29PRN Sent
• 1989-04-03Enforcement Action Data Entered
• 1991-04-30Referred To Dept Of Justice
• 1993-01-15Complaint Filed With Court
• 1993-04-16Final Order Lodged
• 1993-04-16Final Order Entered
• 1996-03-14Concluded
• 1996-03-14Enforcement Action Closed