EPA v. MARATHON ELECTRIC MFG & WAUSAU-CITY OF

Case summary

23, 1988, ROD AND THE CONSENT DECREE CALL FOR THE PRPS TO COMPLETE DESIGN WORK ON AND TO IMPLEMENT A GROUNDWATER EX- TRACTION WELL WHICH IS INTENDED TO CAPTURE A PORTION OF THE VOC PLUME EMANATING FROM THE ABANDONDED LANDFILL. THE DECREE SETS FORTH PERFORMANCE GOALS AND CLEAN-UP STANDARDS WHICH REQUIRE THE PRPS TO OPERATE THE WELL UNTIL U.S. EPA DETERMINES THAT GROUNDWATER VOC CONCENTRATIONS HAVE BEEN RE- DUCED BELOW THE STATE STANDARD OF 1.8 MICROGRAMS PER LITER. IT IS ANTICIPATED THAT THE FINAL REMEDY FOR THE SITE WILL IN CORPORATE OR OTHERWISE DIRECT THE OPERATION OF THE WELL. THE DECREE ALSO REQUIRES THE PRPS TO PAY OVERSIGHT COSTS, AS WELL AS $50,000 IN PAST U.S. EPA RI/FS COSTS. THE WAUSAU NPL SITE IS A CONTAMINATED AQUIFER LOCATED UNDER THE WAUSAU, WISCONSIN AREA. THE SURFACE OF THE SITE IS TOPOGRAPHICALLY DIVIDED IN HALF BY THE WISCONSIN RIVER, WHILE THE AQUIFER ITSELF IS ONE CONTINUOUS UNIT. - PHASE I OF THE RI/FS IS COMPLETE AND AN OPERABLE UNIT RECORD OF DECISION WAS SIGNED BY ON DECEMBER 23,1988. THE ROD SELECTED AN INTERIM OPERABLE UNIT EXTRACTION WELL REMEDY, TO REMOVE A VOLATILE ORGANIC COMPOUND PLUME FROM THE WESTERN ONE-HALF OF THE SITE. - TWO OF THE PRPS FOR THE SITE, (WHICH ALSO ARE TWO OF THREE SETTLEING DEFENDANTS IN THE FILED COST RECOVERY ACTION U.S. V. WAUSAU CHEMICAL, ET. AL.) THE CITY OF WAUSAU AND THE MARATHON ELECTRIC CORPORATION, HAVE AGREED TO PERFORM THE OP ERABLE UNIT. A FINAL RD/RA CONSENT DECREE WAS RECEIVED ON APRIL 14, 1989, WITH THE TWO PRPS' SIGNATURES AFFIXED. THE STATE OF WISCONSIN HAS ALSO SIGNED THE RD/RA CONSENT DECREE. - THE SITE WAS FIRST ADDRESSED BY THE U.S. EPA REMOVAL PROGRAM FROM JUNE 1984 TO JANUARY 1985. CONTAMINANTS ADDRESSED BY THE REMOVAL, WHICH ARE ALSO THE PRIMARY TARGETS OF THE OPERABLE UNIT, WERE VOLATILE ORGANIC COMPOUNDS PERCHLORO- ETHYLENE (PCE), TRICHLOROETHLENE (TCE), AND DICHLOROETHYLENE (DCE). THE EMERGENCY REMOVAL CONSISTED OF INSTALLATION OF CARBON FILTERS ON A MUNICIPAL WELL (CITY SUPPLY WELL NUMBER 6) TO REMOVE VOCS PRIOR TO THEIR ENTERING DRINKING WATER SUPPLIES, SURVEYS, AND INVESTIGATIONS INTO THE POTENTIAL VOC SOURCES. - THE REMOVAL INVESTIGATIONS AS WELL AS THE SUBSEQUENT REMEDI- AL INVESTIGATION CONCLUDED THAT WAUSAU CHEMICAL CO. (LOCATED ON THE EAST SIDE OF THE RIVER) AND THE ABANDONED OLD CITY/ MARATHON ELECTRIC LANDFILL (OWNED BY THE CITY AND MARATHON ELECTRIC AND LOCATED ON THE WEST BANK OF THE RIVER) WERE CON TRIBUTING VOC PLUMES TO THE AQUIFER. THE RI DID NOT PRODUCE CONCLUSIVE EVIDENCE OF VOC RELEASES FROM THE WAUSAU ENERGY PROPERTY, THUS, ALTHOUGH STILL A PRP, BASED ON AVAILABLE DATA, WAUSAU ENERGY IS CONSIDERED A DE MINIMIS DEFENDANT. - PUMPING OF THE CITY'S WEST-SIDE WATER SUPPLY WELLS IS PULL- ING ONE OF AT LEAST TWO VOC PLUMES EMANATING FROM THE ABAN- DONED LANDFILL NORTHWARD INTO THE NUMBER SIX CITY WATER SUPPLY WELL. AIR STRIPPERS INSTALLED BY THE CITY IN 1984, PARTIALLY WITH FUNDS FROM A FEDERAL EXPERIMENTAL GRANT PRO- GRAM, ARE EFFECTIVELY REMOVING THE VOCS BEFORE THEY ENTER THE DRINKING WATER SUPPLY. HOWEVER, CONCERNS REGARDING THE TRACE VOC LEVELS WHICH ARE STILL PRESENT IN THE DRINKING WAT ER SUPPLIES, AS WELL AS CONCERN REGARDING PROTECTION OF CITY WELLS SEVEN AND NINE (LOCATED NORTH OF CITY WELL 6) LED TO THE U.S. EPA'S DECEMBER 23, 1988, OPERABLE UNIT ROD. - BASED ON THE FIRST PHASE RESULTS OF THE RI/FS (THE FIRST PHASE FOCUSED ON THE WESTERN HALF O

Defendants (2)

• MARATHON ELECTRIC MFG CORPORATIONNamed in complaintNamed in settlement
• WAUSAU-CITY OFNamed in complaintNamed in settlement

Facilities (1)

• WAUSAU CHEMICAL CORPORATION

  2001 N. RIVER DR., WAUSAU, WI, 54403

  Registry ID: 110072152531

Statutes cited

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

Enforcement conclusions (1)

• MARATHON ELECTRIC & WAUSAU, CIentered 1989-09-08

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-07-01Enforcement Action Data Entered
• 1989-03-30Referred To Dept Of Justice
• 1989-07-13Complaint Filed With Court
• 1989-09-08Final Order Lodged
• 1989-09-08Final Order Entered
• 1989-09-08Concluded
• 1991-01-28Enforcement Action Closed