EPA v. MID-STATE DISPOSAL, INC. ET AL

Case summary

THE CONSENT DECREE IS INTENDED TO SETTLE CLAIMS OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AGAINST THE NAMED DEFENDANTS: THE OWNER AND OPERATOR MID-STATE DISPOSAL INC.; AND THE GENERATORS WEYERHAEUSER COMPANY; STEEL KING INDUSTRIES, INC.; AND FELKER BROTHERS CORPORATION, FOR THEIR LIABILITY TO THE UNITED STATES, PURSUANT TO SECTIONS 106 AND 107 OTHE CERCLA, 42 USC, SECTIONS 9606 AND 9607. - UNDER THE TERMS OF THIS CONSENT DECREE, THE SETTLING DEFEN- DANTS AGREE TO ASSUME RESPONSIBILITY FOR IMPLEMENTATION OF THE CLEANUP AND ALL THE LONG-TERM OPERATION AND MAINTENANCE (O&M), EXCLUDING O&M OF THE ALTERNATE WATER SUPPLY, WHICH WILL BE HANDLED BY THE STATE OF WISCONSIN, AT THE MID-STATE DISPOSAL, INC., LANDFILL IN STRATFORD, MARATHON COUNTY, WI. THE REMEDY IS CURRENTLY ESTIMATED TO COST APPROX. $19,000, 000. IN ADDITION, THE SETTLING DEFENDANTS WILL PAY THE USEPA FOR ITS FUTURE COSTS IN OVERSEEING IMPLEMENTATION OF THE REMEDY. - THERE REMAIN TO BE RECOVERED APPROX. $1,250,000 IN PAST COS TS INCURRED BY THE USEPA IN CONNECTION WITH THIS SITE. HOWEVER, THERE ARE VIABLE, NON-SETTLING POTENTIALLY RESPONSI BLE PARTIES (PRPS) WHO WILL BE AGGRESIVELY PURSUED FOR THESE COSTS IN A LATER COST RECOVERY ACTION. THE VALUE OF THIS SETTLEMENT REPRESENTS APPROX. 94% OF THE TOTAL COST OF THE REMEDY. THIS SETTLEMENT IS IN THE UNITED STATES' AND THE PUBLIC'S BEST INTEREST. ENTRY OF THIS CONSENT DECREE WILL ENSURE PROMPT COMMENCEMENT OF THE REMEDIAL ACTION, WHILE FREEING UP OVER $19 MILLION FOR USE AT OTHER SUPERFUND SITES WHERE THERE MIGHT NOT BE FINANCIALLY VIABLE PRPS AVAILABLE TO PERFORM THE WORK.

Defendants (4)

• FELKER BROTHERS CORPORATIONNamed in complaintNamed in settlement
• MID-STATE DISPOSAL, INC.Named in complaintNamed in settlement
• STEEL-KING INDUSTRIESNamed in complaintNamed in settlement
• WEYEHAEUSER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MID STATE DISPOSAL INC ET AL

  STRATFORD SITE, STRATFORD, WI, 54484

  Registry ID: 110009318050

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MID-STATE DISPOSAL, INC.entered 1990-03-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-03-23Enforcement Action Data Entered
• 1989-08-18Referred To Dept Of Justice
• 1989-11-15Complaint Filed With Court
• 1990-03-28Final Order Lodged
• 1990-03-28Final Order Entered
• 1992-11-18Concluded
• 1997-07-07Enforcement Action Closed