EPA v. OLIN CHEMICAL/BIG D CAMPGROUND

Case summary

BACKGROUND THE BIG D SITE, LOCATED IN KINGSVILLE, OH, WAS A SAND AND GRAVEL QUARRY FROM 1964 TO 1976. TO THE SOUTH OF THE SITE IS A SMALL BLUFF AT THE BOTTOM OF WHICH IS CONNEAUT CREEK. TO THE SOUTHEAST OF THE SITE IS A CAMPGROUND. TO THE WEST OF THE SITE IS OPEN FARMLAND, AND 1/2 MILE TO THE NORTH OF THE SITE IS SWAMPLAND. SOME RESIDENTS WITHIN 1/2 MILE TAP THE AQUIFERS FOR DRINKING WATER WELLS. NO RESIDENTIAL WELLS HAVE BEEN CONTAMINATED TO DATE. BOTH THE LANDFILL AND THE ADJACENT PROPERTY ARE OWNED BY THE DRESLINKI FAMILY. - THE EXCAVATED AREAS OF THE QUARRY WERE SUBSEQUENTLY LAND- FILLED WITH A VARIETY OF WASTES. TRENCHED AREAS WOULD BE FILLED WITH WASTE AND THEN COVERED WITH SOIL. THE LAND- FILLED AREAS WERE APPARENTLY CAPPED WITH A CLAY LAYER AND GRADED IN 1983 BY A PRP. - MOST OF THE WASTE WAS IN DRUMS, BUT SOME BULK TOLUENE DIISOCYNATE (TDI) WAS DISPOSED. IT IS ESTIMATED THAT BE- TWEEN 2500 AND 5000 DRUMS OF HAZARDOUS SUBSTANCES ARE BURIED AT THE SITE. THE DRUMMED HAZARDOUS SUBSTANCES INCLUDE NON- HALOGENTATED AND HALOGENATED SOLVENTS, CAUSTICS AND OILY SUBSTANCES. - THIS PROPOSED COST RECOVERY CASE CONCERNS THE BIG D CAMP- GROUND SITE LOCATED OUTSIDE OF THE CITY OF KINGSVILLE IN ASHTABULA COUNTY, OHIO. THE BIG D CAMPGROUND SITE CONTAINS A FORMER 1.5 ACRE QUARRY USED AS A LANDFILL AND LOCATED IN KINGSVILLE, OH. ABOUT 5000 DRUMS OF HAZARDOUS SUBSTANCES WERE DISPOSED OF IN THE LANDFILL. THESE HAZ SUBSTANCES IN- CLUDE NONHALOGENATED AND HALOGENATED SOLVENTS, CAUSTICS AND OILY SUBSTANCES. OTHER WASTES BELIEVED TO HAVE BEEN DIS- POSED OF AT THE SITE INCLUDE: SPENT PUMP OIL, TDI RESIDUE CONTAMINATED WITH MONOCHLOROBENZENE (MCB) AND CARBON TETRA- CHLORIDE, AND 4 RCRA LISTED HAZARDOUS WASTES (K087, U233, U037, U221). - THE RI, COMPLETED IN JUNE 1989, INDICATES 2 MEDIA ARE CON- TAMINATED. FIRST, IT IS ESTIMATED THAT THERE ARE 29,620 CUBIC YARDS OF CONTAMINATED MATERIALS IN THE SOURCE AREA. SECOND, THERE IS BETWEEN 40 & 70 MILLION GALLONS OF GROUND- WATER CONTAMINATED IN EXCESSS OF A 1 IN A MILLION INCREASED CANCER RISK MIGRATING AWAY FROM THE SITE. - A RECORD OF DECISION CHOOSING A REMEDIATION ALTERNATIVE FOR THE SITE WAS SIGNED BY THE RA ON 9/29/89. OLIN CHEMICAL, THE SOLE PRP WITH THE FINANCIAL RESOURCES, EXPRESSED INTEREST IN DISCUSSING THE RD/RA ACTIVITIES. OLIN INDICATED IT WOULD NOT PROVIDE A GOOD FAITH OFFER IN THE 60 DAY TIME FRAME, BUT INDICATED IT WOULD ABIDE BY A UNILATERAL ORDER TO DO THE WORK. ON 3/27/90, OLIN AND SITE OWNER DRESLINSKI WERE ISSUED UNILATERAL ADMINISTRATIVE ORDERS TO IMPLEMENT THE ROD. SOME PRELIMINARY WORK WAS UNDERTAKEN IN THE 1990 CONSTRUCTION SEASON. WORK PLANS HAVE BEEN RECEIVED AND WORK IS CONTINUING AT THE SITE. - THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS EXPENDED BY THE U.S.EPA IN CLEANING THE BIG D SITE.

Defendants (4)

• GENCORP
• OLIN CHEMICALNamed in complaintNamed in settlement
• BRENKAS CONSTRUCTION CO.
• DRESLINSKI, ANDREW

Facilities (1)

• BIG D CAMPGROUND

  3678 CREEK RD, KINGSVILLE, OH, 44048

  Registry ID: 110009304813

Statutes cited

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

Enforcement conclusions (1)

• OLIN CHEM/BIG D CAMPGROUNDentered 1994-05-04

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-10-01Enforcement Action Data Entered
• 1989-09-28PRN Sent
• 1991-03-29Referred To Dept Of Justice
• 1991-09-03Complaint Filed With Court
• 1994-05-04Final Order Lodged
• 1994-05-04Final Order Entered
• 1994-05-04Concluded
• 1998-02-20Enforcement Action Closed