EPA v. AMWAY CORP. ET AL./BERLIN & FARRO

Case summary

THE BERLIN AND FARRO SUPERFUND SITE IS LOCATED NEAR SWARTZ CREEK, MICHIGAN, AND IS LISTED ON THE NATIONAL PRIORITIES LIST. IN 1985, THE U.S. EPA WORKED WITH YOUR OFFICE TO FILE SUIT, THEN ENTERED A PARTIAL CONSENT DECREE, UNDER CERCLA, WITH 87 DEFENDANTS WHO AGREED TO PERFORM A PARTIAL SURFACE CLEANUP AT THE SITE. SUBSEQUENTLY, IN 1986, A SECOND CON- SENT DECREE WAS ENTERED IN WHICH 78 DEFENDANTS AGREED TO PER FORM A REMEDIAL INVESTIGATION/FEASIBILITY (RI/FS) STUDY AT THE SITE. THE RI/FS REPORT IS NEAR COMPLETION, AND REMEDIAL ACTIVITY AT THE SITE IS EXPECTED TO BEGIN IN 1990. - PRIOR TO ENTRY OF THE CONSENT DECREE, U.S.EPA PERFORMED TWO REMOVAL ACTIVITIES AT THE SITE, AND FUNDED ADDITIONAL RE- SPONSE ACTIVITIES BY THE STATE OF MICHIGAN, UNDER A COOPERA- TIVE AGREEMENT. THESE RESPONSE ACTIVITIES AND THE OVERSIGHT OF THE DEFENDANTS' PARTIAL SURFACE CLEANUP WERE COMPLETED PRIOR TO THE OCTOBER 17, 1986, ENACTMENT OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. 99-499 (SARA). AN ARGUMENT, THEREFORE, EXISTS THAT THE U.S. WILL BE BARRED FROM RECOVERING THESE PRE-SARA COSTS, UNLESS IT FILES A COST-RECOVERY LAWSUIT WITHIN 3 YEARS OF SARA'S ENACT MENT, THAT IS, BY OCTOBER 17, 1989. TO DATE, U.S. EPA HAS EXPENDED MORE THAN $2.54 MILLION IN UNREIMBURSED COSTS AT THE SITE. - U.S.EPA, THEREFORE, REQUESTS THAT A COST-RECOVERY LAWSUIT BE FILED PROMPTLY IN ORDER TO AVOID A POSSIBLE STATUTE OF LIMITATIONS BAR. U.S.EPA ALSO REQUESTS THAT, IN THE INTEREST OF EFFICIENCY, THAT LAWSUIT SEEK TO RECOVER ALL OF U.S.EPA'S UNREIMBURSED PAST COSTS AND, IF POSSIBLE, SEEK DECLARATORY RELIEF WITH RESPECT TO DEFENDANTS' LIABILITY FOR FUTURE COSTS. U.S.EPA REQUESTS THAT THE LAWSUIT BE BROUGHT AGAINST ALL POTENTIALLY RESPONSIBLE PARTIES WHO HAVE NOT ENTERED THE TWO PREVIOUS CONSENT DECREES, AND AGAINST THOSE PARTIES WHO DID SIGN THE DECREES TO THE EXTENT THEY DID NOT RECEIVE A RELEASE FROM LIABILITY FOR U.S.EPA'S COSTS.

Defendants (9)

• BIGELOW-MCFADDEN SEPTIC TANK SYSTEMSNamed in complaintNamed in settlement
• BILL BARR, INC.Named in complaintNamed in settlement
• FL AEROSPACE CORP.Named in complaintNamed in settlement
• LARO COAL & IRON CO.Named in complaintNamed in settlement
• MOTOR OILS REFINING CO.Named in complaintNamed in settlement
• OCCIDENTAL CHEMICAL CORP.Named in complaintNamed in settlement
• UPJOHN CO., INC.Named in complaintNamed in settlement
• ALLIED-SIGNAL, INC.Named in complaintNamed in settlement
• AMWAY CORP.Named in complaintNamed in settlement

Facilities (1)

• BERLIN & FARRO LIQUID INCORPORATED

  8322 SOUTH MOORISH ROAD, SWARTZ CREEK, MI, 48473

  Registry ID: 110003572731

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• BERLIN & FARRO/AMWAYentered 1995-01-17

  Primary law: CERCLA

• BERLIN & FARRO/LARO COAL IRONentered 1995-01-17

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-08-08Referred To Dept Of Justice
• 1989-10-16Complaint Filed With Court
• 1989-10-17Enforcement Action Data Entered
• 1995-01-17Final Order Lodged
• 1995-01-17Final Order Entered
• 1995-01-17Concluded
• 1996-11-12Enforcement Action Closed