EPA v. BASF CORP. - RASMUSSEN DUMP SITE

Case summary

THE RASMUSSEN DUMP SITE IS SCHEDULED FOR A RECORD OF DECI- SION IN SEPT, 1989. THE REPORT IS INTENDED TO FACILITATE REMEDIAL DESIGN/REMEDIAL ACTION NEGOTIATIONS WHICH HAVE BEEN ONGOING SINCE THE ISSUANCE OF THE GENERAL NOTICE LETTER ON 9/27/88. THE RASMUSSEN DUMP SITE IS LOCATED ON SPICER ROAD IN GREEN OAK TOWNSHIP, LIVINGSTON CTY, MICHIGAN. THE OWNERS OF RE- CORD OF THE 33-ACRE SITE ARE CLARA C. RASMUSSEN AND GLORIA F. RASMUSSEN. THE FACILITY RECEIVED DOMESTIC AND INDUSTRIAL SOLID AND LIQUID WASTES DURING THE 1960'S AND EARLY 1970'S. IN A SITE INVESTIGATION CONDUCTED ON 12/19/83, IT WAS ESTI- MATED THAT THERE WERE APPROX. 3,000 RUSTED, BURNED, CRUSHED, AND LEAKING DRUMS ON THE SITE, HAPHAZARDLY GROUPED INTO 2 LARGE JUMBLED PILES. - BECAUSE OF THE ENVIRONMENTAL THREAT POSED BY THE HAZARDOUS SUBSTANCES DISPOSED OF AT THE SITE, THE RASMUSSEN DUMP SITE PLACED ON THE NPL BY PUBLICATION IN THE FED. REG. ON 8/8/83. IMMEDIATE REMOVAL ACTION WAS CONDUCTED AT THE SITE IN LATE 1984 AND EARLY 1985. FOLLOWING THIS, USEPA AND THE STATE OF MICHIGAN ENTERED INTO A COOPERATIVE AGREEMENT, AND IN JUNE OF 1984, THE MDNR COMMENCED A RI/FS AT THE SITE. THE RI WAS RELEASED TO THE PUBLIC IN 10/88, AND THE FINAL DRAFT FS IS EXPECTED TO BE RELEASED IN 8/89 FOR PUBLICE COMMENT. - BASED ON THE INFORMATION GATHERED DURING THE INVESTIGATION CONDUCTED BY MDNR AND EPA PRIOR TO 5/8/84, THE CONDITIONS AT THE SITE WERE FOUND TO MEET THE CRITERIA LISTED IN THE NCP, 40 CFR SECTION 300.65, FOR PERFORMING AN IMMEDIATE REMOVAL ACTION. SIGNIFICANT RISKS INCLUDED A FIRE OR EXPLOSION HAZARD, A THREAT OF DIRECT CONTACT WITH HAZARDOUS SUBSTANCES AND THE POSSIBILITY OF GROUNDWATER CONTAMINATION. - THE USEPA BEGAN THE IMMEDIATE REMOVAL RESPONSE ACTION AT THE SITE 10/31/84, USING SUPERFUND MONIE. DURING THE RESPONSE, USEPA CONTRACTORS CONSTRUCTED AN ACCESS ROAD, STAGED DRUM FOR SAMPLING, SAMPLED AND ANALYZED WASTE AND REMOVED WASTE TO AN APPROVED HAZARDOUS WASTE LANDFILL. THIS RESPONSE ACTION ENDED ON 1/11/85. COST RECOVERY ACTION FOR 1ST IMMEDIATE REMOVAL ON 11/18/87, AND AGAIN ON 1/7/88, DEMANDS FOR PAYMENT FOR THE REMOVAL COSTS INCURRED AT THE SITE, WERE SENT TO THE PRPS IDENTIFIED FOR THE SITE. USEPA DEMANDED $589,482.30 PLUS INTEREST, TOGETHER WITH ANY SUMS EXPENDED THEREAFTER BY THE AGENCY IN CONNECTION WITH THE SITE. THE PARTIES TO WHOM THE DEMAND LETTERS WERE SENT DECLINED TO REIMBURSE THE FUND FOR THE SITE EXPENDITURES. IN ORDER TO PREVENT ANY POSSIBLE ARGUMENT THAT THE STATUTE OF LIMITATIONS HAD RUN, THE U.S. FILED AN ACTION ON 1/8/88, PURSUANT TO SECTION 107 OF CERCLA IN THE DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN TO RECOVER PAST COSTS IN- CURRED IN ITS 1984-85 IMMEDIATE REMOVAL ACTION AT THE RASMUSSEN SITE. THIS COMPLAINT ALSO INCLUDED A CLAIM FOR DECLARATORY JUDGMENT FOR FUTURE RESPONSE COSTS INCURRED BY THE U.S. AT THE SITE. THIS CASE WAS RESOLVED WITH THE USEPA RECOVERING ALL OF ITS COSTS THROUGH SETTLEMENT WITH FOUR OF THE EIGHT DEFENDANTS ORIGINALLY NAMED IN THE CASE. RE: 12/31/91 REFERRAL IN DECEMBER OF 1988, IT WAS DETERMINED THAT ANOTHER REMO- VAL ACTION WOULD EXPEDITE BOTH CLEAN-UP OF THE SITE AND THE DEVELOPMENT OF SITE-WIDE ALTERNATIVES FOR THE FEASIBILITY STUDY. ON DECEMBER 21, 1988, A DRA FY2021 - a modification was signed to lower the original FA value from this CD from 10 million to 700k. Signed by Superfund Division Director Doug Ballotti, on 11/23/2020

Defendants (10)

• BASF CORP.Named in complaintNamed in settlement
• CHRYSLER CORP.Named in complaintNamed in settlement
• DETREX CORP.Named in complaintNamed in settlement
• FORD MOTOR CO.Named in complaintNamed in settlement
• GM CORP.Named in complaintNamed in settlement
• HOECHST CELANESE CORP.Named in complaintNamed in settlement
• JOHNSON CONTROLS, INC.Named in complaintNamed in settlement
• KELSEY-HAYES CO.Named in complaintNamed in settlement
• NAT'L STEEL CORP.Named in complaintNamed in settlement
• TRW, INC.Named in complaintNamed in settlement

Facilities (1)

• RASMUSSEN SITE CHEM WSTE MGT

  9040 SPICER RD, BRIGHTON, MI, 48116

  Registry ID: 110009292158

Statutes cited

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

Enforcement conclusions (2)

• BASF CORPORATIONentered 1992-04-30

  Primary law: CERCLA

• BASF CORP. - RASMUSSEN DUMP SITEentered 2021-01-12

  Primary law: CERCLA

Timeline (6 milestones)

• 1987-09-08Enforcement Action Data Entered
• 1989-08-31PRN Sent
• 1991-12-31Referred To Dept Of Justice
• 1992-02-14Complaint Filed With Court
• 2020-11-25Final Order Lodged
• 2021-01-12Final Order Entered