EPA v. CONRAIL SITE - ELKHART/PENN CENTRAL

Case summary

THIS PROPOSED COST RECOVERY CASE CONCERNS THE CONRAIL SITE IN ELKHART, INDIANA. THE CONRAIL SITE WAS PROPOSED FOR THE NATIONAL PRIORITIES LIST IN JUNE 1988. U.S. EPA IS CURRENT- LY CONDUCTING A REMEDIAL INVESTIGATION/FEASIBILIYT STUDY OF THE CONRAIL SITE. - FROM JUNE 1986 TO MARCH 1987, U.S. EPA CONDUCTED REMOVAL ACTIVITIES IN RESPONSE TO THE RELEASE AND SUBSTANTIAL THREAT OF RELEASE OF TRICHLOROETHYLENE AND CARBON TETRACHLORIDE FROM THE CONRAIL SITE. U.S. EPA EXPENDED THESE FUNDS DURING A REMOVAL ACTION DESIGNATED AS THE MAIN STREET WELL FIELD REMOVAL ACTION, ELKHART, INDIANA . THE MAIN STREET WELL FIELD REMOVAL ACTION INCLUDED SIX OR SEVEN DISTRICT AREAS OF CONTAMINATION. THE CONRAIL RAIL YARD, ELKHART, INDIANA IS BELIEVED TO BE THE SOURCE OF THE CONTAMINATION IN TWO OF THESE AREAS: THE COUNTY ROAD 1 AND LARUE STREET AREAS OF ELKHART, INDIANA. U.S. EPA RESPONDED TO THE RELEASE BY IN- STALLING WATER FILTRATION SYSTEMS, WATER MAIN CONNECTIONS, AND BY SUPPLYING BOTTLED WATER TO AFFECTED RESIDENTS IN THE COUNTY ROAD 1 AND LARUE STREET AREAS OF ELKHART, IN. - U.S. EPA SEEKS THE RECOVERY OF APPROXIMATELY $350,000 IN PAST COSTS ASSOCIATED WITH THE REMOVAL ACTIVITIES CONDUCTED IN THE COUNTY ROAD 1 AND LARUE STREET AREAS OF ELKHART, INDIANA PURSUANT TO SECTION 107 OF CERCLA, 42 U.S.C. SECTION 9607. U.S. EPAALSO SEEKS A DECLARATORY JUDGMENT ON LIABILI- TY FOR FUTURE COSTS EXPENDED AT THE CONRAIL SITE, PURSUANT TO SECTION 113(G) OF CERCLA. - UNDER A CONSERVATIVE ANALYSIS OF THE LIMITATIONS PERIOD APPLICABLE TO REMOVALS, THE STATUTE OF LIMITATIONS ON THE COUNTY ROAD 1 AREA REMOVAL ACTIVITIES MAY RUN ON FEBRUARY 20, 1990.

Defendants (2)

• CONRAILNamed in complaintNamed in settlement
• PENN CENTRALNamed in complaintNamed in settlement

Facilities (2)

• CONRAIL ELKHART YARD

  2600 WEST LUSHER AVENUE, ELKHART, IN, 46515

  Registry ID: 110002454987

• CONRAIL ELKHART YARD

  2600 WEST LUSHER AVENUE, ELKHART, IN, 46515

  Registry ID: 110002454987

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CONRAIL SITE-ELKHART PENN/CENTentered 1997-03-18

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-05-01Enforcement Action Data Entered
• 1993-06-15Referred To Dept Of Justice
• 1996-07-12Final Order Lodged
• 1996-07-12Complaint Filed With Court
• 1997-03-18Final Order Entered
• 1997-03-18Concluded
• 1997-03-18Enforcement Action Closed