EPA v. WAYNE RECLAMATION AND RECYLING INC.

Case summary

THE SITE PROPERTY WAS ORIGINALLY OWNED AND FARMED BY THE WIDDIFIELD FAMILY. IN 1953, THE PROPERTY WAS PURCHASED BY TWO PARTIES: DANIEL BROTHERS' MEAT PACKING HOUSE OPERATED A SLAUGHTERHOUSE ON THE SOUTHWEST PORTION OF THE SITE, AND COLUMBIA CITY OPENED A MUNICIPAL LANDFILL IN THE NORTHEAST AREA. THE LANDFILL CLOSED IN 1970. THE CITY SOLD 2.7. ACRES TO HOLMES & CO., A WHOLESALE LUMBER CONCERN, IN 1959, AND IN 1973 DANIEL BROTHERS' SOLD ITS PROPERTY TO FREDERICK SHALLOT, A MANUFACTURER OF HARDWOOD CRADLES AND COMMERCIAL HANDLES. - IN 1975, WAYNE BROCKMAN PURCHASED APPROX. 12 ACRES FROM SHALLOT AND 13.6 ACRES FROM THE CITY AND BEGAN AN OIL RE- CLAMATION AND LIQUID WASTE TREATMENT OPERATION. BROCKMAN, AFTER INCORPORATING WRR, EXPANDED HIS OPERATIONS WHEN HE OBTAINED A LICENSE FROM THE STATE OF INDIANA TO HAUL INDUS- TRIAL LIQUID WASTES IN 1976. THIS LICENSE WAS RENEWED EVERY YEAR THROUGH 1985. AN INVESTIGATION BY THE INDIANA STATE BOARD OF HEALTH IN 1980 REVEALED SIGNES OF ON-SITE DISPOSAL OF HAZARDOUS WASTES, AND FURTHER INVESTIGATION REVEALED THAT WRR HAD FILED FALSE WASTE HAULER REPORTS. WRR CLAIMED TO HAVE DISPOSED OF 250,000 GALLONS OF SLUDGE AT THE WILLIAMS COUNTY LANDFILL IN BRYAN, OHIO FROM FEBRUARY, 1979 THROUGH MAY, 1980; HOWEVER, THE LANDFILL DID NOT RECEIVE ANY WASTE SHIPMENTS FROM WRR DURING THAT PERIOD. IN 1982, WRR SOLD APPROX. 6 ACRES ON THE NORTHERN PORTION OF THE SITE HOLMES. ALSO IN 1982, BROCKMAN AND WRR PLEADED GUILTY TO STATE CHARGES OF ILLEGAL HAZARDOUS WASTE DISPOSAL AND FILING FALSE HAULER REPORTS AND WERE REQUIRED TO PAY A FINE OF $1000 ON EACH COUNT AND FUND A RISK ASSESSMENT AND CLEANUP OF THE SITE. - A RISK ASSESSMENT WAS PERFORMED BY WRR'S CONSULTANT DURING THE PERIOD MARCH 1983 - JUNE 1984. RESULTS FROM TESTING OF SLUDGE SAMPLES IN THE RAVINE AND SOIL SAMPLES FROM CHEMICAL AND OIL SPILL AREAS INDICATED THAT THE METALS AND ORGANIC CHEMICALS FOUND IN THE SAMPLES WERE TOXIC. ADDITIONALLY, A DRAWDOWN TEST REVEALED THAT A HYDRAULIC CONNECTION EXISTS BETWEEN THE UPPER AND LOWER AQUIFER AND THAT PUMPING BEYOND A CERTAIN LEVEL AT THE CITY WELL REVERSES THE NATURAL FLOW OF GROUNDWATER AND DRAWS CONTAMINANTS TOWARD THE WELL. IN FEBRUARY 1985, THE INDIANA DEPT. OF ENVIRONMENTAL MGT.(IDEM) REJECTED WRR'S CLEANUP PLAN AS INADEQUATE, AND REQUESTED A FEDERAL LEAD PROJECT. THE SITE WAS LISTED ON THE NPL IN DECEMBER 1982. WRR CONTINUED TO PERFORM OIL RECLAMATION OPERATIONS IN VERTICAL TANKS SITUATED IN THE SOUTHWESTERN REGION OF THE SITE, IN WHAT IS REFERRED TO AS THE BROCKMAN AREA, UNTIL JANUARY 1989. THE BUSINESS CLOSED DOWN ONLY AFTER 11 GENERATORS PRPS FILED SUIT AGAINST IT. - THE EPA AND APPROX. 100 PRPS ENTERED INTO AN ADMINISTRATIVE ORDER BY CONSENT DATED JULY 10, 1986, WHEREBY THE PRPS AGREED TO CONDUCT A REMOVAL ACTION AT THE SITE. THIS ACTION WAS TO INCLUDE INSTALLATION OF FENCING AND WARNING SIGNS AROUND THE SITE, SAMPLING, TESTING AND REMOVING DRUMS, LIQUIDS, SLUDGE AND CONTAMINATED SOIL, DISPOSING OF SUCH MATERIALS AND MONITORING GROUNDWATER. BECAUSE THIS WORK WAS NOT SATISFACTORILY COMPLETED, A UNILATERAL ADMINISTRATIVE ORDER WAS ISSUED ON FEBRUARY 17, 1988 (MODIFIED ON MARCH 29, 1988 AND MAY 23, 1988) AGAINST WRR AND THE 4 PRPS WHO HAD SENT THE GREATEST VOLUME OF HAZARDOUS WASTES TO THE SITE, REQUIRING THEM TO COMPLETE THE REMOVAL. REMOVAL ACTIVITIES UNDER THAT ORDER INCLUDED EXCAVATION AND DISPOSAL OF CONTAMI NATED SOIL; REMOVAL AND DISPOSAL OF AN ADDITIONAL 125 DRUMS; REMOVAL AND DISPOSAL OF THE CONTENTS OF 23 HORIZONTAL TANKS; FENCING OF THE OIL DECANTING PIT ,

Defendants (9)

• 888 DEMINIMIS PRPSNamed in complaintNamed in settlement
• ACTIVE PRODUCTS, INC.Named in complaintNamed in settlement
• GRIPCO FASTENERSNamed in complaintNamed in settlement
• R.R. DONNELLEY & SONS COMPANYNamed in complaintNamed in settlement
• RIEKE CORPORATIONNamed in complaintNamed in settlement
• STANADYNE, INC.
• STATE OF INDIANA V. HOLMES & CO., INC.Named in settlement
• UNIVERSAL TOOL & STAMPING CO., INC.Named in complaintNamed in settlement
• WAYNE RECLAMATION AND RECYCLING INC.Named in complaintNamed in settlement

Facilities (1)

• WAYNE RECLAMATION AND RECYCLING INC

  DANIEL DR, COLUMBIA CITY, IN, 46725

  Registry ID: 110007566909

Statutes cited

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

Enforcement conclusions (3)

• ACTIVE PRODUCTSentered 1992-07-20

  Primary law: CERCLA

• STATE OF INDIANA V. HOLMES & CO., INC.entered 2001-08-09

  Primary law: CERCLA

• A.H. CHOITZ, ET AL.entered 1997-12-22

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-10-16Enforcement Action Data Entered
• 1990-01-08PRN Sent
• 1991-09-13Referred To Dept Of Justice
• 1991-10-31Complaint Filed With Court
• 2001-05-23Final Order Lodged
• 2001-08-09Final Order Entered