EPA v. WEST KL AVE. LANDFILL

Case summary

SITE HISTORY AND DESCRIPTION THE WEST KL AVE. LANDFILL SITE IS LOCATED IN KALAMAZOO CNTY, MI. APPROX. 7 MILES WEST OF DOWNTOWN. THE SITE OCCU- PIES APPROX. 87 ACRES AND IS SITUATED WITHIN A RURAL-RESIDEN TIAL AREA. TWO SMALL LAKES, BONNIE CASTLE LAKE, 200FT NE, AND DUSTIN LAKE, ONE MILE EAST OF THE LANDFILL, ARE THE MA- JOR SURFACE WATER BODIES IN THE AREA. IN ADDITION, THE LAND FILL IS SITUATED ATOP 2 AQUIFERS. A SHALLOW AQUIFER IS LOCA TED 20 TO 60 FT BELOW THE SURFACE SEPARATED BY THICK CLAY- RICH TILL FROM A DEEPER AQUIFER. THE WEST KL AVE LANDFILL WAS ORIGINALLY OWNED AND OPERATED BY OSHTEMO TOWNSHIP FROM THE EARLY 1960'S TO 1968 AS THE LO- CATED DUMP. THE SITE WAS OPERATED AS AN OPEN DUMP DURING THIS TIME FRAME. IN MAY 1968, KALAMAZOO CNTY ACQUIRED THE SITE FOR USE AS THE CNTY-WIDE LANDFILL. THE ORIGINAL DUMP WAS ON A 20 ACRE PARCEL. THE CNTY ACQUI RED ADD'L LANDS ON EITHER SIDE OF THE ORGINAL PARCEL TO FORM THE PRESENT 87 ACRE SITE. THE SITE WAS OPERATED BY THE KALA MAZOO CNTY BUREAU OF PUBLIC WORKS (KCBPW) (AND CONTRACTED OUT TO TWO PRIVATE COMPANIES) UNDER LICENSES ISSUED BY THE MICHIGAN DEPT OF NATURAL RESOURCES (MDNR) FROM 1968 THROUGH 1974, AND CONTINUED OPERATION TO MAY 1979 WITHOUT LICENSES. AN ESTIMATED FIVE MILLION CUBIC YARDS OF RESIDENTIAL, COM- MERCIAL AND INDUSTRIAL WASTES, INCLUDING SIGNIFICANT BULK LIQUID AND DRUMMED CHEMICAL WASTES, WERE DISPOSED OF AT THE LANDFILL. THE EXACT DISPOSAL LOCATION OF THESE CHEMICAL WASTES WITHIN THE LANDFILL IS UNKNOWN. RESPONSE ACTIONS IN FEBRUARY 1976, ANALYTICALRESULTS OF GROUNDWATER SAM- PLES COLLECTED FROM RESIDENTIAL WELLS NEAR THE LANDFILL SHOW ED CONTAMINATED IN THE SHALLOW AQUIFER. THE MDNR THEN NOTI- FIED THE CNTY THAT NO FURTHER OPERATING LICENSES WOULD BE GRANTED. THE LANDFILL CONTINUED TO OPERATED INTO 1979 UNDER AN AGREEMENT BETWEEN THE CNTY AND THE MDNR THAT AN ALTERNA- TIVE LANDFILL SITE WOULD BE FOUND. IN NOVEMBER 1978 AND IN JANUARY 1979, GROUNDWATER MONITORING FROM NEARBY RESIDENTIAL WELLS SHOWED MORE SERIOUS GROUNDWATER CONTAMINATION. AS A RESULT, AN EXTENSIVE RESIDENTIAL WATER WELL SAMPLING PROGRAM WAS INITIATED BY THE MDNR AND THE KALAMAZOO CNTY HEALTH DEPT IN APRIL 1979. THE DISCOVERY OF ORGANIC CONTAMINATION IN SE VERAL WELLS CAUSED THE MDNR TO ORDER THE LANDFILL TO CEASE OPERATIONS IN MAY 1979 AND FOR THE CNTY TO PROVIDE AN ALTER- NATIVE WASTE SOURCE TO AFFECTED RESIDENTS AND INSTALL AN IM- PERMEABLE COVER OVER THE LANDFILL. NEGOTIATIONS BETWEEN MDNR AND KCBPW RESULTED IN THE DEVE- LOPMENT OF A CLOSURE PAN THAT WAS IMPLEMENTED BY JULY 1980. CLOSURE ACTIVITIES CONSISTED OF THE INSTALLATION OF A 2 FT CAP OF SOIL AND GRANULAR BENTONITE, INSTALLATION OF SEVERAL GAS VENTS ON THE LANDFILL, AND PROVISION OF SURFACE WATER RUNOFF CONTROL. THE SOIL/BENTONITE MIXTURE WAS APPLIED ONLY ON AREAS OF THE LANDFILL SLOPES WERE LESS THAN 10%. NO BEN- TONIRE WAS APPLIED IN AREAS OF THE LANDFILL WHERE SLOPES EX- CEEDED 10%. RE: CONSENT DECREE REFERRAL

Defendants (1)

• UPJOHNNamed in complaintNamed in settlement

Facilities (1)

• K&L AVENUE LANDFILL

  8606 WEST K L AVE, OSHTEMO, MI, 49077

  Registry ID: 110009292130

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• WEST KL AVE. LANDFILL - AMENDED CDentered 2008-01-07

  Primary law: CERCLA

• UPJOHN/WEST KL LANDFILLentered 1992-11-17

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-12-11Enforcement Action Data Entered
• 1990-02-06PRN Sent
• 1991-09-30Referred To Dept Of Justice
• 1992-09-15Complaint Filed With Court
• 2004-08-10Supplemental Referral-Adding parties, counts
• 2007-08-23Amended Complaint
• 2007-09-21Final Order Lodged
• 2008-01-07Final Order Entered