EPA v. SCHMALZ, GREGORY

Case summary

REFERRAL TO OPTAIN ACCESS TO SITE TO ENABLE U.S. EPA TO COMPLETE RESPONSE ACTIVITIES. CERCLA SECTION 104 (A)(B) & (E) AND, PURSUANT TO CERCLA SECTION 106(A), HAVE COURT ISSUE AN ORDER ENJOINING DEFENDANT FROM DISTURBING WORK DONE ON SITE BY U.S.EPA. CERCLA SECTIONS 104(A), (B), & (E) AND 106(A) REFERRAL SEEKING ACCESS TO SCHMALZ DUMP SIGNED BY REGIONAL ADMINISTRATOR. IMPACT: ON 3/23/90, THE REGIONAL ADMINISTRATOR SIGNED A REFERRAL WHICH SEEKS TO OBTAIN ACCESS FOR THE U.S. EPA TO THE SCHMALZ DUMP NPL SITE IN HARRISON, CALUMET COUNTY, WISCONSIN. THE REFERRAL IS MADE PURSUANT TO THE AUTHORITY OF CERCLA SECTIONS 104(A), (B), AND (E) IN ORDER TO OBTAIN UNFETTERED ACCESS FOR THE U.S. EPA, ITS EMPLOYEES, AND CONTRACTORS (INCLUDING THE U.S. ARMY CORPS OF ENGINEERS) TO COMPLETE RESPONSE ACTIONS AT THE SCHMALZ DUMP. THE REFERRAL ALSO SEEKS A COURT ORDER, PURSUANT TO CERCLA SECTION 106(A), ENJOINING THE DEFENDANT LAND OWNER FROM DIS- TURBING THE WORK TO BE DONE BY THE U.S. EPA. FILING OF A COMPLAINT IN THIS MATTER INDICATES THE U.S. EPA WILL BROOK NO HINDRANCE OF ITS WORK TO ABATE HAZARDS TO HUMAN HEALTH AND THE ENVIRONMENT POSED BY NPL SITES. BACKGROUND: THE SCHMALZ DUMP CONSISTS OF SEVEN ACRES OF WETLANDS PROPERTY TO THE NORTH OF LAKE WINNEBAGO IN WISCONSIN. THROUGHOUT THE 1970S, THE SCHMALZES ATTEMPTED TO FILL IN THEIR WETLANDS PROPERTY WITH A VARIETY OF MUNICIPAL AND INDUSTRIAL WASTE. THE U.S. EPA COMPLETED A REMEDIAL ACTION OF AN OPERABLE UNIT AT THIS SITE IN 1988, WHICH INVOLVED CLEANUP OF A PCB- DEBRIS FILLED POND. THE REMEDIAL ACTION TO BE COMPLETED INVOLVES INSTALLATION OF A SOIL CAP OVER A VAST PORTION OF THE SITE CONTAMINATED WITH CERCLA HAZARDOUS SUBSTANCES, AS WELL AS EXTENSIVE GROUNDWATER MONITORING. DEFENDANT NOT ONLY FAILED TO GRANT THE U.S. EPA ACCESS, HE ALSO SOUGHT TO HINDER IMPLEMENTATION OF THE REMEDIAL ACTION BY ATTEMPTING TO DIRECT THE U.S. EPA TO PERFORM THE REMEDY IN THE AREA ON SITE OTHER THAN THAT DETERMINED NECESSARY BY THE U.S., AND SOUGHT TO BASE HIS GRANT OF ACCESS ON THE UNACCEPTABLE PRE- CONDITION THAT HE COULD DO WITH HIS LAND AS HE SAW FIT (BUILD HOUSES OVER THE SOIL CAP) UPON COMPLETION OF THE REMEDY.

Defendants (1)

• SCHMALZ, GREGORYNamed in complaint

Facilities (1)

• SCHMALZ DUMP

  ROUTE 2 FIRE LANE 1, HARRISON, WI, 54911

  Registry ID: 110009318032

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104E3 — Entry Access

Timeline (5 milestones)

• 1990-03-01Enforcement Action Data Entered
• 1990-03-23Referred To Dept Of Justice
• 1993-10-25Complaint Filed With Court
• 1993-10-25Concluded
• 1993-10-25Enforcement Action Closed