EPA v. E.I. DUPONT DE NEMOURS

Case summary

- CONSEQUENTLY, WE SEEK THE FILING OF A COMPLAINT WHICH SEEKS JUDGEMENT AGAINST THE DEFENDANTS FOR ALL RESPONSE COSTS IN- CURRED, AND A DECLARATORY JUDGEMENT ON LIABILITY FOR RE- SPONSE COSTS OR DAMAGES WHICH MAY BE INCURRED BY THE UNITED STATES. - IT SHOULD ALSO BE NOTED THAT ON JUNE 30, 1989, A UNILATERAL ORDER PURSUANT TO SECTION 106 WAS ISSUED TO THE FOUR DEFEND- ANTS. THE DEFENDANTS HAVE FAILED TO COMPLY WITH THE ORDER'S TERMS. WE ARE NOT, HOWEVER, SEEKING ENFORCEMENT OF THIS ORDER OR TREBLE DAMAGES AT THIS TIME FOR REASONS SET FORTH HEREIN. THE BOWERS LANDFILL SITE IS LOCATED IN PICKAWAY COUNTY, 2 MILES NORTH OF THE CITY OF CIRCLEVILLE, OH. BETWEEN 1958 AND 1969, THE SITE WAS OPERATED AS A LANDFILL. DURING THE YEARS OF 1963 TO 1969, HAZARDOUS SUBSTANCES IN THE FORM OF CHEMICAL AND SOLID WASTES WERE DISPOSED OF AT THE SITE. THESE SUBSTANCES ULTIMATELY WERE RELEASED INTO THE SURFACE WATER, GROUNDWATER, AND SOIL. - SINCE 1980, THE OHIO EPA AND THE U.S. EPA HAVE WORKED TO INVESTIGATE AND EVALUATE THE TYPE AND EXTENT OF CONTAMINA- TION. U.S.EPA HAS INCURRED COSTS ASSOCIATED WITH SCORING THE SITE FOR INCLUSION ON THE NATIONAL PRIORITIES LIST, NEGOTIATING WITH THE POTENTIALLY RESPONSIBLE PARTIES FOR THE PERFORMANCE OF THE REMEDIAL INVESTIGATION AND FEASIBILI- TY STUDY AND THE REMEDIAL DESIGN AND REMEDIAL ACTION WORK. ADDITIONALLY, U.S. EPA STAFF HAS OVERSEEN THE PERFORMANCE OF THE RI/FS, AND HAS BEGUN STUDIES PRELIMINARY TO THE PERFOR- MANCE OF THE REMEDIAL DESIGN AND REMEDIAL ACTION WORK.

Defendants (7)

• BOWERS, JOHN - ESTATE OF
• E.I. DUPONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement
• ELLEN BOWERS, EXEC. OF THE ESTATE/ JOHN
• GENERAL ELECTRIX COMPANY
• GEORGIA - PACIFIC CORPORTION
• METS, LARRY DISMISSED
• PPG INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• BOWERS LANDFILL

  ROCK ISLAND ROAD, CIRCLEVILLE, OH, 43113

  Registry ID: 110009304485

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• E.I. DUPONT DE NEM/BOWERS LNDFentered 1993-12-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-01-15Enforcement Action Data Entered
• 1990-03-28Referred To Dept Of Justice
• 1991-09-10Complaint Filed With Court
• 1993-12-14Final Order Lodged
• 1993-12-14Final Order Entered
• 1993-12-14Concluded
• 1998-08-20Enforcement Action Closed