EPA v. AGRICO CHEMICAL CO. / FOREST WASTE DISPOSAL SITE

Case summary

THIS REFERRAL REQUESTS THAT A COMPLAINT BE FILED AGAINST POTENTIALLY RESPONSIBLE PARTIES AT THE FOREST WASTE DISPOSAL SITE PURSUANT TO SECT 107A OF CERCLA. ON MARCH 28, 1990, THE RA REFERRED A COST RECOVERY CASE RE QUESTING THAT A COMPLAINT BE FILED AGAINST 18 PRP AT THE FO- REST WASTE DISPOSAL SITE PURSUANT TO SECT 107A OF CERCLA. LOCATED NEAR OTISVILLE, MICHIGAN, THE FOREST WASTE DISPOS- AL SITE WAS PLACED ON THE NPL IN 1982. THE USEPA COMPLETED A R/I IN AUGUST 1987, A PHASED FEASIBILITY IN APRIL 1986, A AND THE FULL SITE F/S IN JANUARY 1988. THREE RECORDS OF DE- CISIONS (RODS) HAVE BEEN SIGNED FOR THIS SITE: AN INITIAL RE MEDIAL MEASURE ROD FOR THE INSTALLATION OF A FENCE SIGNED IN AUGUST 1984; AN OPERABLE UNIT ROD FOR THE LAGOONS SIGNED IN JUNE 1986; AND A ROD FOR THE LANDFILL AND GROUNDWATER SIGNED IN MARCH 1988. IN MARCH 1984, USEPA ISSUED A UNILATERAL OR- DER TO THE OWNER OF THE LANDFILL FOR INSTALLATION OF A FENCE THAT THE OWNER DID NOT COMPLY WITH. IN JUNE 1988, USEPA IS- SUED A UNILATERAL ORDER TO A GROUP OF PRPS FOR IMPLEMENTA- TION OF THE LAGOON OPERABLE UNIT THAT SOME PRPS COMPLIED WITH. AS OF DECEMBER 31, 1989, THE USEPA HAS INCURRED 2,948 ,551.85 IN UNREIMBURSED COSTS REGARDING THE SITE. USEPA REFERRED THIS COST RECOVERY LAWSUIT TO SECURE ALL OF USEPA'S UNREIMBURSED PAST COSTS. WE ARE ALSO SEEKING A DE- CLARATORY JUDGMENT ON LIABILITY FOR ANY FUTURE COSTS EXPEND- ED AT THE FOREST WASTE PRODUCTS SITE.

Defendants (14)

• ELJER MANUFACTURINGNamed in complaintNamed in settlement
• ALLIED SIGNALNamed in complaintNamed in settlement
• BROWNING FERRIS INDUSTRIES CHEM. SERVICENamed in complaintNamed in settlement
• BROWNING FERRIS INDUSTRIES OF MICHIGANNamed in complaintNamed in settlement
• BROWNING FERRIS INDUSTRIES OF OHIONamed in complaintNamed in settlement
• CHRYSLER CORPORATIONNamed in complaintNamed in settlement
• FORD MOTOR COMPANYNamed in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• GRIMES AEROSPACENamed in complaintNamed in settlement
• NL INDUSTRIESNamed in complaintNamed in settlement
• RICHLAND DISPOSAL INC.Named in complaintNamed in settlement
• SCOTTSMAN GROUPNamed in complaintNamed in settlement
• WACKER SILICONES CORPORATIONNamed in complaintNamed in settlement
• AGRICO CHEMICAL CO.Named in complaintNamed in settlement

Facilities (1)

• FOREST WASTE PRODUCTS

  8359 E FARRAND RD, OTISVILLE, MI, 48463

  Registry ID: 110009292238

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AGRICO CHEMICAL CO., ET ALentered 1995-02-14

  Primary law: CERCLA

Timeline (9 milestones)

• 1990-03-01Enforcement Action Data Entered
• 1990-03-28Referred To Dept Of Justice
• 1990-08-12Returned To Region
• 1990-09-25Rereferred
• 1993-05-04Complaint Filed With Court
• 1995-02-14Final Order Lodged
• 1995-02-14Final Order Entered
• 1995-02-14Concluded
• 1996-04-03Enforcement Action Closed