EPA v. NORTHSIDE SANITARY LANDFILL, INC.

Case summary

NORTHSIDE SANITARY LANDFILL (NSL) IS AN NPL FACILITY LOCA- TED NEAR ZIONSVILLE, IN BOONE COUNTY, IN. ON SEPTEMBER 25, 1987 THE RA SIGNED A RECORD OF DECISION (ROD) WHICH SELECTED A PERMANENT COMBINED REMEDY FOR NSL AND ENVIROCHEM OR ECC, ANOTHER NPL SITE ADJACENT TO NSL. IT IS ANTICIPATED THAT SE PARATE REMEDIES FOR THE TWO SITES WILL BE IMPLEMENTED BY DIS TRICT PRP GROUPS PURSUANT TO AMENDED RODS. SEPARATE CONSENT DECREES WHICH ADDRESS THE RESPONSIBILITIES FOR IMPLEMENTA- TION OF THE REMEDIES AND PAYMENT FOR A PORTION OF PAST GOV'T COSTS AT EACH FACILITY HAVE BEEN OR WILL SOON BE, REFERRED TO DOJ. NONE OF THE ALLEGED OWNERS OR OPERATORS SIGNED EITHER CONSENT DECREE. APPROXIMATELY FORTY FIVE GENERATORS / TRANSPORTERS IDENTIFIED AS POTENTIALLY RESPONSIBLE PARTIES (PRPS) FAILED TO JOIN THE SETTLEMENT SET OUT IN THE NSL CON- SENT DECREE. THE CONSENT DECREE REQUIRES THE SETTLING DEFEN DANTS TO PERFORM THE REMEDIAL ACTION CHOSEN IN THE AMENDED ROD AND WAIVES THE U.S. CLAIM AGAINST THEM FOR APPROXIMATELY TWO MILLION DOLLARS IN PAST COSTS INCURRED BY EPA AT THE FACILITY. (A SETTLEMENT EVALUATION AND THE PROPOSED CONSENT DECREE ARE BEING FORWARDED CONTEMPORANEOUSLY WITH THIS REFER RAL). EPA PROPOSES TO FILE SUIT AGAINST ALL ALLEGED OWNERS AND OPERATORS, AS WELL AS AGAINST A SELECT GROUP OF NON SETTLING GENERATORS AND TRANSPORTERS, TO RECOVER THE REMAINING RE- SPONSE COSTS. THE DECISION NOT TO NAME ALL POSSIBLE GENERA- TOR/TRANSPORTORS IS A FUNCTION OF EVIDENTIARY AND FINANCIAL VIABILITY CONSIDERATIONS AND WILL MAKE THE LAWSUIT MORE MAN- AGEABLE. THOSE PARTIES WHO ARE NAMED AS DEFENDANTS WOULD NOT BE TREATED UNFAIRLY SINCE THEY RETAIN THE ABILITY TO BRING OTHER UNNAMED PARTIES INTO THE LITIGATION AS THIRD PARTY DEFENDANTS, OR ALTERNATIVELY, MAY LATER BRING A CONTRI BUTION ACTION AGAINST THOSE PARTIES. USEPA BELIEVES THAT THIS APPROACH IS THE MOST EFFECTIVE USE OF AGENCY AND DEPT OF JUSTICE RESOURCES. IN ADDITION, EPA SEEKS CERTAIN EQUITABLE RELIEF PURSUANT TO SECT 106 OF CERCLA AGAINST THE OWNER AND OPERATOR DEFEN- DANTS, IN ORDER THAT THE SETTLING DEFENDANTS MAY IMPLEMENT THE REMEDY REQUIRED BY THE AMENDED ROD.

Defendants (2)

• ALCONamed in complaintNamed in settlement
• BANKERTNamed in settlement

Facilities (1)

• NORTHSIDE SANITARY LANDFILL INC

  985 SOUTH STATE ROAD 421, ZIONSVILLE, IN, 46077

  Registry ID: 110042064903

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• NORTHSIDE SANITARY LDFLentered 1991-11-12

  Primary law: CERCLA

• BANKERT, ET AL.entered 1997-09-16

  Primary law: CERCLA

Timeline (5 milestones)

• 1990-03-29Referred To Dept Of Justice
• 1990-03-29Enforcement Action Data Entered
• 1991-05-30Complaint Filed With Court
• 1991-11-12Final Order Lodged
• 1997-09-16Final Order Entered