EPA v. GTE NORTH INC. (BELVIDERE #1 LANDFILL)

Case summary

THIS REFERRAL REQUESTS THAT THE U.S. FILE A COMPLAINT SEEK ING RECOVERY OF THOSE RESPONES COSTS INCURRED BY USEPA IN RE LATION TO THE BELVIDERE MUNICIPAL #1 LANDFILL SITE WHICH HAV HAVE NOT BEEN REIMBURSED BY THE PARTIES TO THE APRIL 89 CON- SECT DECREE. THE BELVIDERE MUNICIPAL NO. 1 LANDFILL IS LOCATED JUST OUT SIDE THE WESTERN CITY LIMITS OF BELVIDERE, IL (POPULATION 15,176). THE LANDFILL AREA OCCUPIES APPROX. 19 ACRES OF A 139-ACRE PROPERTY OWNED BY THE BOONE COUNTY CONSERVATION DIST. THE SITE IS BORDERED BY THE KISHWAUKEE RIVER TO THE WEST, SPENCER PARK TO THE SOUTH, BY AN ACTIVE GRAVEL PIT TO THE NORTH, AND BY APPLETON ROAD TO THE EAST. THE BELVIDERE LANDFILL WAS OWNED AND OPERATED BY THE CITY OF BELVIDERE FROM 1939 TO 1965 AS A MUNICIPAL LANDFILL. FROM 1965 TO 1973, THE CITY RETAINED OWNERSHIP WHILE ROCK- FORD DISPOSAL, NOW BROWNING-FERRIS INDUSTRIES OF IL, INC. OPERATED THE LANDFILL. DURING THIS TIME PERIOD (1965-1973) INDUSTRIAL WASTES WERE ACCEPTED AT THE LANDFILL. IN LATE 1970, THE CITY OF BELVIDERE APPLIED TO THE IEPA FOR A SOLID WASTE DISPOSAL PERMIT. THE APPLICATION STATED THAT THE WASTE TO BE DEPOSITED AT THE LANDFILL CONSISTED OF APPROX. 52 TONS PER DAY OF DOMESTIC GARBAGE, LANDSCAPE WASTES, PARTIALLY DEWATERED SLUDGE AND DEMOLITION MATERIAL. HOWEVER IN 1971 THE OPERATOR DISCLOSED THAT UP TO 100 TONS WASTE WERE BEING DSPOSITED DAILY. THIS WASTE CONSISTED OF 35 TONS OF RESIDENTIAL WASTE, 30 TONS FROM INDUSTRIAL SOURCES AND 35 TONS FROM COMMERCIAL SOURCES. INSPECTION RE- PORTS BY IEPA PERSONNEL INDICATE THAT SPECIAL WASTES, SOME OF WHICH ARE CURRENTLY CLASSIFIED BY USEPA AS HAZARDOUS, WERE DISPOSED OF IN THE LANDFILL FROM LATE 1970 TO EARLY 1973. IEPA DENIED THE CITY'S PERMIT APPLICATION ON JANUARY 19, 1971 AND THE LANDFILL CEASED OPERATIONS IN 1973. BETWEEN 1975 AND 1982, IEPA REPEATEDLY CITED THE LANDFILL FOR INADEQUATE COVER VIOLATIONS. IN THE SUMMER OF 1979, EX- CAVATIONS FROM THE BORROW AREA SOUTH AND WEST OF THE LAND- FILL WERE APPLIED AS A FINAL COVER. THE COVER CONSISTED OF FINE TO MEDIUM GRAINED SAND AND WAS VEGETATED WITH NATIVE PR PRAIRIE PLANTS. IEPAA COMPILED INFORMATION ON CONTAMINATION AT THE SITE BY COLLECTING AND ANALYZING GROUNDWATER, LEACH- ATE, RIVER WATER, AND POND WATER SAMPLES, AND CONDUCTING A SITE HYDROGEOLOGIC INVESTIGATION. IN DEC. 1982, THE SITE WAS PLACED ON USEPA'S NPL OF ABANDONED OR UNCONTROLLED HAZAR DOUS WASTE SITES ELIGIBLE FOR INVESTIGATION AND CLEANUP UNDER THE SUPERFUND PROGRAM. USEPA AND IEPA INITIATED A RI/FS AT THE SITE IN OCT. 1985. IN 1986, DURING THE COURSE OF THE R/I, 100 ABANDONED DRUMS WERE DISCOVERED ON SITE. AN EMERGENCY REMOVAL ACTION WAS INSTITUTED BASED UPON THE ACTION MEMORANDUM OF ON-SCENE COOR DINATOR STEVEN J. FARYAN. USEPA INITIATED THE REMOVAL ON SEPT. 10, 1986, THE REMOVAL WAS COMPLETED DEC. 9, 1986. THE COST OF THE REMOVAL ACTION WAS $64,174.61. THE RI/FS WAS COMPLETED IN APRIL 1988. ON MAY 18, 1988, USEPA ISSUED A SPECIAL NOTICE LETTER TO NINE POTENTIALLY RE- SPONSIBLE PARTIES. THE SAME PARTIES WERE ISSUED A DEMAND LETTER IN MARCH, 1990 REQUESTING PAYMENT OF USEPA'S UNREIM- BURSED PAST COSTS. USEPA, IEPA AND GROUP OF PRPS NEGOTIATED A CONSENT DECREE UNDER WHICH SIX PRPS AGREED TO PERFORM AND FINANCE THE CLEAN-UP OF THE SITE, TO PAY USEPA'S COSTS OF OVERSEEING THE WORK, AND TO REIMBURSE THE EPA HAZARDOUS SUB- STANCES SUPERFUND $450,000.00 FOR PAST COSTS. IN JANUARY, 1989 A COMPLAINT AND THE CONSENT DECREE WERE FILED IN THE U.S. DIST CT. FOR THE NORTHER DIST. OF ILWD ENTITLED U.S.A. VS. CIY OF BELVIDERE, BELVIDERE CO., BROWN- ING-FERRIS INDUSTRIES OF IL., INC., CAMCAR DIV. OF TEXTRON, INC., CHRYSLER MOTOR CORP., AND COM EDI CO., NO. 89 C 20015. ON APRIL 16, 1989 THE COURT SIGNED

Defendants (2)

• GTE NORTH, INC.Named in complaintNamed in settlement
• MANLEY MOTORSNamed in complaintNamed in settlement

Facilities (1)

• BELVIDERE MUNICIPAL LANDFILL

  APPLETON RD, BELVIDERE, IL, 61008

  Registry ID: 110018079121

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GTE NORTH INC. (BELVIDEREentered 1993-03-23

  Primary law: CERCLA

  Federal penalty: $575,000

Timeline (6 milestones)

• 1990-03-28Referred To Dept Of Justice
• 1990-04-04Enforcement Action Data Entered
• 1990-10-15Complaint Filed With Court
• 1993-03-23Final Order Lodged
• 1993-03-23Final Order Entered
• 1993-03-23Concluded