EPA v. BUCKEYE RECLAMATION LNDFL/SHENANGO/CRAVAT COAL

Case summary

THE BUCKEYE RECLAMATION LANDFILL IS LOCATED IN RICHLAND TOWN SHIP, APPROXIMATELY 4 MILES SOUTHEAST OF ST. CLAIRSVILLE AND 1.2 MILES SOUTH OF INTERSTATE 70 IN BELMONT COUNTY, OHIO. DEEP MINING OCCURRED BENEATH THE 658-ACRE SITE UNTIL AROUND 1940. DURING THAT TIME, THE SITE WAS A DISPOSAL AREA FOR MINE SPOILS. MINE SPOIL WAS REMOVED FROM THE MINES AND DIS- POSED OF ON THE RIDGE WEST OF KING'S RUN AND IN THE DRAINAGE RAVINE FOR KING'S RUN. THE AREA WAS LICENSED AS A PUBLIC SANITARY LANDFILL IN 1971 BY THE OHIO DEPARTMENT OF HEALTH AND HAS BEEN OPERATED BY THE CRAVAT COAL COMPANY, UNDER THE NAME OF BUCKEYE RECLAMATION COMPANY, SINCE THAT TIME. AS A PUBLIC LANDFILL APPROXIMATELY 50 ACRES IN SIZE, THE FACILITY ACCEPTS GENERAL TRASH, RUBBISH AND NONHAZARDOUS WASTE FROM MUNICIPALITIES AND VILLAGES IN THE COUNTY AND LOCAL AREA. THE LANDFILL CONTINUES TO OPERATE, ALTHOUGH THE PERMITTED FILL CAPACITY IS SOON TO BE REACHED. THE LANDFILL ALSO ACCEPTED INDUSTRIAL SLUDGES AND LIQUIDS. MOST OF THESE WASTES WERE RECEIVED BETWEEN 1976 AND 1979 AND PLACED IN A WASTE PIT. THE WASTE PIT IS AN IMPOUNDMENT LO- CATED IN THE NORTHERN SECTION OF THE LANDFILL AREA. SOLID HAZARDOUS WASTES (I.E. ASBESTOS, CARBON BLACK) WERE DISPOSED OF WITH MUNICIPAL WASTES ELSEWHERE IN THE LANDFILL. DOCU- MENTATION ALSO EXISTS THAT A COMPANY MIXED HAZARDOUS WASTE MATERIALS INTO SOLID WASTE WHICH WAS DISPOSED OF AT BUCKEYE. OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) LANDFILL INSPEC- TION REPORTS ALSO SPEAK OF UNSPECIFIED INDUSTRIAL WASTE BE- ING DISPOSED OF IN THE SOUTHEASTERN PORTION OF THE LANDFILL. IN 1980, THE WASTE PIT WAS FILLED BY PUSHING SOME OF THE SLUDGE, MINE SPOIL AND OVERBURDEN SOIL INTO THE IMPOUNDMENT. PHOTOGRAPHIC EVIDENCE EXISTS THAT SOME OF THE SLUDGE WAS BURIED IN PLACE ON THE SLOPE OF THE WASTE PIT. THE WASTE PITAREA WAS THEN COVERED WITH SOIL AND GARBAGE AND SEEDED TO GRASSES. A LOW SOIL BERM WAS GRADED IN PLACE UPGRADIENT OF THE WASTE PIT TO ROUTE SURFACE FLOW AROUND THE AREA AND PRE- VENT EROSION. ESTIMATED TOTAL VOLUMES OF INDUSTRIAL WASTES RECEIVED ARE 4.7 MILLION GALLONS OF LIQUID AND 3,300 TONS OF INDUSTRIAL SOLID WASTES.

Defendants (17)

• ARISTECH CHEMICALNamed in settlement
• ASHLAND CHEMICAL COMPANYNamed in settlement
• BENWOOD, WEST VIRGINIA, CITY OFNamed in settlement
• BOARD OF COMMISSIONERS OF BELMONT COUNTY
• CONSOLIDATION COAL COMPANYNamed in settlement
• CRAVAT COAL COMPANY
• EAST, INC.(FORMERLY KOPPERS CO BEAZER)
• FLUSHING, OHIO, VILLAGE OFNamed in settlement
• MEELING BRAKE BLOCK MANUFACTURING COMP
• OHIO RESOURCES CORP.
• SHENANGONamed in settlement
• SKF USA, INC. (FORMERLY SKF INDUSTRIES)Named in settlement
• THE PULLMAN COMPANY, INC.
• TRIANGLE WIRE & CABLE, INC (TRIAGLE PWC)Named in settlement
• USX CORPORATIONNamed in settlement
• WHEELING, WEST VIRGINIA, CITY OFNamed in settlement
• ALLEGHENG LUDLUM STEEL CORPORATIONNamed in settlement

Facilities (1)

• BUCKEYE RECLAMATION

  STATE ROUTE 214 1MI SOUTH OF I-90, SAINT CLAIRSVILLE, OH, 43950

  Registry ID: 110009323491

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (3)

• SHENANGOentered 1995-07-25

  Primary law: CERCLA

• BUCKEYE RECLAMATIONentered 1998-07-24

  Primary law: CERCLA

• BUCKEYE RECLAMATIONentered 1998-03-17

  Primary law: CERCLA

Timeline (6 milestones)

• 1990-01-25Enforcement Action Data Entered
• 1990-05-18PRN Sent
• 1994-04-06Referred To Dept Of Justice
• 1994-08-18Complaint Filed With Court
• 1998-07-24Final Order Lodged
• 1998-07-24Final Order Entered