EPA v. KENTWOOD, CITY OF

Case summary

THE KENTWOOD LANDFILL IS A 72-ACRE SITE LOCATED IN THE CITY OF KENTWOOD, KENT COUNTY, MICHIGAN. THE LANDFILL HAS RECEIV- ED MUNICIPAL WASTE IN ADDITION TO INDUSTRIAL WASTE. PARIS TOWNSHIP WHICH LATER BECAME THE CITY OF KENTWOOD, OPERATED THE ORIGINAL 52-ACRE SITE AS AN OPEN DUMP FROM 1958 THROUGH 1967. RESIDENTS OF PARIS TOWNSHIP, INCLUDING INDUSTRY, COULD CARRY IN THEIR OWN WASTE TO THE LANDFILL AT NO CHARGE. COMMERCIAL HAULERS WERE REQUIRED TOP OBTAIN A LICENSE TO USE THE OPEN DUMP. THE DUMP WAS OPERATED BY PLACING REFUSE INTO RAVINES AND BURNING THE WASTE. IN 1966, THE MICHIGAN DEPARTMENT OF PUBLIC HEALTH (MDPH) LICENSED THE SITE AS A SOLID WASTE DISPOSAL AREA, STIPULAT- ING THE DAILY COVER OF REFUSE AND THAT BURNING OF THE REFUSE BE DISCONTINUED. IN JANUARY 1968, THE MDPH TRANSFERRED THE LICENSE TO THE CITY OF KENTWOOD. THIS LICENSE REQUIRED THE SITE TO BE OPERATED AS A SANITARY LANDFILL OR CLOSURE BY MAY 31, 1968. THE SITE REMAINED AN OPEN DUMP AND THE REFUSE CON- TINUED TO BE BURNED AT LEAST UNTIL 1969. THE KENT COUNTY HEALTH DEPT (KCHD) NOTIFIED THE CITY OF VIOLATIONS OF STATE OF MICHIGAN LAWS IN NOVEMBER 1969. IN JUNE 1970, THE CITY OF KENTWOOD SENT A LETTER THE KCDH INDICATING THAT THE DUMP WOULD BE CLOSED TO ALL HAULERS ON JUNE 27, 1970. IN 1971, THE KENT COUNTY DEPARTMENT OF PUBLIC WORKS (KCDPW) TOOK OVER THE OPERATION OF THE LANDFILL AND OBTAINED A LICENSE FROM THE MDPH WITH A PROVISION THAT LIQUID WASTES NOT BE ACCEPTED. KENT COUNTY DESIGNED AN ENGINEERED LANDFILL AND THE FACILITY UNDERWENT A GRADUAL DEVELOPMENT. LEACHATE BREAKDOWNS FROM THE LANDFILL HAVE OCCURED ON NUMEROUS OCCASIONS SINCE 1971. THERE WAS ALSO EROSION OF THE LANDFILL SURFACE AND FILL EMBANKMENTS. THE KCDPW WAS ISSUED A LICENSE TO OPERATE A LANDFILL ON A 20-ACRE SOUTHERN EXTENSION OF THE ORIGINAL SITE. A LEACHATE COLLECTION SYSTEM WAS INSTALLED ON PARTS OF THE LANDFILL DURING 1971 TO 1976. A CAP WAS INSTALLED IN 1975 AND 1976. THE LANDFILL WAS COMPLETELY CLOSED IN MAY 1976. THE LEACHATE COLLECTION SYSTEM WAS EXPANDED IN 1982. THE SITE WAS PROPOSED TO BE INCLUDED IN THE NATIONAL PRIORITY LIST (NPL) IN FEBRUARY 1982. THE SITE WAS PLACED ON THE NPL IN SEPTEMBER 1983. THE SITE IS CURRENTLY RANKED ON THE NPL AS 524TH OUT OF 1177 SITES. AN ADMINISTRATIVE ORDER BY CONSENT WAS SIGNED BY THE CITY OF KENTWOOD, KENT COUNTY AND THE REGIONAL ADMINISTRATOR ON DECEMBER 13, 1985. IN THIS CONSENT ORDER THE PRPS AGREED TO CONDUCT THE RI/FS.

Defendants (2)

• KENT COUNTYNamed in complaintNamed in settlement
• KENTWOOD, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• KENTWOOD LANDFILL

  4900 WALMA AVENUE, KENTWOOD, MI, 49508

  Registry ID: 110055508874

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• KENTWOOD, CITY OF AND KENT COentered 1991-12-11

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-12-01Enforcement Action Data Entered
• 1990-08-31PRN Sent
• 1991-08-28Referred To Dept Of Justice
• 1991-09-26Complaint Filed With Court
• 1991-12-11Final Order Lodged
• 1991-12-11Final Order Entered
• 1991-12-11Concluded