EPA v. G & H LANDFILL (BROWNING-FERRIS CD)

Case summary

THE PRE-REFERRAL LITIGATION REPORT PREPARED IN ANTICIPATION OF THE COMMENCEMENT OF RD/RA NEGOTIATIONS RELATED TO THE G&H LANDFILL SITE, WHICH IS LOCATED AT UTICA, MI. THIS REPORT IS INTENDED TO SUPPLEMENT THE COST RECOVERY REFERRAL FORWARDED TO THE DEPARTMENT OF JUSTICE ON 9/13/89. THE ORIGINAL LITIGATION REPORT IS NOT INTENDED TO BE SUPERSEDED BY THE ENCLOSED REPORT. RATHER, THE TWO REPORTS SHOULD BE READ IN CONJUCTION WITH EACH OTHER TO OBTAIN THE FULL FACTUAL HISTORY OF THE CASE. THIS IS TO AVOID DUPLICATIVE EFFORTS ON THE PART OF THE REGION. - THE ORIGINAL REFERRAL WAS COMPLETED DUE TO STATUTE OF LIMITA TION CONCERNS REGARDING THE RUNNING ON THE FIRST 2 REMOVAL ACTIONS PERFORMED PRIOR TO THE PASSING OF SARA ON 10/17/89. FURTHER, A STATUTE OF LIMITATIONS CONCERN EXISTED ON THE 3RD REMOVAL ACTION AS IT HAD BEEN COMPLETED 10/22/86. - ON 01/26/90, DOJ RETURNED THE CASE TO U.S.EPA REGION V DUE TO A TOLLING AGREEMENT IN WHICH 4 MAJOR POTENTIALLY RESPONSI BLE PARTIES(PRPS) AGREED THAT THE TIME BETWEEN 10/01/89 AND 03/31/91, WOULD NOT BE INCLUDED IN COMPUTING AND RUNNING OF THE STATUTE OF LIMITATIONS REGARDING ANY U.S. CAUSE OF ACTION. THE 4 PARTIES WHO SIGNED THIS AGREEMENT WERE FORD, CHRYSLER, TRW, AND GENERAL OIL. - THE DEPARTMENT OF JUSTICE NOTED THAT IT WOULD CONTINUE TO MAINTAIN THE ACTUAL PACKAGE IN ITS FILES, STATING THAT WHEN THE REGION DESIRES TO REACTIVATE THE REFERRAL, THE U.S. EPA REGION V SHOULD NOTICE THE DEPARTMENT OF JUSTICE. ALTHOUGH U.S. EPA DOES NOT YET WISH TO RE-REFER THE COST RECOVERY ACTION, U.S. EPA, BY THIS LETTER, REQUESTS TO REACTIVATE THE CASE SENT TO THE DEPARTMENT OF JUSTICE ON 9/13/89. THE SETTLEMENT(S) ULTIMATELY REACHED IN THIS CASE, HOWEVER, INCLUDED A AN RD/RA CONSENT DECREE WITH MOST PRPS UNDER 122/106/107 OF CERCLA, AND A COST RECOVERY CONSENT DECREE LATER NEGOTIATED WITH 2 REMAINING PRPS. THIS RECORD TRACKS THE RD/RA SETTLEMENT. THE COST RECOVERY SETTLEMENT WITH PPG AND REICHHOLD IS LISTED UNDER A DIFFERENT RECORD. OTHER DOCKET RECORDS RELATED TO THE SITE INCLUDE 05-87-0412 (FORSTER ESTATE), 05-92-0264 (PPG AND REICHHOLD CD).

Defendants (13)

• WARNER-LAMBERT COMPANYNamed in complaintNamed in settlement
• CHRYSLER CORPORATIONNamed in complaintNamed in settlement
• FORD MOTOR COMPANYNamed in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• MINNESOTA MINING AND MANUFACTURING COMPANamed in complaintNamed in settlement
• SHERWIN-WILLIAMS COMPANYNamed in complaintNamed in settlement
• THE UNIROYAL GOODRICH TIRE COMPANYNamed in complaintNamed in settlement
• TRW, INCNamed in complaintNamed in settlement
• UNISYS CORPORATIONNamed in complaintNamed in settlement
• BFI OF NORTH METRO, INC.Named in complaintNamed in settlement
• BROWNING FERRIS INDUSTRIES, INC.Named in complaintNamed in settlement
• BROWNING-FERRIS INDUSTRIES OF MICHIGAN,Named in complaintNamed in settlement
• CADBURY BEVERAGES, INC.Named in complaintNamed in settlement

Facilities (1)

• G & H IND LANDFILL SUPERFUND SITE

  3160 23 MILE RD, SHELBY TWP, MI, 48316

  Registry ID: 110009292069

Statutes cited

• CERCLA 122 — Superfund

Enforcement conclusions (1)

• G & H LANDFILL (BROWNING-entered 1993-06-30

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-09-28Enforcement Action Data Entered
• 1990-09-28PRN Sent
• 1992-06-30Referred To Dept Of Justice
• 1992-09-11Complaint Filed With Court
• 1993-06-30Concluded
• 1993-06-30Final Order Lodged
• 1993-06-30Final Order Entered
• 2013-05-17Supplemental Referral to DOJ for Consent Decree Enforcement-Sent