EPA v. LEMBERGER LANDFILL

Case summary

THE LEMBERGER LANDFILL, INC. & LEMBERGER TRANSPORT AND RECY- CLING FACILITIES OPERATED AS DISPOSAL FACILITIES NEAR THE VILLAGE OF WHITELAW IN FRANKLIN TOWNSHIP, MANITOWOC COUNTY, WISCONSIN. THE 2 FORMER LANDFILLS ARE LOCATED WITHIN 1 QUARTER MILE OF EACH OTHER. THE LEMBERGER LANDFILL (LL) FACILITY OCCUPIES APPROX. 21 ACRES; THE LEMBERGER TRANSPORT & RECYCLING (LTR) FACILITY IS LOCATED SOUTH OF THE LL FACILI TY AND OCCUPIES APPROX. 16 ACRES. - THE LEMBERGER LANDFILL, INC. FACILITY WAS USED BY THE TOWN- SHIP OF FRANKLIN AS AN OPEN DUMP FOR APPROX. 31 YEARS. THE LL FACILITY WAS EXCAVATED PRIOR TO 1951 AS A GRAVEL QUARRY. THE PEIPLE OF THE TOWNSHIP AND AREA INDUSTRIES USED THE FACI LITY AS AN OPEN DUMP BETWEEN 1940 & 1969. IN 1969, THE WISCONSIN DEPT. OF NATRUAL RESOURCES (WDNR) LICENSED THE SITE AS A SANITARY LANDFILL THAT COULD RECEIVE MUNICIPAL WASTE AND POWER PLANT FLY AND BOTTOM ASH; INDUSTRIAL WASTE WAS THEREAFTER DIVERTED TO THE LTR FACILITY. NO LEACHATE COLLECTION SYSTEM WAS INSTALLED AT THE LL FACILITY. THE LL FACILITY WAS CLOSED BY THE WDNR IN 1976. LEACHATE SEEPS AT THE FACILITY WERE BROUGHT TO THE WDNR'S ATTENTION IN 1980. EXISTING COVER AT THE LL FACILITY CONSISTS OF VARIABLE SOIL TYPES, RANGING FROM GRADED SANDS TO CLAYS. - THE LTR FACILITY WAS ALSO INITIALLY EXCAVATED AS A GRAVEL QUARRY. THE FACILITY RECEIVED INDUSTRIAL WASTE AND A VARIETY OF LIQUIDS, SLUDGES AND SLURRIES BETWEEN 1969 AND 1976. WASTE DISPOSAL AT THE FACILITY INVOLVED EXCAVATION OF TRENCHES INTO WHICH THE WASTES WERE POURED. RECORDS OF THE TYPE AND QUANTITY OF WASTES WERE MAINTAINED, BUT THERE ARE NO SPECIFIC RECORDS TO INDICATE WHAT TYPES OF WASTE WERE DEPOSITED IN EACH TRENCH.

Defendants (1)

• LEMBERGER LANDFILLNamed in complaintNamed in settlement

Facilities (2)

• LEMBERGER LANDFILL, INC.

  ROUTE 1 HEMPTON LAKE ROAD, WHITELAW, WI, 54247

  Registry ID: 110009318096

• LEMBERGER SITE

  HEMPTON LAKE & SUNNY SLOPE RDS, WHITELAW, WI, 54247

  Registry ID: 110008234678

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LEMBERGER LANDFILLentered 1992-10-21

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-03-01Enforcement Action Data Entered
• 1991-05-08PRN Sent
• 1992-04-30Referred To Dept Of Justice
• 1992-07-31Complaint Filed With Court
• 1992-10-21Final Order Lodged
• 1992-10-21Final Order Entered
• 1992-10-21Concluded