EPA v. G. HEILEMAN BREWING COMPANY, INC.

Case summary

REQUESTING THAT THE DOJ FILE A PROOF OF CLAIM IN THE BANK- RUPTCY OF G. HEILEMAN BREWING COMPANY, INC. THE FILING OF A PROOF OF CLAIM IS NECESSARY TO PRESERVE THE U.S. CLAIM AGAINST G. HEILEMAN RELATING TO G. HEILEMAN'S STATUS AS A PRP AT THE FOREST WASTE DISPOSAL SITE IN OTISVILLE, GENESEE COUNTY, MI. THE DEADLINE FOR FILING ALL PROOFS OF CLAIM IN THE G. HEILEMAN BANKRUPTCY WAS 6/28/91, BUT THE U.S. OBTAIN- ED A FILING EXTENSION UNTIL 7/8/91. - THE SITE WAS OPERATED AS A LANDFILL FROM 1972 UNTIL 1978. DURING ITS OPERATION, WALTER AND ELAINE RIX OWNED THE SITE. SINCE 1987, THE SITE HAS BEEN OWNED BY THE STATE OF MI, WHICH ACQUIRED THE PROPERTY OWING TO THE FAILURE OF ELAINE RIX TO PAY PROPERTY TAXES. THE SITE WAS PLACED ON THE NPL IN 12/82. - WASTE DISPOSAL AT THE SITE INVOLVED AN 11-ACRE LANDFILL AND 9 SURFACE IMPOUNDMENTS, OR LAGOONS. WHILE THE RIXES OPERATED THE SITE, IT WAS LICENSED TO ACCEPT INDUSTRIAL AND LIQUID WASTES AND GENERAL REFUSE, AS WELL AS HAZARDOUS WASTES UNDER THE SUPERVISION OF STATE AND COUNTY AGENCIES. DRUMMED WASTES WERE NOT SCREENED PRIOR TO BEING PLACED IN THE LANDFILL. ACCORDING TO THE MICHIGAN DEPT. OF NATURAL RESOURCES, LIQUID WASTES OF VARIOUS KINDS WHICH WERE PLACED IN THE LAGOONS WERE NOT SCREENED, DIFFERENT WASTE STREAMS WERE OFTEN MIXED BY THE RIXES, AND IT WAS SUSPECTED THAT LIQUIDWASTES WERE SOMETIMES DISCHARGED INTO THE LANDFILL OR ONTO THE GROUND. - G. HEILEMAN'S CONNECTION WITH THE SITE IS THROUGH ITS DIVI- SION, CARLING NATIONAL BREWERIES, INC. THE SHIPMENT OF HAZARDOUS WASTES FORM CARLING TO THE SITE IS CURRENTLY DOCUMENTED BY MICHIGAN LIQUID INDUSTRIAL WASTE REMOVAL RE- CORDS WHICH WERE FILLED OUT BY THE TRANSPORTER AND OTHER RE- CORDS. AS OF THE DATE OF THIS REFERRAL, THE USEPA HAS EVI- DENCE THAT THE WASTE WHICH G. HEILEMAN ARRANGED TO BE DISPOSED OF AT THE SITE WAS ALKALINE WASH AND WASTE BOTTLE WASH. A WASTE-IN LIST PREPARED BY THE USEPA 12/87 SHOWS ATHAT CARLING CONTRIBUTED 129,100 GALLONS OF ALKALINE WAHS AND WASTE BOTTLE WASH TO THE SITE FORM 1976 UNTIL 1978. THIS 129,100 GALLONS REPRESENTS 5.478% OF THE TOTAL, DOCU- MENTED WASTE CONTRIBUTED TO THE SITE, AND MAKES G. HEILEMAN THE 4TH GREATEST CONTRIBUTOR OF HAZARDOUS WASTES TO THE SITE KNOWN AT THIS TIME. - THE USEPA HAS BEEN TAKING RESPONSE ACTION AT THE SITE SINCE 1984, AND THE FINAL REMEDIAL ACTION AT THE SITE--THE REMEDI- AL ACTION FOR THE LANDFILL--IS PLANNED TO BEGIN WITHIN A FEW MONTHS. THE USEPA'S FIRST RESPONSE ACTION AT THE SITE WAS TO IMPLEMENT THE INITIAL REMEDIAL MEASEURE OF INSTALLING A FENCE AROUND THE SITE, IN ACCORDANCE WITH A ROD SIGNED BY THE RA ON 5/23/84. TO ADDRESS THE LONGTERM CONCERNS AT THE SITE, IT WAS DIVIDED INTO 3 OPERABLE UNIT: A LAGOON OPERABLE UNTI, AND A GROUNDWATER OPERABLE UNIT. - ON 1/24/91, G. HEILEMAN AND CERTAIN AFFILIATED DEBTORS FILED VOLUNTARY PETITIONS FOR REORGANIZATION UNDER CHAPTER 11, TITLE 11 OF THE U.S. CODE IN THE U.S.BANKRUPTCY COURT FOR THE SDNY. NOTICE OF DEADLINE FOR THE FILING OF PROOFS OF CLAIM ESTABLISHED 6/28/91, AS THE DEADLINE FOR FILING PROOFS OF CLAIM IN THIS BANKRUPTCY PROCEEDING. AN EXTENSION UNTIL 7/8/91, FOR FILING THE U.S. PROOF OF CLAIM RELATED TO THE SITE WAS OBTAINED BY THE U.S. ON 6/28/91. - THE USEPA UNDERTOOK RESPONSE ACTIONS AT THE SITE PURSUANT TO SECTIONS 104 & 106 OF CERCLA, 42 U.

Defendants (1)

• G. HEILEMAN BREWING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• FOREST WASTE PRODUCTS

  8359 E FARRAND RD, OTISVILLE, MI, 48463

  Registry ID: 110009292238

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• G. HEILEMAN BREWING CO., INC.entered 1995-02-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1984-03-23Enforcement Action Data Entered
• 1991-07-05Referred To Dept Of Justice
• 1991-07-18Complaint Filed With Court
• 1994-11-30Final Order Lodged
• 1995-02-28Final Order Entered
• 1995-02-28Concluded
• 1996-03-28Enforcement Action Closed