EPA v. JANESVILLE, CITY OF

Case summary

A TOTAL OF 62 PARTIES WILL PERFORM AND FUND ENVIRONMENTAL CLEANUP WORK ESTIMATED TO COST $12.4 MIL. THE CLEANUP WORK IS EXPECTED TO PROVIDE THE FINAL REMEDY FOR TWO NAT'L PRIORI TIES LIST (NPL) SITES AS WELL AS ADDITIONAL AREAS REGULATED UNDER RCRA. THE JANESVILLE DISPOSAL FACILITY (JDF) IS COMPRISED OF FOUR SEPARATE AREAS OF ENVIRONMENTAL CONCERN: 1) THE JANES- VILLE ASH BEDS, 2) THE 1963 SITE, 3) 1978 SITE, 4) THE 1985 SITE. THE JANESVILLE ASH BEDS (JAB) AND THE 1978 SITE (ALSO KNOWN AS THE JANESVILLE OLD LANDFILL) ARE BOTH DESIG- NATED AS NPL SITES, WITH THE JAB ALSO BEING SUBJECT TO RCRA REGULATION. IN ADDITION, THE 1985 SITE IS RCRA REGULATED. ENFORCEMENT HISTORY THE JAB ABD 1978 SITES WERE INCLUDED ON THE NPL IN SEPTEM- BER, 1983, THEREAFTER, NOTICE LETTERS WERE ISSUED AND REME- DIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) NEGOTIATION WERE CONDUCTED. THOSE NEGOTIATIONS CULMINATED IN AN AGREED ADMINISTRATIVE ORDER, WHICH BECAME EFFECTIVE IN DEC. 8, 1986 UNDER WHICH 15 POTENTIALLY RESPONSIBLE PARTIES (PRPS) AGREED TO CONDUCT AN RI/FS FOR THE JDF. THE RI/FS WAS COMPLETED IN LATE 1989, AND A RECORD OF DECISION WAS FINALIZED IN DEC, 19 89. SPECIAL NOTICE LETTERS WERE INITIALLY ISSUED IN JULY, 1990 AND AGAIN IN SEPT., 1990. NEGOTIATIONS RELATING TO THE CON- DUCT OF THE REMEDIAL DESIGN AND REMEDIAL ACTION (RD/RA) WERE INSTITUTED IN LATE 1990. BECAUSE AN ADDITIONAL GROUP OF PRPS WAS DISCOVERED DURING THE NEGOTIATIONS THE SECOND SPE- CIAL NOTICE LETTER WAWS ISSUED, THEREBY EXTENDING THE MORA- TORIUM PERIOD. AT THE CONCLUSION OF THE 60 DAY MORATORIUM PERIOD, THE PRPS SUBMITTED SEVERAL OFFERS, ALLOWING THE CON- TINUATION OF THE MORATORIUM PERIOD. WITH SOME NECESSARY EX- TENSIONS, THE NEGOTIATION PERIOD CONTINUED AND RESULTED IN THE RECEIPT OF EXECUTED CONSENT DECREE SIGNATURE PAGES ON AUG. 9, 1991.

Defendants (62)

• REFLECTOR HARDWARE CORPNamed in complaintNamed in settlement
• VALSPAR CORPNamed in complaintNamed in settlement
• UNIVERSAL CHEMICALS & COATINGNamed in complaintNamed in settlement
• V.J. DOLAN CO., INC.Named in complaintNamed in settlement
• WABASH DATATECHNamed in complaintNamed in settlement
• WHITTAKER CORPNamed in complaintNamed in settlement
• ZARCO INDUSTRIES, INC.Named in complaintNamed in settlement
• EBERT INDUSTRIES, INC.Named in complaintNamed in settlement
• FEDERATED PAINT MANUFACTURINGNamed in complaintNamed in settlement
• FINISHES UNLIMITED, INC.Named in complaintNamed in settlement
• FPI, INC.Named in complaintNamed in settlement
• G.M. CORP.Named in complaintNamed in settlement
• GIDDINGS & LEWIS, INC.Named in complaintNamed in settlement
• GORDON BARTELS COMPANYNamed in complaintNamed in settlement
• HARLEY-DAVIDSON, INC.Named in complaintNamed in settlement
• HENTZEN COATINGS, INC.Named in complaintNamed in settlement
• HYDROSOL, INC.Named in complaintNamed in settlement
• I.B. DISTRIBUTORS, INC.Named in complaintNamed in settlement
• IMCERA GROUP, INC.Named in complaintNamed in settlement
• JAMES B. DAY & COMPANYNamed in complaintNamed in settlement
• JANESVILLE AUTO TRANSPORT CO.,Named in complaintNamed in settlement
• JANESVILLE, CITY OFNamed in complaintNamed in settlement
• LEIN OIL CO., INCNamed in complaintNamed in settlement
• MATTHEWS PAINT COMPANYNamed in complaintNamed in settlement
• MINNESOTA MINING & MANUFACTURINGNamed in complaintNamed in settlement
• …and 37 more

Facilities (2)

• JANESVILLE OLD LANDFILL

  BLACKBRIDGE ROAD, JANESVILLE, WI, 53545

  Registry ID: 110070125618

• JANESVILLE OLD LANDFILL

  BLACKBRIDGE ROAD, JANESVILLE, WI, 53545

  Registry ID: 110070125618

Statutes cited

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

Enforcement conclusions (1)

• JANESVILLE, CITY OFentered 1992-01-29

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-06-30Enforcement Action Data Entered
• 1991-09-10Referred To Dept Of Justice
• 1991-11-22Complaint Filed With Court
• 1992-01-29Concluded
• 1992-01-29Final Order Lodged
• 1992-01-29Final Order Entered