EPA v. SPIEGELBERG SITE-COST RECOVERY

Case summary

REFERRAL OF CERCLA COST RECOVERY COMPLAINT FOR SPIEGELBERG SITE, LIVINGSTON COUNTY, MI. SINCE 1/87, THE USEPA HAS INCURRED COSTS IN CONDUCTING RESPONSE ACTIONS AT THE SITE. IN ADDITION TO PROVIDING FUNDING THROUGH A COOPERATIVE AGREEMENT WITH THE STATE OF MICHIGAN FOR COMPLETION OF A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY AND FOR OVERSEEING THE STATE OF MICHIGAN'S PERFORMANCE OF THE RI AND FS, USEPA HAS ALOS INCURRED COSTS IN ITS OVERSIGHT OF FORD MOTOR COMPANY'S IMPLEMENTATION OF A UNILATERAL ADM ORDER ISSUED IN 7/91. THROUGH 4/30/92, USEPA HAS INCURRED APPROX. $979,155 IN UNREIMBURSED RESPONSE COSTS. PLEASE BE AWARE THE USEPA HAS BEEN CONDUCTING PRE-FILING NEGOTIATIONS THROUGH AN INDEPENDENT MEDIATOR SINCE THE END OF 7/92. THESE NEGOTIATIONS ARE INTENDED TO SATISFY THE CIVIL JUSTICE REFORM REQUIREMENTS OF EXECUTIVE ORDER 12778. ADDITIONALLY, PRIOR TO MEDIATION, THE PARTIES WERE INVITED TO NEGOTIATE BOTH IMPLEMENTATION OF THE REMEDY AND PAST COSTS, PURUSANT TO SECTION 122(E) OF CERCLA. THE RECIPIENTS OF THE SPECIAL NOTICE LETTER DID NOT AGREE TO SIGN A CONSENT DECREE FOR IMPLEMENTATION OF THE REMEDY.

Defendants (2)

• FORD MOTOR COMPANYNamed in complaintNamed in settlement
• SPIEGELBERG, JAMES H.

Facilities (1)

• SPIEGELBERG LANDFILL

  SPICER RD, GREEN OAK TWP, MI, 48116

  Registry ID: 110009292274

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SPIEGELBERG SITEentered 1995-03-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1986-01-01Enforcement Action Data Entered
• 1992-09-30Referred To Dept Of Justice
• 1994-12-29Complaint Filed With Court
• 1995-03-14Final Order Lodged
• 1995-03-14Final Order Entered
• 1995-03-14Concluded
• 1995-04-30Enforcement Action Closed