EPA v. BLUMENSTEIN TRUST

Case summary

IN TOWNSHIP DUMP SITE. RECENT AERIAL PHOTO SURVEY DONE FOR NANKINSITE INDICATES THAT DISPOSAL OCCURRED AT BLUMENSTEIN TRUST PROPERTY ATTHE SAME TIME AS DISPOSAL OCCURRED AT THE NANKIN SITE IN THE AREA WHEREU.S. EPA HAS CONFIRMED THE PRESENCE OF HAZARDOUS SUBSTANCES. EPA REQUESTED ACCESS FROM BLUMENSTEIN TRUST TO CONDUCT SAMPLING,HOWEVER, THE TRUST INSISTED ON SEVERAL UNACCEPTABLE CLAUSES IN THEACCESS AGREEMENT PRIOR TO SIGNATURE. BLUMENSTEIN TRUST OWNS PROPERTY IN WESTLAND, MICHIGAN THAT IS ADJACENT TO THE NANKIN TOWNSHIP LANDFILL CERCLA SITE. EPA CONDUCTED A REMOVAL ACTION AT NANKIN TOWNSHIP LANDFILL IN 1994-1995. IN CONJUNCTION WITH THAT REMOVAL ACTION, EPA SOUGHT ACCESS TO THE PROPERTY OWNED BY BLUMENSTEIN TRUST UNDER CERCLA SECTION 104 TO CONDUCT INVESTIGATIONS TO DETERMINE WHETHER DISPOSAL TOOK PLACE ON THE BLUMENSTEIN PROPERTY. THE OWNERS DENIED ACCESS. ON JULY 1, 1994, EPA REFERRRED THE MATTER TO THE DEPARTMENT OF JUSTICE TO SEEK WARRANT FOR ACCESS TO CONDUCT INVEST- GATIVE ACTIVITIES. DOJ FILED AN APPLICATION FOR A WARRANT WITH FEDERAL DISTRICT COURT ON JULY 21, 1994. THE MAGI- STATE ISSUED THE WARRANT ON JULY 21, 1994. THE BLUMENSTEIN TRUST OWNERS FILED A MOTION TO QUASH THE WARRANT, AND THE COURT ISSUED AN ORDERR QUASHING THE WARRANT ON AUGUST 10, 1994. EPA AND THE DEPARTMENT OF JUSTICE CONSIDERED SUBMITTING A SECOND APPLICATION FOR A WARRANT, AND COMPLIED ADDITIONAL INFORMTION TO SUPPORT SUCH APPLICATION. HOWEVER, AFTER RE- VIEWING THE RECORD AND THE COURT'S DECISION, SOMETIME IN EARLY 1995 THE U.S. ATTORNEY DECLINED TO SUBMIT A SECOND APPLICATION. I RECENTLY REVIEWED THE INFORMATION IN OUR FILES, INCLUDING MRS. MIJAL'S DEPOSITION WHICH I TOOK IN 1997. MRS. MIJAL TESTIFIED THAT THE PROPERTY NOW OWNED BY BLUMENSTEIN TRUST HAD NOT BEEN USED FOR DISPOSAL--JUST SAND MINING. ADDITIONLLY, THE TWO TRASH HAULERS DEPOSED IN 1997 IN POINTING OUT THE AREA OF DISPOSAL THEY WERE FAMILIAR WITH, DID NOT POINT TO THE BLUMENSTEIN TRUST AREA. BASED ON THE U.S. ATTORNEY'S DECISION IN 1995, AND THE OTHER INFORMATION IN THE FILE, I CONCLUDE THAT THIS MATTER SHOULD BE CLOSED. CLOSE AS OF DECEMBER 31, 1997

Defendants (1)

• BLUMENSTEIN TRUSTNamed in complaint

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 104E4 — Inspection and Samples
• CERCLA 104E3 — Entry Access

Timeline (6 milestones)

• 1993-05-04Enforcement Action Data Entered
• 1994-07-01Referred To Headquarters
• 1994-07-01Referred To Dept Of Justice
• 1994-07-21Complaint Filed With Court
• 1997-12-31Concluded
• 1997-12-31Enforcement Action Closed