EPA v. SPIEGELBERG SITE-UAO

Case summary

THIS UNILATERAL ORDER WAS ISSUED AFTER NEGOTIATIONS FOR A CONSENT DECREE TO PERFORM THE FINAL REMEDIATION AT THE SITE WERE UNSUCCESSFUL. THE RD/RA NEGOTIATIONS WERE INITIATED IN 1989 AFTER A PRE-REFERRAL WAS MADE TO DOJ. SEE PRE-REFERRAL RECORD AT DOCKET NO. 05-89-0234. THIS ORDER REQUIRES FORD AND MR. JAMES SPIEGELBERG TO PERFORM TH RD/RA WORK AT THE SPIEGELBERG SITE THAT IS NECESSARY TO IMPLEMENT THE AGENCY'S FINAL REMEDIAL ACTION PLAN FOR THE SITE. THIS PLAN IS DOCUMENTED IN A RECORD OF DECISION (ROD) DATED JUNE 29, 1990. THE WORK UNDER THIS UAO FOLLOWS PREVIOUS WORK UNDERTAKEN BY FORD AT THE SITE PURSUANT TO A CONSENT DECREE ENTERED ON OCTOBER 17, 1988 TO IMPLEMENT A SOURCE CONTROL OPERABLE UNIT ROD. UNDER THAT DECREE FORD REMOVED THE SOURCE MATERIALS FOR OFFSITE DISPOSAL. THE FACILITY WAS A TRENCH INTO WHICH PAINT SLUDGES FROM FORD MOTOR COMPANY WERE DUMPED. THE FACILITY IS LOCATED ON RURAL PROPERTY APPROXIMATELY A MILE OR SO TO NORTHEAST OF THE SMALL TOWN OF HAMBURG, MICHIGAN. THE TOWN OF WHITMORE LAKE, WHERE MR. SPIEGELBERG RESIDES, IS LOCATED ABOUT 2 MILES SOUTH OF HAMBURG ON INTERSTATE 75. WHITMORE APPARENTLY IS THE MAILING ADDRESS FOR THE SITE. A DUPLICATE ENTRY 05-88-0078 HAS BEEN ARCHIVED.

Defendants (2)

• FORD MOTOR COMPANYNamed in complaint
• SPIEGELBERG, JAMES H.Named in complaint

Facilities (1)

• SPIEGELBERG LANDFILL

  SPICER RD, GREEN OAK TWP, MI, 48116

  Registry ID: 110009292274

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (4 milestones)

• 1991-07-08Complaint Filed/Proposed Order
• 1991-07-08Final Order Issued
• 1994-12-27Enforcement Action Data Entered
• 1995-09-01Enforcement Action Closed