EPA v. DESHLER LEAD SITE/BALDAUF LEAD SITE

Case summary

THE SITE IS IN THE MIDDLE OF A BEANFIELD. THE FORMER LESSE AND POSSIBLE OWNER, MIKE OR JAMES ODLE, USED TO BURN TRANSFORMERS AT THE SITE. MR. ODLE DIED IN 1994. THE SITE IS CURRENTLY OWNED AND OCCUPIED BY CURTIS STEWART. HE HAS A HOUSE TRAILER ON SITE AND CHILDREN ARE BELIEVED TO LIVE THERE. CHILDREN SERVICES MAY BE INVOLVED. SAMPLES TAKEN BY OEPA SHOWED HIGH LEVELS. CONFIRMATORY SAMPLES WERE TAKEN BY THE OSC AUGUST 8, 1996. ON SEPTEMBER 20,, 1996, U.S. EPA MAILED A GENERAL NOTICE PRP LETTER TO THE RESPONDENT NOTIFYING IT OF ITS POTENTIAL LIABILITY FOR LEAD CONTAMINATION FOUND IN DESHLER, OHIO. RESPONDENT RUNS A SCRAPYARD IN TOLEDO, OHIO, WHICH HAD DELIVERED TRANSFORMERS AND WIRE TO AN INDIVIDUAL IN DESHLER, OHIO WHO BURNED AND SCRAPPED MATERIALS TO RECLAIM THE METALS, WHICH WERE RETURNED TO THE SCRAPYARD FOR CASH PROPERTY WHERE THE BULK OF THE BURNING TOOK PLACE IS A RURAL, RESIDENTIAL PROPERTY INCLUDES A HOUSE TRAILER WHICH IS INHABITED BY THE OWNER OF THE PROPERTY AND HIS CHILDREN. ASH PILES LITTER THE PROPERTY. U.S. EPA CONDUCTED AN EXTENT OF CONTAMINATION STUDY ON THE SITE AND DETERMINED THAT THE PROPERTY, INCLUDING THE HOUSE TRAILER, WAS CONTAMINATED WITH ELEVATED. THE OWNER AND HER FAMILY MOVED OFF THE PROPERTY. THE OSC DETERMINED THAT THE SITE BE EXCAVATED APPROXIMATELY 2 FEET TO REMOVE THE LEAD CONTAMINATION AND THE PROPERTY REGRADED WITH CLEAN TOPSOIL. HE ALSO RECOMMENDED DECONTAMINATION OR REPLACEMENT HOUSE TRAILER. DUE TO THE IMMEDIATE THREATS TO HUMAN HEALTH AND DAMAGE TO THE PROPOSED CLEANUP WAS IDENTIFIED AS TIME-CRITICAL. ON NOVEMBER 1, 1996, THE DIVISION DIRECTOR SUPERFUND DIVISION, EXECUTED AN AOC RESPONDENT FOR THE CLEANUP OF THE DESHLER SITE. AMONG OTHER THINGS THE WORK TO BE PERFORMED INCLUDES: 1) PAYMENT FOR TEMPORARY RELOCATION OF DISPLACED PROPERTY OWNER AND FAMILY DURING 2) COMMENCEMENT OF EXTENDED EOC SURVEY; 4) EXCAVATION OF SOIL TO RESIDENTIAL COMMUNITY FOR LEAD; 5) OFF-SITE DISPOSAL OF LEAD SOIL; 6) BACKFILL OF EXCAVATED AREA; HOUSE TRAILER; 7) EOC SURVEY FOR ADJACENT PROPERTY THAT MAY ALSO HAVE BEEN ARE HOUSE TRAILER; EOC SURVEY FOR ADJACENT PROPERTY THAT MAY ALSO HAVE BEEN ARE SCRAPPING AND BURNING AND; 8) PAYMENT OF EPA PAST AND OVERSIGHT COSTS. SEE #8

Defendants (1)

• DESHLER LEAD SITENamed in settlement

Facilities (1)

• DESHLER LEAD SITE STEWART PROPERTY

  223 W MARION ST, DESHLER, OH, 435161427

  Registry ID: 110000850231

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• DESHLER LEAD SITEentered 1996-11-01

  Primary law: CERCLA

Timeline (4 milestones)

• 1996-08-20Enforcement Action Data Entered
• 1996-11-01Complaint Filed/Proposed Order
• 1996-11-01Final Order Issued
• 1998-01-22Enforcement Action Closed