EPA v. WHEELER PIT

Case summary

THIS IS A COST RECOVERY REFERRAL PRIMARILY OVERSIGHT COSTS FOR THE SITE. THE PRP'S HAD CONDUCTED AN RI/FS UNDER A CONSENT ORDER. NEGOTIATIONS FOR AN RD/RA CONSENT DECREE WERE UNSUCCESSFUL. A SECTION 106 ORDER WAS ISSUED. GENERAL MOTORS COMPLETED THE RD/RA UNDER THE ORDER. CMC DID NOT PARTICIPATE IN THE RD/RA ACTIVITIES AND ATTEMPTED TO CHALLENGE ITS STATUS AS A PRP JUDICIALLY. THE REFERRAL SEEKS DAMAGES UNDER SECTION 106(A) WITH REGARD TO CMC. ON JULY 14, 1998, THE UNITED STATES FILED A COM PLIANT IN THE FEDERAL DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN AGAINST CMD HEARTLAND PARTNERS ( CMC ) AND GENERAL MOTORS CORPORATION ( GM ) SEEKING RECOVERY OF PAST RESPONSE COSTS RELATED TO THE WHEELER PIT NPL SITE. ON THIS SAME DAY A CONSENT DECREE WAS LODGED UNDER WHICH CMC AND GM HAVE AGREED TO REIMBURSE THE UNITED STATES FOR $620,661.78 OF ITS PAST RESPONSE COSTS. THIS AMOUNT IS 95% OF THE SUM OF U.S. EPA'S PAST COSTS, AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY ( ATSDR ) COSTS, AND THE DEPARTMENT OF JUSTICE'S ( DOJ ) COSTS INCURRED FOR WORK ASSOCIATED WITH THE SITE THROUGH MAY 31, 1997, WITH INTEREST WAIVED. BACKGROUND: THE WHEELER PIT SITE IS LOCATED DIRECTLY NORTH- WEST OF THE INTERSECTION OF COUNTY HIGHWAY O (OLD DELAVAN ROAD) AND COUNTY HIGHWAY J IN LA PRAIRIE TOWNSHIP, ROCK COUNTY, WISCONSIN. IT IS LOCATED WITHIN A PHYSICAL DEPRESSION APPROXIMATELY 50 FEET DEEP AND SPANNING AN AREA OF APPROXIMATELY 35 ACRES, WHICH PREVIOUSLY OPERATED AS A GRAVEL PIT. THE SITE IS LOCATED IN THE SOUTHEAST PORTION OF THE PIT AND ENCOMPASSES APPROXIMATELY 3.83 ACRES. IN 1956, GM LEASED A 3.82 ACRE PORTION OF THE PIT AS A GENERAL PLANT WASTE DISPOSAL SITE. FROM 1956 TO 1960, GM DISPOSED OF GENERAL REFUSE AT THE SITE. FROM 1960 THROUGH 1974,GM DISPOSED OF PAINT SPRAY BOOTH SLUDGES, RESIDUE FROM A PART HANGER STRIPPING SYSTEM, CLARIFIER SLUDGES AND POWERHOUSE COAL ASHES FROM ITS AUTOMOBILE ASSEMBLY PLANT IN JANESVILLE. THE DISPOSAL SITE WAS REPORTED TO BE APPROXIMATELY 400 FEET LONG, 250 FEET WIDE AND EIGHT FEET DEEP. AN ESTIMATED 22.3 MILLION GALLON OF ORGANIC AND INORGANIC SLUDGES CONTAINING SOLVENTS, AND HEAVY METALS, AND COAL ASH WERE DISPOSED OF AT THE SITE. THE REMEDIAL IN- VESTIGATION ( RI ) INDICATED THAT THE ESTIMATED VOLUME OF WASTE AT THE SITE IS 60,600 CUBIC YARDS. GM AND CMC, THE TWO PRPS LINKED TO THE SITE, WERE SENT SPECIAL NOTICE LETTERS DATED JUNE 23, 1987, SOLICITING THEIR INTEREST IN PERFORMING THE REMEDIAL INVESTIGATION/ FEASIBILTY STUDY ( RI/FS ) FOR THE SITE. GM AND CMC SUBSEQUENTLY ENTERED INTO AN ADMINISTRATIVE ORDER BY CONSENT EFFECTIVE DATE DECEMBER 1, 1987, TO CONDUCT THE RI/FS. THE FIELD WORK FOR THE RI WAS COMPLETED IN MID-1989 AND THE RI REPORT WAS FINALIZED IN MARCH 1990. THE FS REPORT AND A PROPOSED PLAN FOR THE REMEDIAL ACTION AT THE SITE WERE ISSUED FOR PUBLIC COMMENT IN JULY, 1990. U.S. EPA'S REMEDY DECISION WAS SUMMARIZED IN A ROD DATED SEPTERMBER 28, 1990. THE SELECTED REMEDY INCLUDED: CONSOLIDATION OF THE WASTE FROM THE ADJOINING FRANK BROTHERS CO, PROPERTY ONTO CMC PROPERTY, INSTALLATION OF A SOLID WASTE CAP OVER THE WASTE AFTER CONSOLIDATION, INSTALLATION AND MAINTENENANCE OF A FENCE AROUND THE SITE, INSTITUTIONAL CONTROLS, AND GROUNDWATER MONITORING WITH TRIGGER PROVISIONS IF GROUNDWATER CONDITIONS WARRANTED ADDITIONAL ACTION. ON MAY 6, 1991, U.S. EPA ISSUED A SECTION 106 UNILATERAL ADMINISTRATIVE ORDER TO CMC AND GM ORDERING THOSE PARTIES TO IMPLEMENT THE REMEDY SET FORTH IN THE ROD. U.S. EPA PROVIDED AUTHORIZATION TO GM TO MOVE FORWARD WITH THE RE- MEDIAL ACTION IN MAY, 1992. GM BEGAN PHYSICAL ON-SITE CON- STRUCTION OF THE REMEDIAL ACTION PROVIDED FOR IN THE ROD IN JUNE, 1992. GM COMPLETED WASTE CON

Defendants (2)

• CMC HEARTLAND PARTNERSNamed in complaintNamed in settlement
• GENERAL MOTORS CORP.Named in complaintNamed in settlement

Facilities (1)

• WHEELER PIT

  CO TRK O & CO TRK J, LA PRAIRIE TOWNSHIP, WI, 53545

  Registry ID: 110009319825

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WHEELER PITentered 1998-09-16

  Primary law: CERCLA

Timeline (5 milestones)

• 1996-08-01Enforcement Action Data Entered
• 1996-08-30Referred To Dept Of Justice
• 1998-07-14Final Order Lodged
• 1998-07-14Complaint Filed With Court
• 1998-09-16Final Order Entered