EPA v. REFUSE HIDEAWAY

Case summary

THE SITE IS A FORMER PRIVATE LANDFILL THAT ACCEPTED MUNICIPAL SOLID WASTE, AS WELL AS WASTE FROM NEARBY COMMERCIAL AND INDUSTRIAL CONCERNS. THE PRIMARY CONTAMINANTS OF CONCERN AT THE SITE ARE THE FOLLOWING CONTAMINANTS, WHICH ARE FOUND IN GROUNDWATER BENEATH THE SITE AND IN A GROUNDWATER PLUME EXTENDING AT LEAST 3800 FEET OFF-SITE; BENZENE, CHLOROFORM; 1,2-DCA; TRANS-1,2-DCE; PCE; TCE; AND VINYL CHLORIDE. ON SEPTEMBER 27, 1996, U.S. EPA SENT SPECIAL NOTICE LETTERS TO 58 PRP'S (SOME OF WHICH U.S. EPA MAY RECOGNIZE AS DE MINIMIS PARTIES IN THE FUTURE), OFFERING THOSE PRPS THE OPPORTUNITY TO NEGOTIATE FOR PERFORMANCE OF THE REMEDIAL DESIGN AND REMEDIAL ACTION FOR THE SITE. IN THE RECORD OF DECISION FOR THE SITE, U.S.EPA AND THE WISCONSIN DNR SELECTED THE FOLLOWING REMEDY: MAINTENANCE OF THE EXISTING SINGLE BARRIER CAP OVER THE LANDFILL; OPERATION AND MAINTENANCE OF THE EXISTING LANDFILL GAS AND LEACHATE EXTRACTION SYSTEMS; OPERATION AND MAINTENANCE OF THE EXISTING GROUNDWATER MONITORING SYSTEM; INSTITUTIONAL CONTROLS; CONSTRUCTION AND OPERATION OF A GROUNDWATER EXTRACTION, TREATMENT, AND REINJECTION SYSTEM; AND PROVISION OF EITHER POINT-OF-ENTRY WATER TREATMENT SYSTEMS OR A COMMUNITY WATER WELL TO RESIDENTS WHOSE PRIVATE GRONDWATER WELLS BECOME CONTAMINATED IN FUTURE BY THE SITE'S GROUNDWATER PLUME. ON NOVEMBER 4, 1996, THE INITIAL 60-DAY MORATORIUM PERIOD FOR RD/RA NEGOTIATIONS WILL COMMENCE PURSUANT TO CERCLA 122(E)(1). IN IMPLEMENTING THE ORPHAN SHARE REFORM REGION 5 RECOGNIZED THAT INSOLVENT AND DEFUNCT ORPHAN SHARE PARTIES ARE ASSOCIATED WITH THE SITE AND, IN ITS SEPTEMBER 27, 1996, SPECIAL NOTICE LETTER TO THE PRP'S, REGION 5 OFFERED $310,000 IN COMPENSATION TOWARDS PAST COSTS.

Defendants (58)

• MADISON-KIPP CORP.Named in settlement
• A-1 RESTORATION, INC.Named in settlement
• A.B. DICK CO.Named in settlement
• AMPE EXCAVATING, INC.Named in settlement
• BELL LABORATORIESNamed in settlement
• WICK BUILDING SYSTEMS, INC.Named in settlement
• WISCONSIN DEPT. OF TRANSPORATIONNamed in settlement
• UNITED BUILDING CENTERS, DBA FISH BUILDINamed in settlement
• UNIVERSITY OF WISCONSIN-MADISONNamed in settlement
• VGC CORP.Named in settlement
• VOGEL BROS. BUILDING CO.Named in settlement
• WASTE MANAGEMENT OF MADISONNamed in settlement
• WEBCRAFTERS, INC.Named in settlement
• BENJAMIN PLUMBING, INC.Named in settlement
• BERNSTEN BRASS & ALUMINUM FOUNDRY,INC.Named in settlement
• BROWNING-FERRIS INDUSTRIESNamed in settlement
• CARDINAL IG CO.Named in settlement
• CARNES CO.Named in settlement
• COATING PLACE, INC.Named in settlement
• CONTAINER HAUL-AWAY, INC.Named in settlement
• DAIRY EQUIPMENT CO., DIV. OF DEC INTERNANamed in settlement
• DEGENHARDT AUTO BODY SHOPNamed in settlement
• DRG MEDICAL PACKAGING, INC.Named in settlement
• FUTURE FOAM INC.Named in settlement
• GILBERT CONSTRUCTION CORP.Named in settlement
• …and 33 more

Facilities (1)

• REFUSE HIDEAWAY LANDFILL

  SW1/4 OF NW1/4 SEC8 T7N R8E, MIDDLETON, WI, 53562

  Registry ID: 110009317612

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• REFUSE HIDEAWAYentered 2001-08-29

  Primary law: CERCLA

Timeline (6 milestones)

• 1996-06-01Enforcement Action Data Entered
• 1996-06-04PRN Sent
• 1996-06-04Referred To Dept Of Justice
• 2001-07-10Final Order Lodged
• 2001-07-10Complaint Filed With Court
• 2001-08-29Final Order Entered