EPA v. WILLOW RUN/WILLOW RUN SLUDGE LAGOON

Case summary

THIS IS A COST RECOVERY FOR MONIES EXPENDED FOR PRELIMINARY ASSESSMENTS/SITE INVESTIGATION WORK, OVERSIGHT OF A PRP LEAD RI/FS, AND COSTS RELATE PREPARATION OF AN ENGINEERING EVALUATION/COST ANALYSIS. THIS IS SOLELY FOR RECOVERY OF PAST COSTS, BUT DOES SEEK DECLARATORY RELIEF AS TO THE LIABILITY PRP'S. THE SITE IS NOT ON THE NPL AT THE REQUEST OF THE STATE. RESPONSE ACTIONS CONTINUE UNDER A STATE LEAD CONSENT DECREE. THE WILLOW RUN CREEK/WILLOW RUN SLUDGE LAGOON SITE IS THE LOCATION OF AUTOMOBILE MANUFACTURING PLANTS, A WASTE WATER TREATMENT PLANT, AND AN AIRPORT. ONE OF THE PLANTS AND THE AIRPORT WERE USED FOR THE PRODUCTION OF WARPLANES DURING WORLD WAR II. IT IS LOCATED IN WAYNE AND WASHTENAW COUNTIES, MICHIGAN AND IN THE SOUTHEAST MICHIGAN GEOGRAPHIC INITIATIVE AREA. MUCH OF THE SITE CONTAMINATION INVOLVES SEDIMENT CONTAMINATION. THE SITE WAS ORIGINALLY INVESTIGATED DURING THE LATE 1970S FOR CONTAMINATION, PARTICULARLY POLYCHLORINATED BIPHENOLS, WHICH RESULTED FROM THE INDUSTRIAL ACTIVITIES TAKING PLACE IN THE AREA. A PORTION OF THE SITE, THE WILLOW RUN SLUDGE LAGOON, ORIGINALLY WAS PROPOSED FOR THE NATIONAL PRIORITIES LIST (NPL) IN 1987. UNDER AN ADMINISTRATIVE CONSENT ORDER, TWO POTENTIALLY RESPONSIBLE PARTIES (PRPS), FORD MOTOR COMPANY AND GENERAL MOTORS CORPORATION, CONDUCTED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS). IN THE MEANTIME, U.S. EPA PREPARED AN ENGINEERING EVALUATION/COST ANALYSIS (EE/CA) FOR THE REMAINDER OF THE SITE. PRIOR TO THE ENTIRE SITE BEING PROPOSED FOR LISTING ON THE NPL, A GROUP OF PRPS REQUESTED THAT THEY BE GIVEN THE OPPORTUNITY TO CONDUCT THE FINAL RESPONSE ACTION UNDER THE MICHIGAN VOLUNTARY CLEAN-UP PROGRAM. THE SITE WORK CONTINUES UNDER STATE OVERSIGHT AND THE SITE HAS BEEN DEFERRED FOR LISTENING ON THE NPL. THE PAST RESPONSE COSTS BEING SOUGHT ARE FOR SAMPLING ACTIVITIES IN ANTICIPATION OF THE EE/CA, THE PREPARATION OF THE EE/CA ITSELF, AND OVERSIGHT AND ENFORCEMENT ACTIVITIES RELATED TO THE SITE.

Defendants (9)

• UNIVERSITY OF MICHIGANNamed in complaintNamed in settlement
• YPSILANTI COMMUNITY UTILITIES AUTHORITYNamed in complaintNamed in settlement
• CHRYSLER CORPORATIONNamed in complaintNamed in settlement
• CHRYSLER PENTASTAR AVIATION, INC.Named in complaintNamed in settlement
• FORD MOTOR CO.Named in complaintNamed in settlement
• GENERAL MOTORS CORP.Named in complaintNamed in settlement
• REGENTS OF THE UNIVERSITY OF MICHIGANNamed in complaintNamed in settlement
• WAYNE COUNTYNamed in complaintNamed in settlement
• YPSILANTI TOWNSHIPNamed in settlement

Facilities (1)

• WILLOW RUN SLUDGE LAGOON SITE

  WILLOW RUN CREEK, YPSILANTI, MI, 48197

  Registry ID: 110010740243

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WILLOW RUN SLUDGE LAGOONentered 1999-06-18

  Primary law: CERCLA

Timeline (5 milestones)

• 1997-06-30Referred To Dept Of Justice
• 1997-08-28Enforcement Action Data Entered
• 1998-06-16Complaint Filed With Court
• 1999-04-20Final Order Lodged
• 1999-06-18Final Order Entered