EPA v. BRONSON PLATING CO.

Case summary

PLATING INDUSTRIES BEGAN OPERATING IN BRONSON IN THE EARLY 1900'S, BEFORE THE INDUSTRIAL SEWER AND WASTE LAGOONS WERE BUILT. IN THE 1930'S CATTLE DEATHS AND FISH KILLS WERE RE- PORTED IN CONNECTION WITH CONTAMINATED WATER FROM COUNTY DRAIN #30 (CD#30), WHERE INDUSTRIES DIRECTLY DISCHARGED WASTE. TO ALLEVIATE THIS CONTAMINATION, THE CITY OF BRONSON EXCAVATED THREE WESTERN LAGOONS BETWEEN 1938 AND 1950 AS PART OF AN INDUSTRIAL SEWER SYSTEM TO SERVE LOCAL INDUSTRIES THIS SYSTEM INCLUDED A SEWER LINE WHICH CARRIED WASTE TO THE LAGOONS. THE BRONSON REEL COMPANY, THE H.A. DOUGLAS CO., AND THE L.A. DARLING CO. FINANCED CONSTRUCTION AND MAINTENANCE. THESE COMPANIES USED THE LAGOONS FROM 1939 TO 1949 TO RECEIVE UNTREATED PLATING WASTES CONTAINING CYANIDE, NICKEL, COPPER, SILVER, ZINC AND CADMIUM. IN 1949, DISPOSAL EXCEEDED THE CAPACITY OF THE WESTERN LAGOONS, AND PLATING WASTES OVERFLOWED INTO CD#30. BETWEEN 1938 AND 1955 THE WESTERN LAGOONS WERE EXTENDED AND INTERCONNECTED WITH PIPING AND VALVES TO CONTROL WATER LEVEL AND DISCHARGES TO CD#30. INDUSTRIES USED THE WESTERN LAGOONS UNTIL APPROXIMATELY 1980 AND THEY ARE STILL OWNED BY THE CITY OF BRONSON. IN 1949, THE CITY OF BRONSON CONSTRUCTED THE EASTERN LAGOONS TO HELP MEET THE INCREASED DEMAND FOR DISPOSAL CAPACITY. INDUSTRIES USING THESE LAGOONS PAID FOR CONSTRUCTION AND MAINTENANCE. THESE INDUSTRIES INCLUDED THE BRONSON PLATING CO, THE H.A. DOUGLAS CO, AND THE L.A. DARLING CO. THE BRONSON PLATING CO. PURCHASED THE EASTERN LAGOONS IN 1970 AND STILL OWNS THEM. IT DISCHARGED INTO THESE LAGOONS UNTIL 1981. THERE ARE TWO DISTINCT SOURCES OF CONTAMINATION AT THE SITE. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) AND THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (MDEQ) WILL ADDRESS THESE SOURCE AREAS AS SEPARATE OPERABLE UNITS DURING REMEDIAL DESIGN AND REMEDIAL ACTION (RD/RA). THE FIRST OPERABLE UNIT (OU#1) IS COMPRISED OF THOSE AREAS AND MEDIA IMPACTED BY CONTAMINATION FROM THE EASTERN AND WESTERN LAGOO NS, INCLUDING COUNTY DRAIN #30 AND GROUNDWATER UNDERLYING THE LAGOONS. THE SECOND OPERABLE UNIT (OU#2) IS COMPRISED OF THOSE AREAS AND MEDIA IMPACTED BY LEAKAGE FROM THE INDUSTRIAL SEWER LINE AT THE SITE FORMERLY USED TO CARRY ELECTROPLATING AND OTHER INDUSTRIAL WASTES TO THE LAGOONS, INCLUDING CONTAMINATION WHICH HAS MIGRATED INTO THE GROUND- WATER. THE PREFERRED REMEDY IN THE CURRENT PROPOSED PLAN ADDRESSES OU#1 AND WOULD RESTRICT GROUNDWATER USE THROUGHOUT THE SITE. MDEQ IS CONDUCTING A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY TO ASSESS THE NEED FOR REMEDIATION OF SOIL AND GROUNDWATER CONTAMINATED BY LEAKS FROM THE INDUSTRIAL SEWER IN OU#2. THE DRAFT CONSENT DECREE ENCLOSED WITH THE PRE-REFERRAL NOTICE WOULD RECOVER EPA'S PAST COSTS AT THE SITE AND REQUIRE THE PRP'S TO CARRY OUT RD/RA AS DISCUSSED IN THE PROPOSED PLAN AND RECORD OF DECISION. IF NEGOTIATIONS DO NOT LEAD TO A CONSENT DECREE, THE PRP'S WILL BE REQUIRED TO PERFORM THE WORK UNDER A UNILATERAL ADMINISTRATIVE ORDER.

Defendants (5)

• BRONSON PLATING CO.Named in settlement
• BRONSON, CITY OFNamed in settlement
• ITT AUTOMOTIVENamed in settlement
• L.A. DARLING CO.Named in settlement
• SCOTT FETZER CO.Named in settlement

Facilities (3)

• BRONSON PLATING COMPANY

  135 INDUSTRIAL AVE., BRONSON, MI, 49028

  Registry ID: 110000409068

• BRONSON PLATING COMPANY

  135 INDUSTRIAL AVE., BRONSON, MI, 49028

  Registry ID: 110000409068

• BRONSON PLATING COMPANY

  135 INDUSTRIAL AVE., BRONSON, MI, 49028

  Registry ID: 110000409068

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BRONSON PLATING CO.entered 2000-02-29

  Primary law: CERCLA

Timeline (6 milestones)

• 1997-08-19PRN Sent
• 1997-10-06Enforcement Action Data Entered
• 1999-03-31Referred To Dept Of Justice
• 1999-06-30Final Order Lodged
• 1999-06-30Complaint Filed With Court
• 2000-02-29Final Order Entered