EPA v. POWELL ROAD LANDFILL

Case summary

U.S. EPA ISSUED TWO CERCLA 106 UAOS TO SIX MAJOR PARTIES CONNECTED WITH THE POWELL ROAD LANDFILL SITE/DAYTON, OHIO. IMPACT: ON MAY 6, 1998, U.S. EPA ISSUED TWO SEPARATE CERCLA SECTION 106 UAOS TO 6 MAJOR CONTRIBUTORS OF HAZARDOUS SUB- STANCES TO THE POWELL ROAD NPL SITE, LOCATED OUTSIDE OF DAYTON, OHIO. THE FIRST UAO REQUIRES THE RESPONDENTS TO CONSTRUCT AND IMPLEMENT THE 100% FINAL APPROVAL REMEDIAL DESIGN FOR THE SITE, AND TO DESIGN, CONSTRUCT, AND IMPLEMENT AN ON-SITE LEACHATE TREATMENT SYSTEM WHEN SO DIRECTED IN THE FUTURE BY U.S. EPA. THE SECOND UAO REQUIRES THE RESPONDENTS TO DESIGN, CONSTRUCT, AND IMPLEMENT A GROUNDWATER PUMP AND TREAT SYSTEM WHEN SO DIRECTED IN THE FUTURE BY U.S. EPA. THE TOTAL ESTIMATED COST OF THE CLEANUP IS $23,000,000. BACKGROUND: THE POWELL ROAD LANDFILL SITE IS NPL SITE. THE SITE IS A FORMER GRAVEL PIT THAT WAS CONVERTED TO A LANDFILL IN 1959 AND OPERATED UNTIL 1984. COMMERCIAL, INDUSTRIAL, AND DOMESTIC WASTES WERE DISPOSED OF AT THE SITE. THE ROD WAS SIGNED IN SEPTEMBER 1993. IN AN EXPLANATION OF SIGNIFI- CANT DIFFERENCES ( ESD ) U.S. EPA HAD AGREED TO DELAY IMPLE- MENTATION OF THE GROUNDWATER COMPONENT OF THE RECORD OF DECISION ( ROD ) REMEDY PENDING THE OUTCOME OF A GROUNDWATER STUDY. IF THE STUDY DEMONSTRATES THAT GROUNDWATER CONTAMI- NATION LEVELS ARE DROPPING AS A RESULT OF SOURCE CONTROL MEASURES, THEN U.S. EPA CAN USE THE STUDY RESULTS TO CHANGE THE ROD'S REQUIREMENTS REGARDING GROUNDWATER. IF NO CHANGE IS DEMONSTRATED, THEN U.S. EPA WILL REQUIRE IMPLEMENTATION OF THE FULL ROD REMEDY, INCLUDING GROUNDWATER. REMEDIAL DESIGN FOR ALL COMPONENTS OF THE REMEDY EXCEPT THE GROUND- WATER PUMP AND TREAT COMPONENT (AND AN ON-SITE LEACHATE TREATMENT PLANT IF PERMISSION TO DISCHARGE TO THE POTW IS DENIED) IS 100% COMPLETE. SPECIAL NOTICE WAS ISSUED TO 12 PARTIES ON MAY 12, 1997. ON FEBRUARY 13, 1998, U.S. EPA TERMINATED NEGOTIATIONS FOR REMEDIAL ACTION WITH THE 12 MAJOR CONTRIBUTORS TO THE SITE. THE SPECIAL NOTICE RECIPIENTS INCLUDED WASTE MANAGEMENT, AS THE OWNER/OPERATOR; CHRYSLER CORPORATION, AS THE MAJOR GENERATOR; AND ALLIED WASTE, AS THE LEAD TRANSPORTER. WASTE CHRYSLER, AND ALLIED DEMANDED THAT IN THE CONSENT DECREE THE U.S. AND U.S. EPA AGREE TO ALLOW REVIEW OF THE ISSUANCE OF A DESIGN NOTICE TO REQUIRE THE PARTIES TO BEGIN THE DESIGN AND CONSTRUCTION OF THE GROUNDWATER REMEDY REQUIRED BY THE ROD. THE U.S. AND U.S. EPA COULD NOT AGREE TO THIS, BECAUSE THIS WOULD CONSTITUTE PRE-ENFORCEMENT REVIEW OF THE REMEDY SELECT ED IN THE ROD. THE UAO'S WERE ISSUED TO SIX OF THE 12 SPECIAL NOTICE RECI- PIENTS BECAUSE OF EVIDENTIARY ISSUES. THE WORK IS SPLIT BETWEEN TWO SEPARATE UAOS (ONE FOR IMPLEMENTATION OF THE APPROVED DESIGN AND A SECOND FOR THE DESIGN AND IMPLEMENTA- TION OF THE GROUNDWATER COMPONENT) TO ENSURE THAT CONSTRUC- TION OF THE NON-CONTROVERSIAL COMPONENT OF THE REMEDY GOES FORWARD THIS YEAR UNDER THE FIRST UAO, AND THAT ANY ISSUES OF UAO NON-COMPLIANCE REGARDING THE GROUNDWATER COMPONENT ARE SEGREATED UNDER A SEPARATE UAO.

Defendants (1)

• POWELL ROAD LANDFILLNamed in complaintNamed in settlement

Facilities (1)

• POWELL ROAD LANDFILL

  SO SIDE OF POWELL RD 1MI W 202, DAYTON, OH, 45424

  Registry ID: 110010741741

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• POWELL ROAD LANDFILLentered 1998-05-06

  Primary law: CERCLA

Timeline (2 milestones)

• 1998-05-06Final Order Issued
• 1998-06-03Enforcement Action Data Entered