EPA v. KUX MANUFACTURING (METAMORA)

Case summary

REFERRAL IS FORM CONCURRENCE AND EXECUATION OF A DE MINIMIS SETTLEMENT FOR THE METAMORA LANDFILL SITE. THE SITE IS LOCATED IN METAMORA TOWNSHIP, LAPEER COUNTY, MICHIGAN. THE SITE EXISTS ON A LAND PARCEL APPROXIMATLEY 100 ACRES IN SIZE AND CONTAINS A 25-ACRE LANDFILL. A GRAVEL MINING FACILITY IS LOCATED ON THE SITE, SOUTH OF THE LANDFILL, AND A LICENSE SOLID WASTE TRANSFER STATION CURRENTLY OPERATING ON THE WESTERN SIDE OF THE SITE IS BEING RELOCATED. THE SURROUNDIN G LAND USE IS BOTH RESIDENTIOAL AND AGRICULTURAL. THERE IS A SHALLOW AND INTERMEDIATE AQUIFER PRESENT ABOVE THE BEDROCK AQUIFER. LANDFILL OPERATIONS AT THE SITE BEGAN IN 1955 AS A PRIVATELY OWNED, UNREGULATED OPEN DUMP. IN 1969, THE LANDFILL WAS UPGRADED TO MEET EXISTING STATE STANDARDS, AND LICENSED TO RECEIVE GENERAL REFUSE. THE LANDFILL ACCEPTED BOTH MUNICI- PAL AND IDUSTRIAL WASTE UNTIL IT WAS CLOSED IN 1980. INDUST RIAL WASTE WAS OFTEN DISPOSED OF AT THE LANDFILL AS DRUMMED WASTE. NO RECORDS HAVE BEEN DISCOVERED THAT SHOW THE DISPOSAL PRACTICES OF THE FORMER OPERATOR. HOWEVER, IT IS KNOWN THAT WASTE AND DRUMS WERE DISPOSED OF IN UNLINED EXCA VATIONS (FORMER MINING PITS OR BORROW AREAS). IN 1981, APPROXIMATELY EIGHT DRUMS WERE UNEARTHED IN THE NORTHWEST AREA OF THE SITE DURING EXCAVATIONS FOR THE NEARBY SOLID WASTE TRANSFER STATION. THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR) SAMPLED SEVEN OF THESE DRUMS AND IDENTIFIED THE PRESENCE OF HAZARDOUS SUBSTANCES. IN 1982, THE MDNR CONDUCTED A MAGNETOMETER SURVEY OF THE SITE WHICH CONCLUDED THAT AS MANY AS 35,000 DRUMS, SOME CONTAINING LIQUID WASTE, MIGHT BE PRESENT IN FIVE DISPOSAL AREAS AROUND THE SITE. THE SURVEY CONCLUDED THAT AREAS ONE AND FOUR CON- TAINED ABOUT 74% OF THE TOTAL ESTIMATED NUMBER OF BURIED DRUMS IN THE LANDFILL. HAZARDOUS SUBSTANCES IN THE BURIED DRUMS FROM AREAS ONE AND FOUR WERE CONFIRMED FROM LIMITED TEST PIT EXCAVATIONS DONE BY MDNR IN JUNE AND SEPTEMBER 1982 THE SITE WAS LISTED ON THE NATIONAL PRIORITIES LIST IN SEPTEMBER 1984. ON APRIL 18, 1985, THE U.S. EPA ENTERED INTO A COOPERATIVE AGREEMENT WITH THE STATE OF MICHIGAN ( STATE ). PURSUANT TO THE AGREEMENT, THE STATE TOOK THE LEAD IN CONDUCTING A REMEDIAL INVESTIGATION ( RI ), FEASIBI- LITY STUDY ( FRS ) AND COMMUNITY RELATIONS PROGRAM FOR THE SITE. THE STATE RETAINED E.C. JORDAN TO CONDUCT THE RI/FS. PRIOR TO THE RI/FS, IN FEBRUARY 1986, E.C. JORDAN PUBLISHED A SITE INVESTIGATION REPORT. THE REPORT DESCRIBED ACTIVI- TIES AND RESULTS OF INVESTIGATION CONDUCTED FROM MARCH TO AUGUST 1985 AT THE SITE. THIS INVESTIGATION FOUND HAZARDOU S SUBSTANCES IN THE SOIL AND GROUNDWATER AT THE SITE. BASED ON THE RESULTS OF THE SITE INVESTIGATION REPORT AND PREVIOUS INVESTIGATIONS, IN AUGUST 1986, E.C. JORDAN ISSUED A PHASED FEASIBILITY STUDY THAT RECOMMENDED THE EXCAVATION AND OFF- SITE INCINERATION OF THE BURIED WASTE AND CONTAMINATED SOIL IN AREAS ONE AND FOUR OF THE SITE. FIELD WORK FOR PORTIONS OF THE RI BEGAN IN 1985 AND WAS COMPLETED IN JUNE OF 1988. THE RI FOUND THAT THE SOIL AND GROUNDWATER AT THE SITE WAS CONTAMINATED WITH HAZARDOUS SUB- STANCES. THE FINAL RI REPORT WAS ISSUED IN MARCH 1989 AND THE FINAL FS WAS ISSUED IN MARCH 1990. REMEDIATION AT THE SITE HAS BEEN HANDLED THROUGH TWO OPERABL E UNITS. THE RECORD OF DECISION ( ROD ) FOR OPERABLE UNIT ONE ( OUI ), ISSUED ON SEPTEMBER 30, 1986, ADDRESSED THE REMEDIATION OF DRUMMED WASTE AND CONTAMINATED SOILS IN TWO AREAS ON THE SITE CALLED AREAS ONE AND FOUR. THE ROD CALLED FOR EXCAVATION AND INCINERATION OF BURIED WASTE AND CONTAMI- NATED SOIL IN THESE AREAS. U.S. EPA ENTERED INTO A COOPERA- TIVE AGREEMENT WITH THE STATE OF MICHIGAN FOR THE STATE TO CONDUCT THE REMEDIAL ACTION, WHICH BEGAN IN APRIL 1989. THE STATE RETAINED CHEMICAL WASTE MANAG

Defendants (10)

• A.T WAGNER COMPANYNamed in complaintNamed in settlement
• AIRCRAFT SPECIALTIES, INC.Named in complaintNamed in settlement
• ALBAR INDUSTRIES, INC., 10 PRECISIONNamed in complaintNamed in settlement
• CONWED CORPORATIONNamed in complaintNamed in settlement
• EPPINGER MANUFACTURING COMPANYNamed in complaintNamed in settlement
• KUX MANUFACTURINGNamed in complaintNamed in settlement
• MASCOTECH COATINGS, INC. F/K/A VACUMETNamed in complaintNamed in settlement
• METAMORA PRODUCTS COMPANYNamed in complaintNamed in settlement
• PRECISION COATINGS, INC.Named in complaintNamed in settlement
• SEAMAN INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• METAMORA LANDFILL

  1636 DRYDEN ROAD, METAMORA, MI, 48455

  Registry ID: 110009263206

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• KUX MANUFACTURING (METAMORAentered 1998-12-23

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-05-14Referred To Dept Of Justice
• 1998-05-14Complaint Filed With Court
• 1998-05-29Final Order Lodged
• 1998-06-09Enforcement Action Data Entered
• 1998-12-23Final Order Entered
• 2003-02-17Enforcement Action Closed