EPA v. STANDARD DETROIT PAINT COMPANY

Case summary

REFERRAL IS FOR CONCURRENCE AND EXECUTION OF A SETTLEMENT FOR THE METAMOR LANDFILL SITE. THE SITE IS LOCATED IN METAMORA TOWNSHIP, LAPEER COUNTY, MICHIGAN. THE SITE EXISTS ON A LAND PARCEL APPROXIMATELY 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 LICENSED SOLID WASTE TRANSFER STATION CURRENTLY OPERATING ON THE WESTERN SIDE OF THE SITE IS BEING LOCATED. THE SURROUNDING LAND USE IS BOTH RESIDENTIAL 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 LAND FILL WAS UPGRADED TO MEET EXISTING STATE STANDARDS, AND LICENSED TO RECEIVE GENERAL REFUSE. THE LANDFILL ACCEPTED BOTH MUNICIPAL AND INDUSTRIAL WASTE UNTIL IT WAS CLOSED IN 1980. INDUSTRIAL WASTE WAS OFTEN DISPOSED OF AT THE LAND- FILL 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 EXCAVATIONS (FORMER MINING PITS OR BORROW AREAS. IN 1981, APPROXIMATELY EIGHT DRUMS WERE UNEARTHED IN THE NORTHWEST AREA OF THE SITE DURING EXCAVATION FOR THE NEARBY SOLID WASTE TRANFER 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 CONTAINED 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 THE MDNR IN JUNE AND SEPTEMBER 1982. THE SITE WAS LISTED ON THE NATIONAL PRIORITIES LIST IN SEPTEMBER 1984. ON APRIL 18, 1995, THE U.S. EPA ENTERED IN- TO 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 ( FS ) 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 GROUNDWATER AT THE SITE. BASED ON THE RESULTS OF THE SITE INVESTIGATION AND PREVIOUS INVESTIGATION S, IN AUGUST 1986, E.C. JORDAN ISSUED A PHASED FEASIBILITY STUDY THAT RECOMMENDED THE EXCAVATION AND OFF-SITE INCINERA- TION 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 WERE CONTAMI NATED WITH HAZARDOUS SUBSTANCES. 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 OPERABLE UNITS. THE RECORD OF DECISION ( ROD ) FOR OPERABLE UNIT ONE ( OU1 ), 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 THE EXCAVATION AND INCINERATION OF BURIED WASTE AND CONTAMINATED SOILD IN THESE AREAS. U.S. EPA ENTERED INTO A COOPERATIVE AGREEMENT WITH THE STATE OF MICHIGAN FOR THE STATE TO CONDUCT THE REMEDIAL ACTION, WHICH BEGAN IN APRIL 1989. THE STATE RETAINED CHEMICAL WASTE MANAGEMENT TO CONDUCT THIS REMEDIAL ACTION. OPERABLE UNIT TWO ( OU2 ) ADDRESSED THE REMEDIATION OF THE LANDFILL AND CONTAMINATED GROUNDWATER. A ROD FOR OU2 WAS ISSUED IN SEPTEMBER 1990. THE OU2 REMEDY INCLUDES A LANDFILL

Defendants (1)

• STANDARD DETROIT PAINT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• STANDARD PAINT COMPANY

  8225 LYNDON AVENUE, DETROIT, MI, 48238

  Registry ID: 110000407195

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• STANDARD DETROIT PAINTentered 1998-12-23

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-07-01Referred To Dept Of Justice
• 1998-07-15Final Order Lodged
• 1998-07-15Complaint Filed With Court
• 1998-07-17Enforcement Action Data Entered
• 1998-12-23Final Order Entered
• 2004-08-11Enforcement Action Closed