EPA v. CHAMPION ENTERPRISES, INC.

Case summary

REFERRAL FOR PAYMENT OF COSTS INCURRED AT METAMORA LANDFILL SITE ($3,000,000.) REFERRAL IS FOR CONCURRENCE AND EXECUTION 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 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 LICENSE D SOLID WASTE TRANSFER STATION CURRENTLY OPERATING ON THE WESTERN SIDE OF THE SITE IS BEING RELOCATED. THE SURROUND- ING 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 EXECAVATIONS 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 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 EXECAVATIONS DONE GY THE 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 IN- TO A COOPERATIVE AGREEMENT WITH THE STATE OF MICHIGAN ( STAT E ). PURSUANT TO THE AGREEMENT, THE STATE TOOK THE LEAD IN CONDUCTING A REMEDIAL INVESTIGATION ( RI ), FEASIBILITY 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 ACTIVITIES AND RESULTS OF INVESTIGATION CONDUCTED FROM MARCH TO AUGUST 1985 AT THE SITE. THE INVESTIGATION FOUND HAZARDOUS SUBSTANCES IN THE SOIL AND GROUNDWATER AT THE SITE. BASED ON THE RESULTS OF THE SITE INVESTIGATION REPORT AND PREVIOUS INVEST IGATIONS, IN AUGUST 1986, E.C. JORDAN ISSUED A PHASED FEASI- BILITY 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 1988. THE RI FOUND THAT THE SOIL AND GROUNDWATER AT THE SITE WERECONTAMI 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 ( 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 THE EXCAVATION AND INCINERATION OF BURIED WASTE AND CONTAMINATED SOIL 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

Defendants (1)

• CHAMPION ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (1)

• METAMORA LANDFILL

  1636 DRYDEN ROAD, METAMORA, MI, 48455

  Registry ID: 110009263206

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CHAMPION ENTERPRISES, INC./METAMORA LANDFILLentered 1998-05-22

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-02-20Referred To Dept Of Justice
• 1998-03-23Final Order Lodged
• 1998-03-23Complaint Filed With Court
• 1998-05-22Final Order Entered
• 1998-06-22Concluded
• 1998-06-22Enforcement Action Closed
• 1998-07-22Enforcement Action Data Entered