EPA v. CERTAINTEED CORPORATION D/B/A WOLVERINE TECHNOLOGIES, INC.

Case summary

REFERRAL IS FOR CONCURRENCE AND EXECUTION OF A DEMINIMIS SETTLEMENT FOR METAMORA LANDFILL SITE, WHICH IS APPROXI- MATELY 100 ACRES IN SIZE AND CONTAINS A 25 ACRE LANDFILL. LANDFILL OPERATIONS 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 GEN ERAL REFUSE. UNTIL IT WAS CLOSED IN 1980, THE LANDFILL ACCEPTED MUNICIPAL AND INDUSTRIAL WASTE. NO RECORDS EXIST THAT SHOW THE DISPOSAL PRACTICES OF THE FORMER OPERATOR. IT IS KNOW THAT WASTE AND DRUMS WERE DISPOSED OF IN UNLINED EXCAVATIONS (FORMER MINE PITS OR BARROW AREAS). IN 1981 8 DRUMS WERE UNEARTHED IN THE NW AREA OF THE SITE DURING EXCAVATIONS FOR THE NEARBY SOLID WASTE TRANSFER STATION. THE MDNR SAMPLED 7 DRUMS AND IDENTIFIED HAZAR- DOUS SUBSTANCES. IN 1982 THE MDNR SURVEYED THE SITE AND CONCLUDED THAT AS MANY AS 35,000 DRUMS, SOME CNTAINING LIQUID WASTE, MIGHT BE PRESENT AT THE SITE; AND THAT AREAS 1 AND 4 CONTAINED ABOUT 74% OF THE BURIED DRUMS. THA SITE WAS LISTED ON THE NPL 9/84. IN 4/85 EPA ENTERED INTO A COOPERATIVE AGREEMENT WITH THE STATE, IN WHICH THE STATE AGREED TO TAKE THE LEAD IN CONDUCTING A RI, FS AND COMMUNITY RELATIONS PROGRAM FOR THE SITE. THE RI/FS FOUND HAZARDOUS SUBSTANCES IN THE SOIL AND GROUNDWATER AT THE SITE THE FS RECOMMENDED EXCAVATION AND OFF-SITE INCINERATION OF THE BURIED WASTE AND CONTAMINATED SOIL IN AREAS 1 AND 4. REMEDIATION AT THE SITE HAS BEEN HANDLED THRU 2 OPERABLE UNITS. A CONSENT DECREE IN 1995 ADDRESSED THE COMPLETION OF ALL REMEDIAL ACTIVITY AT THE SITE. ON 3/31/95, THE US FILED AN ACTION TO RECOVER THE PAST COSTS INCURRED.

Defendants (3)

• BRAZEWAY, INC.Named in complaintNamed in settlement
• CERTAINTEED CORP. D/B/A WOLVERINE TECH.Named in complaintNamed in settlement
• UNITED PAINT & CHEMICAL CORP.Named in complaintNamed in settlement

Facilities (1)

• METAMORA LANDFILL

  1636 DRYDEN ROAD, METAMORA, MI, 48455

  Registry ID: 110009263206

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CERTAINTEED CORPORATIONentered 1998-07-22

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-04-02Referred To Dept Of Justice
• 1998-04-14Final Order Lodged
• 1998-04-14Complaint Filed With Court
• 1998-07-22Enforcement Action Data Entered
• 1998-07-22Final Order Entered