EPA v. LAKE GENEVA ASSOCIATES

Case summary

SOUTHERN LAKES IS A FORMER TRAP AND SKEET SHOOTING RANGE LOCATED ON A PORTION OF WHAT IS NOW THE GRAND GENEVA RESORT AND SPA PROPERTY NEAR LAKE GENEVA, WISCONSIN. THE SOUTHERN LAKES SITE CONSISTS OF A POND, AN APPROXIMATELY 35-ACRE WETLANF AND SURROUNDING UPLANDS, WHERE, AS A RESULT OF SHOOTING ACTIVITIES OVER THE YEARS, SUBSTANTIAL AMOUNTS OF SPENT LEAD SHOT AND CLAY TARGETS WERE DEPOSITED. IN JANUARY 1992, OVER 200 CANADA GEESE APPARENTLY CONSUMED LEAD SOT WHILE FEEDING AT THE SITE AND DIED FROM ACUTE LEAD POISONING. IN JULY 1994, TWO PRIOR OWNERS OF THE PROPERTY, LAKE GENEVA ASSOCIATES AND PLAYBOY ENTERPRISES CONDUCTED SITE ASSESSMENT AND NATURAL RESOURCES DAMAGE ASSESSMENT ACTIVITIES AT THE SITE PURSUANT TO A U.S. EPA ADMINISTRATIVE ORDER ON CONSENT ( AOC ) AND AN AGREEMENT WITH USFWS FOR PAYMENT OF THE SERVICE'S INVESTIGATORY AND ASSESSMENT COSTS AND DAMAGES FOR THE DEAD GEESE. IN OCTOBER 1006, AFTER THE PARTIES WERE UNABLE TO AGREE ON AN APPROPRIATE REMEDY, U.S. EPA BEGAN A FUND-LEAD REMOVAL ACTION AT THE SITE. DURING THE COURSE OF THE REMOVAL, OVER 28,000 TONS OF CONTAMINATED SOILS AND SEDIMENTS WERE REMOVED FROM THE SITE. NEAR THE END OF THE REMOVAL, EPA AND USFWS COOPERATED ON REPLANTING AND RESEEDING ACTIVITIES TO RESTORE THE SITE TO PRAIRIE/WETLAND HABITAT. U.S. EPA INCURRED APPROXIMATELY $1.88 MILLION IN UNREIMBURSED REMOVAL COSTS AT THE SITE. U.S. EPA, DOI AND THE U.S. DEPARTMENT OF JUSTICE CONCLUDED SETTLEMENT NEGOTIATIONS WITH LGA AND PLAYBOY REGARDING CER- CLA REMOVAL COSTS AND NATURAL RESOURCE DAMAGES ASSOCIATED WITH THE CLEAN-UP AND RESTORATION OF THE SITE. UNDER THE TERMS OF THE CONSENT DECREE, LGA, PLAYBOY AND MARCUS HAVE AGREED TO SETTLE THIS MATTER FOR AN ADDITIONAL PAYMENT IN THE AMOUNT OF $1 MILLION, OF WHICH $925,000 WOULD CONSTITUTE COST RECOVERY TO THE SUPERFUND AND $75,000 WOULD GO TO DOI AS NATURAL RESOURCE DAMAGES TO COVER COSTS OF HABITAT RESTORATION AT THE SITE. SUCH PAYMENT, COUPLED WITH THE $225,000 WORTH OF THE SITE ASSESSMENT WORK PERFORMED BY LGA AND PLAYBOY AND THE PREVIOUS PARTIAL PAYMENT OF $26,000 FOR NATURAL RESOURCE DAMAGES BY LGA AND PLAYBOY, WOULD CONSTI- TUTE A RECOVERY OF NEARLY 55% OF THE TOTAL RESPONSE COSTS IN THIS MATTER AND ESSENTIALLY SATISFY DOI'S NATURAL RESOURCE DAMAGE CLAIM IN FULL.

Defendants (4)

• JACK GRACEY ESTATENamed in complaintNamed in settlement
• LAKE GENEVA ASSOCIATESNamed in complaintNamed in settlement
• MARCUS GENEVA, INC.Named in complaintNamed in settlement
• PLAYBOY ENTERPRISESNamed in complaintNamed in settlement

Facilities (1)

• SOUTHERN LAKES TRAP & SKEET CLUB

  HIGHWAY 50 E, LAKE GENEVA, WI, 53147

  Registry ID: 110009317925

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LAKE GENEVA ASSOCIATESentered 1998-11-25

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-09-14Referred To Dept Of Justice
• 1998-09-30Final Order Lodged
• 1998-09-30Complaint Filed With Court
• 1998-10-19Enforcement Action Data Entered
• 1998-11-25Final Order Entered