EPA v. TOMAH MUNICIPAL SANITARY LANDFILL

Case summary

U.S. EPA HAS IDENTIFIED ONLY THREE PRPS FOR THE TOMAH SITE: THE CITY OF TOMAH, THE U.S. DEPARTMENT OF VETERAN AFFAIRS, AND UNION CAMP. IN AUGUST, 1998, THE REGION REACHED AN AGREEMENT IN PRINCIPLE WITH UNION CAMP CORPORATION FOR IMPLEMENTATION OF THE SITE REMEDY - A CONVENTIONAL LANDFILL CAP. HOWEVER, BECAUSE UNION CAMP AND THE VA COULD NOT AGREE ON THE SHARE OF CLEANUP COSTS TO BE PAID BY THE VA, THE DEPARTMENT OF JUSTICE WAS UNWILLING TO APPROVE EPA'S SETTLEMENT WITH UNION CAMP. THIS POSITION WAS IN LINE WITH DOJ'S POLICY OF INSISTING ON A RESOLUTION OF ALL CLAIMS AGAINST THE UNITED STATES AS PART OF ANY CERCLA CONSENT DECREE. IN ORDER TO AVOID DELAYS IN GETTING CONSTRUCTION STARTED AT THE SITE, THE REGION OPTED TO NEGOTIATE AN AOC FOR REMEDIAL DESIGN WITH UNION CAMP. BY EXECUTING THE AOC, THE REGION ENSURED THAT DESIGN WORK WOULD PROCEED ON SCHEDULE, WHILE CONTINUED TO RESOLVE ALLOCATION ISSUES BETWEEN UNION CAMP, THE VA, AND THE CITY OF TOMAH.

Defendants (1)

• TOMAH MUNICIPAL SANITARY LANDFILLNamed in settlement

Facilities (1)

• TOMAH MUNICIPAL SANITARY LANDFILL

  WEST 24TH AVENUE, TOMAH, WI, 54660

  Registry ID: 110009317710

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• TOMAH MUNICIPAL SANITARYentered 1998-09-30

  Primary law: CERCLA

Timeline (2 milestones)

• 1998-09-30Final Order Issued
• 1998-10-23Enforcement Action Data Entered