EPA v. STICKNEY LANDFILL SITE--UAO TO CITY OF TOLEDO, OHIO

Case summary

ON JANUARY 16, 1998 EPA PUBLISHED NOTICE OF A PROPOSED ADMINISTRATIVE ORDER ON CONSENT WITH A GROUP OF PRPS KNOWN AS THE STICKNEY-TYLER ADMINISTRATIVE GROUP ( STAG ) UNDER WHICH THE RESPONDENTS WILL CONDUCT RESPONSE ACTION AT THE STICKNEY AND TYLER LANDFILL SITES AND A PORTION OF THE XXXEM SITE IN TOLEDO, OH. THE RESPONSE ACTION FOR THE STICKNEY AND TYLER LANDFILLS INCLUDE INSTALLATION OF A MULT-LAYER LANDFILL COVER SYSTEM OVER THE SITES. THIS AOC WAS SIGNED BY THE DIRECTOR OF THE SUPERFUND DIVISION ON FEBRUARY 27, 1998. STAG BEGAN CLEARING AND GRADING WORK AT STICKNEY AND TYLER PRIOR TO THE EFFECTIVE DATE OF THE STICKNEY/TYLER AOC. AS A RESULT OF THE RE-GRADING AND ABOVE-AVERAGE TEMPERATURES, AND TWICE THE AVERAGE RAINFLL DURING THE JANUARY-FEBRUARY PERIOD (BROUGHT ABOUT BY LE NINO), EMERGENCY CONDITIONS DEVELOPED AT THE STICKNEY SITE. THERE WAS PONDING OF OVER A MILLION GALLONS OF MIXED PRECIPITATION/LEACHATE ON THE SURFACE OF STICKNEY, AND THE WATER WAS IN CONTACT WITH EXPOSED WASTE. THE STEEP, SATURATED SLOPES AT STICKNEY WERE IN DANGER OF COLLAPSE, WHICH WOULD HAVE CAUSED MIXED MUNICIPAL AND INDUSTRIAL WASTE TO BE RELEASED INTO THE OTTAWA RIVER. THE ONLY VIABLE TECHNICAL OPTION WAS TO PUMP THE LEACHATE TO THE CITY OF TOLEDO'S PUBLICALLY-OWNED TREATMENT WORKS (POTW). BECAUSE THE PRECIPITATION DID COME IN CONTACT WITH THE EXPOSED WASTE, IT HAD PICKED UP SOME OF THE CONTAMINAANTS CONTAINED IN THE WASTE, BUT AT RELATIVELY LOW LEVELS FOR MOST CONTAMINANTS. ALTHOUGH REGION 5 THOUGHT THAT THE CITY OF TOLEDO, AS A RESPONDENT TO THE STICKNEY/TYLER AOC, HAD A DUTY UNDER THE EMERGENCY RESPONSE PROVISIONS OF THAT ORDER TO ACCEPT THIS LEACHATE AT THE POTW, THE CITY REFUSED TO ACCEPT THE LEACHATE UNLESS A CERCLA 106 UAO WAS ISSUED, REQUIRING IT TO DO SO. THE CITY WAS CONCERNED REGARDING A POSSIBLE VIOLATION OF ITS NPDES PERMIT. WHILE DISCOUNTING THE POSSIBILITY THAT EITHER THE CONTAMINANT LEVELS OR VOLUME OF THE LEACHATE TO BE PUMPED TO THE POTW RENDERED THIS MORE THAN A REMOTE POSSIBILITY, THE EMERGENCY CONDITIONS AT STICKNEY REQUIRED THE ISSUANCE OF A UAO TO THE CITY OF TOLEDO. THE TOLEDO UAO REQUIRES THE CITY TO ACCEPT THE STICKNEY LEACHATE AS LONG AS THE LEACHATE IS BELOW A CERTAIN VOLUME AND WITHIN CERTAIN CONTAMINANT LIMITS. OTHER EXCEPTIONS TO THE CITY'S DUTY TO ACCEPT THE LEACHATE INCLUDE HEAVY PRECIPATION EVENTS WHEN THE SEWER SYSTEM OR THE POTW COULD NOT ACCOMMODATE THE ADDITIONAL DISCHARGE. AT THE SAME TIME THE UAO WAS ISSUED, IT WAS ALSO NECESSARY TO AUTHORIZE A DIRECT DISCHARGE TO THE OTTAWA RIVER, IN ORDER TO QUICKLY DE-WATER THE STICKNEY SITE. REGION 5 CONSIDERED THIS AN ON-SITE DISCHARGE, SO A CLEAN WATER ACT PERMIT WAS NOT REQUIRED, BUT COMPLIANCE WITH OEPA'S SUBSTANTIVE DISCHARGE LIMITS IS NECESSARY.

Defendants (2)

• STICKNEY LANDFILL SITENamed in complaint
• CITY OF TOLEDO, OHIONamed in settlement

Facilities (1)

• STICKNEY LDFL SITE--

  4032 CREEKSIDE AVE, TOLEDO, OH, 43612

  Registry ID: 110010628614

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• STICKNEY LANDFILL SITEentered 1998-03-06

  Primary law: CERCLA

Timeline (2 milestones)

• 1998-03-06Final Order Issued
• 1998-10-26Enforcement Action Data Entered