EPA v. TYLER STREET LANDFILL

Case summary

THE STICKNEY AND TYLER SITES ARE CLOSED LANDFILLS LOCATED ON OPPOSITE SITES OF THE OTTAWA RIVER, APPROXIMATELY 5.5 MILES UPSTREAM FROM WHERE THE RIVER FLOWS INTO LAKE ERIE. THE TYLER SITE IS APPROXIMATELY 41 ACRES AND IS 500 FEET UPSTREAM FROM THE STICKNEY SITE, WHICH IS NEARLY 50 ACRES IN SIZE. FOLLOWING PUBLIC COMMENT, REGION 5 ISSUED ENFORCEMENT ACTION MEMORANDA FOR THE RESPECTIVE SITES ON JANUARY 22, 1996. THE SELECTED ACTIONS FOR EACH SITE ENTAILS SPECIFIC COMPONENTS OF THE PRESUMPTIVE REMEDY FOR MUNICIPAL LANDFILLS INCLUDING: 1) MULTI LAYER LANDFILL CAP; 2) LANDFILL GAS COLLECTION AND PASSIVE VENTING TO THE ATMOSPHERE; AND 3) INSTITUTIONAL CONTROLS INCLUDING DEED RESTRICTIONS; AND 4) PERIODIC LEACHATE AND LANDFILL GAS MONITORING. EPA HAS NEGOTIATED AN ADMINISTRATIVE ORDER ON CONSENT (AOC) WITH A GROUP OF PRPS THAT HAVE AGREED TO IMPLEMENT THE ENFORCEMENT ACTION MEMORANDA AT THE STICKNEY AND TYLER SITES. EVEN THOUGH THE AOC HAS NOT BEEN FINALIZED, THE STICKNEY/TYLER PRPS HAD BEGUN CLEARING THE SITES, AND STOCKPILING ON-SITE THE MATERIALS WHICH WILL BE NECESSARY FOR THE CAP CONSTRUCTION, AS SOON AS ACCESS HAS BEEN OBTAINED. THE RESPONDENTS TO THE UAO FOR ACCESS OWN AND OPERATE A USED PARTS AND USED CAR BUSINESS AT THE TYLER. THE OPERATOR, RONALD GORNEY, IS PARTICULARLY CULPABLE BECAUSE HE DUMPED CONSTRUCTION DEBRIS ON TOP OF THE LANDFILL AT SOME PLACES, AND ALSO REMOVED THE EXISTING COVER, EXPOSING WASTE. THERE ARE SEVERAL ACRES OF JUNK CARS, ON TOP OF THE LANDFILL. THE ACCESS UAO REQUIRES BOTH R. GORNEY AND THE OWNERS TO REMOVE THE AUTOMOBILES, SETS CERTAIN TEMPORARY RESTRICTIONS ON USE OF THE PROPERTY DURING LANDFILL CON- STRUCTION, AND ADDITIONAL PERMANENT RESTRICTIONS THAT ARE DESIGNED TO PROTECT THE INTEGRITY OF THE MULTI-LAYER LAND- FILL CAP THAT WILL BE INSTALLED AT THE SITE.

Defendants (3)

• RONALD GORNEY
• TYLER STREET LANDFILLNamed in settlement
• MARK AND LINN GORNEY

Facilities (1)

• STICKNEY LDFL SITE--

  4032 CREEKSIDE AVE, TOLEDO, OH, 43612

  Registry ID: 110010628614

Statutes cited

• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• TYLER STREET LANDFILLentered 1997-10-03

  Primary law: CERCLA

Timeline (2 milestones)

• 1997-10-03Final Order Issued
• 1998-11-05Enforcement Action Data Entered