EPA v. XXKEM FACILITY

Case summary

PURSUANT TO THE CONSENT ORDER, RESPONDENT WILL REIMBURSE EPA FOR PAST COSTS ASSOCIATED WITH THE SITE. DOCUMENTATION IS CURRENTLY BEING PREPARED BY EPA FOR SUBMITTAL TO RESPONDENT. PAST COSTS ARE ESTIMATED AT $150,000. UNDER THIS SETTLEMENT, THE RESPONDENT, SAFETY KLEEN, ASSUMES FULL RESPONSIBILITY FOR THE OPERATION AND MAINTENANCE OF THE LEACHATE COLLECTION SYSTEM, AND IF DETERMINED TO BE NECESSARY BY EPA, LNAPL REMOVAL. THIS SITE IS THE FORMER LOCATION OF AN INDUSTRIAL WASTE DISPOSAL LAGOON IMPROPERLY CLOSED IN 1981. HIGHLY CONTAMINATED SLUDGES AND SOILS WERE LEFT IN PLACE RESULTING IN THE MITIGATION OF HIGH CONCENTRA- TIONS OF HAZARDOUS SUBSTANCES FROM THE LAGOON AREA THROUGH THE ADJACENT STICKNEY AVENEUE LANDFILL SITE AND TOWARD THE OTTAWA RIVER. LEACHATE EXTRACTION WILL CONTINUE UNTIL EPA DETERMINES THAT THE PERFORMANCE STANDARDS HAVE BEEN FULLY SATISFIED BY THE RESPONDENT. THE STICKNEY AVENUE LANDFILL AND THIS PORTION OF THE XXKEM SITE WERE COVERED WITH A MULTI-LAYERED ENGINEER ED CAP IN 1998. THIS EXTRACTION SYSTEM IS DESIGNED TO PRE- VENT THE CONTINUED MOVEMENT OF LEACHATE TOWARD THE OTTAWA RIVER DURING THE DEWATERING PROCESS (LOWERING OF WATER LEVEL S WITHIN THE LANDFILL MASS AS THE COVER SYSTEM BECOMES FULLY EFFECTIVE BY ELIMINATING THE INFILTRATION OF PRECIPITATION) THIS ACTION IS A CONTINUATION OF THE RESPONSE ACTION INITIA LLY UNDERTAKEN BY THE CITY OF TOLEDO. UNDER A SEPARATE CONSENT ORDER (DOCKET V-W-98-C-477), EFFECTIVE JUNE 8, 1998, THE CITY OF TOLEDO CONSTRUCTED THE LEACHATE EXTRACTION SYSTEM AND CONDUCTED A PERFORMANCE DEMONSTRATION TEST OF THE SYSTEM TO VERIFY OPERATION CONSISTENT WITH THE DESIGN AND PERFORMANCE OBJECTIVES.

Defendants (3)

• INLAND CHEMICAL CORPORATIONNamed in settlement
• SAFETY KLEEN ENVIROSYSTEMS COMPANYNamed in settlement
• XXKEM FACILITYNamed in settlement

Facilities (1)

• XXKEM COMPANY

  3903 STICKNEY AVE, TOLEDO, OH, 43608

  Registry ID: 110004730355

Statutes cited

• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• XXKEM FACILITYentered 1998-11-14

  Primary law: CERCLA

Timeline (2 milestones)

• 1998-11-14Final Order Issued
• 1999-04-01Enforcement Action Data Entered