EPA v. MENARDS DDS

Case summary

SITE WAS USED AS AN UNLICENSED DUMP BY A PREVIOUS OWNER, NOW DECEASED, FROM 1970 THROUGH 1982. IN ADDITION, TO EXEMPT SOLID WASTE, THE PREVIOUS SITE OWNER ALSO DISPOSED OF REGU- LATED WASTE, INCLUDING METAL, WOOD, FOUNDRY WASTE, CRUSHED DRUMS, SLAG-TYPE BOILER WASTE, AND VARIOUS SLUDGES. IN 1983, THE CURRENT OWNER, MENARD, UNCOVERED BARRELS DURING EXCAVATION ACTIVITIES. SEVERAL OF THESE BARRELS RUPTURED WHILE MENARD PERSONNEL WERE MOVING THEM, SPILLING THEIR CONTENTS AT THE SITE. MENARD NOTIFIED WDNR, WHO EVENTUALLY REFERRED THE SITE TO U.S. EPA. IN APRIL 1987, U.S. EPA NEGOTIATED AN AOC WITH ACME PRINTING, A GENERATOR PRP AT THE SITE, TO CONDUCT A RI/FS AT THE SITE. IN SEPTEM- BER 1991, U.S. EPA NEGOTIATED AN AOC WITH MENARD TO CONDUCT THE RD AT THE SITE. U.S. EPA HAS RECOVERED ALL COSTS ASSOCIATED WITH THESE TWO AOCS. U.S. EPA ATTEMPTED TO NEGOTIATE AN AOC WITH BOTH MENARD AND ACME, NOW KNOWN AS INX INTERNATIONAL INC, AND SEVERAL OTHER GENERATOR PRPS. HOWEVER, THESE NEGOTIATION FAILED, AND IN APRIL 1993, U.S. EPA ISSUED AN UAO TO THE PRPS TO PERFORM THE RA. THE PRPS COMPLETED THE RA IN SEPTEMBER 1994 5SINCE THAT TIME, U.S. EPA HAS ISSUED SEVERAL DEMANDS FOR PAYMENT OF U.S. EPA'S OVERSIGHT COSTS, CURRENTLY TOTALING $476,230.10, WITHOUT INTEREST.

Defendants (17)

• BRIGGS & STRATTON CORPORATIONNamed in complaintNamed in settlement
• CARDINAL FABRICATING CORPORATIONNamed in complaintNamed in settlement
• COOPER POWER SYSTEMS, INC.Named in complaintNamed in settlement
• GIDDINGS & LEWIS, INC.Named in complaintNamed in settlement
• INX INTERNATIONAL INK COMPANY, INC.Named in complaintNamed in settlement
• J.I. CASE COMPANY
• KRAMER BRASS FOUNDRY INC.
• LADISH COMPANY, INC.Named in complaintNamed in settlement
• MACWHYTE COMPANY, INC.Named in complaintNamed in settlement
• MENDARDS DDSNamed in complaintNamed in settlement
• MILLER BREWING COMPANYNamed in complaintNamed in settlement
• SERVICE PAINTING CORPORATIONNamed in complaintNamed in settlement
• SUNSTRAND CORPORATION
• SUPREME CASTING, INC.Named in complaintNamed in settlement
• THE FALK CORPORATIONNamed in complaintNamed in settlement
• THE MANITOWOC COMPANY, INC.Named in complaintNamed in settlement
• WAUKESHA ENGINE, A DIV. OF DRESSER IND.Named in complaintNamed in settlement

Facilities (1)

• FADROWSKI DRUM DISPOSAL SITE

  6865 S 27TH ST, FRANKLIN, WI, 53132

  Registry ID: 110005460795

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MENARDS DDSentered 2000-12-12

  Primary law: CERCLA

Timeline (5 milestones)

• 1999-06-11Referred To Dept Of Justice
• 1999-08-13Enforcement Action Data Entered
• 2000-10-05Final Order Lodged
• 2000-10-05Complaint Filed With Court
• 2000-12-12Final Order Entered