EPA v. OTT/STORY/CORDOVA

Case summary

FOR THE GROUNDWATER TREATMENT PLANT CONSTRUCTED BY U.S. EPA, TREATMENT AT FULL DESIGN FLOW RATE WAS NOT POSSIBLE DUE TO LIMITED CAPACITY OF THE EXISTING CORDOVA TREATED WATER EFFLUENT DISCHARGE PIPE LINE THAT WAS BEING USED. IT WAS NECESSARY TO CONSTRUCT A NEW, LARGER EFFLUENT PIPELINE TO INCREASE THE FLOW OF GROUNDWATER UP TO FULL DESIGN CAPACITY. IT WAS NECESSARY TO OBTAIN EASEMENT ACCESS TO CONTINUE OPERA TION AND MAINTENANCE OF THE EXISTING PIPELINE AND TO ALLOW CONSTRUCTION OF THIS NEW EFFLUENT PIPE LINE. BECAUSE CSX DEMANDED COMPENSATION FOR THIS EASEMENT THAT WAS WELL ABOVE APPRAISED REAL ESTATE VALUE, U.S. EPA FOUND IT NECESSARY TO ISSUE THIS ADMININSTRATIVE ORDER FOR ACCESS, AND IS CURRENT- LY NEGOTIATING A LONGER TERM AGREEMENT TO INSURE ADEQUATE RE MUNERATION FOR CSX.

Defendants (4)

• OTT/STORY/CORDOVANamed in settlement
• CSX REAL ESTATENamed in settlement
• CSX REAL PROPERTYNamed in settlement
• CSX TRANSPORTATIONNamed in settlement

Facilities (1)

• CORDOVA CHEMICAL

  500 AGARD RD, NORTH MUSKEGON, MI, 49445

  Registry ID: 110001829512

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• OTT/STORY/CORDOVAentered 1999-02-11

  Primary law: CERCLA

Timeline (2 milestones)

• 1999-02-11Final Order Issued
• 1999-10-21Enforcement Action Data Entered