EPA v. LAKELAND DISPOSAL SERVICE, INC.

Case summary

IN ACCORDANCE WITH SECTION 122 (I) (1) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED (CERCLA), U.S. EPA GIVES NOTICE OF A PROPOSED ADMINISTRATIVE SETTLEMENT CONCERNING THE REMEDIAL ACTION AT THE LAKELAND DISPOSAL SERVICE, INC., SUPERFUND SITE, CLAYPOOL, COUNTY OF KOSCIUSKO, INDIANA (THE SITE). THE PROPOSED AGREEMENT WILL RESOLVE ISSUES CONCERNING ONE INDIVIDUAL DE MINIMIS LANDOWNER AT THE SITE. U.S. EPA HAS PREVIOUSLY SUBMITTED THE PROPSED AGREEMENT TO THE U.S. DEPARTMENT OF JUSTICE FOR REVIEW AND HAS RECEIVED ITS APPROVAL FOR THE PROPOSED AGREEMENT VIA LETTER DATED JUNE 6, 1997. THE FOLLOWING PARTIES HAVE EXECUTED BINDING CERTIFICATIONS OF THEIR CONSENT TO PARTICIPATE IN THE SETTLEMENT: DANA CORPORATION; EATON CORPORATION; GENERAL MOTORS CORPORATION; UNITED TECHNOLOGIES AUTOMOTIVE, INC.; AND WARSAW BLACK OXIDE, INC. (COLLECTIVELY, THE UAO GROUP); DAVID W. POAGE, AN INDIVIDUAL; AND THE DIRECTOR, SUPERFUND DIVISION, U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 5, 77 W. JACKSON BOULEVARD, CHICAGO, ILLINOIS 60604-3590. SUMMARY OF THE SETTLEMENT; DAVID W. POAGE WONS APPROXIMATELY SEVEN AND ONE-HALF (7.5) ACRES OF PROPERTY LOCATED ENTIRELY WITHIN THE BOUNDARIES OF THE SITE AND DID NOT HIMSELF CONTRIBUTE ANY WASTES TO THE SITE. THE RECORD OF DECISION (ROD) FOR THE SITE, ISSUED ON SEPTEMBER 28, 1993, CONTEM- PLATED THAT DEED RESTRICTIONS AND INSTITUTIONAL CONTROLS WOULD BE AN IMPORTANT PART OF THE REMEDY. THE SETTLEMENT PROVIDES: THAT THE UAO GROUP WILL COMPENSATE MR. POAGE FOR THE LOSS OF USE OF HIS PROPERTY; THAT MR. POAGE WILL ESTABLISH THE CONTRACTUAL ACCESS PROVISIONS AND DEED RESTRICTIONS NECESSARY TO EFFECT THE ON-GOING RE- MEDIATION OF THE SITE PROSCRIBED BY THE ROD; AND THAT MR. POAGE WILL CONVERT THESE CONTRACTUAL PROMISES TO THE FORM OF AN ENVIRONMMENTAL EASEMENT, IF U.S EPA REQUEST THAT HE DO SO. U.S. EPA WILL RECEIVE WRITTEN COMMENTS RELATING TO THIS SETTLEMENT AGREEMENT FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PUBLICATION OF THIS NOTICE. THIS IS A DE MINIMIS LANDOWNER SETTLEMENT PURSUANT TO SECTION 122(G)(4) OF CERCLA. THE RESPONDENT LANDOWNER IS A LOW INCOME PROPERTY OWNER WITH LAND ON AND ADJACENT TO THE SITE. AS A RESULT OF THE REMEDIAL ACTION AT THE SITE, THE LANDOWNER WILL LOSE USE OF THE ON-SITE LAND, AND WILL LOSE NUMEROUS TREES THAT HE PLANTED ON THE ON-SITE PORTION OF HIS LAND. THE SETTLEMENT PROVIDES THAT THE MAJOR PRP GROUP CONDUCTING RD/RA ACTIVITIES AT THE SITE WILL PAY $50,000 TO THE LANDOWNER FOR LOSS OF USE OF THIS PROPERTY AND LOSS OF THE VALUE OF HIS TREES.

Defendants (1)

• LAKELAND DISPOSAL SERVICE, INC.Named in complaintNamed in settlement

Facilities (1)

• LAKELAND DISPOSAL SERVICE, INC.

  450 W 600 S, CLAYPOOL, IN, 46510

  Registry ID: 110007567374

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• LAKELAND DISPOSAL SERVICE, INC.entered 1999-07-02

  Primary law: CERCLA

Timeline (2 milestones)

• 1999-07-02Final Order Issued
• 1999-11-22Enforcement Action Data Entered