EPA v. SKINNER LANDFILL (DE MINIMIS)

Case summary

THE DECREE IS A REMEDIAL ACTION CONSENT DECREE (RA CONSENT DECREE) FOR THE IMPLEMENTATION OF THE REMEDIAL ACTION AT THE SKINNER LANDFILL SITE IN WEST CHESTER, OHIO. IN ADDITION, TO THE LIABILITY OF THE PARTIES WHICH WILL BE IMPLEMENTING THE REMEDIAL ACTION, THE RA CONSENT DECREE RESOLVES THE LIA- BILITY OF THE FOLLOWING PARTIES: (1) DE MINIMIS DEFENDANTS, (2) SEVERAL FEDERAL AGENCIES, THE MAJORITY OF WHOM ARE REACHING A SETTLEMENT ON A DE MINIMIS BASIS, AND (3) THE SITE OWNER/OPERATOR. LODGED SIMULTANEOUSLY AS THE RA CON- SENT DECREE WITH THE COURT, A SECOND CONSENT DECREE (MSW DECREE) RESOLVES THE LIABILITY OF SEVERAL MUNICIPALITIES AT THE SKINNER SITE UNDER THE AGENCY'S POLICY FOR MUNICIPALI- TY AND MUNICIPAL SOLID WASTE CERCLA SETTLEMENTS AT NPL CO- DISPOSAL SITES (FEBRUARY 5, 1998), ( MSW POLICY ). NATURE OF THE SETTLEMENT RA DECREE THE NEGOTIATED RA CONSENT DECREE PROVIDES THAT THE PRP WORK GROUP, THE SETTLING GENERATOR/TRANSPORTER DEFENDANTS, WHICH INCLUDES A CERTAIN MEMBERS OF THE EARLIER SKINNER LAND FILL PRP GROUP THAT COMPLETED THE REMEDIAL DESIGN AT THE SITE, AS WELL AS ADDITIONAL PARTIES, WILL CONSTRUCT THE EPA- APPROVED REMEDIAL DESIGN, WHICH IMPLEMENTED THE FINAL ROD FOR SKINNER SITE. ALTHOUGH BASED UPON THE MODEL RD/RA DE- CREE, THE ENCLOSED CONSENT DECREE CONTAINS A NUMBER OF UNUSUAL PROVISIONS: (1) THE FORGIVENESS OF FIXED AND CONDITIONAL AMOUNTS FOR ORPHAN SHARE, AND PROVISIONS FOR RE-CAPTURE OF THE CONDITION AL ORPHAN SHARE, IF CERTAIN REMEDIAL CONTINGENCIES DO NOT PROVE NECESSARY AT THE SITE; (2) PAYMENTS OF SETTLEMENT AMOUNTS DERIVED FROM DE MINIMIS SETTLEMENTS, SETTLEMENTS WITH FEDERAL PRPS, AND CERTAIN CASH -OUT DEFENDANTS WILL BE PLACED INTO A SITE-SPECIFIC ACCOUNT. UPON COMPLIANCE WITH CERTAIN PROCEDURES AND AT INTERVALS RELATED TO THE PROGRESS OF THE REMEDIAL CONSTRUCTION, 80% OF THOSE MONIES WILL BE DISBURSED TO THE SETTLING GENERATOR/ TRANSPORTER DEFENDATS, IN PARTIAL REIMBURSEMENT OF THE COSTS THEY HAVE EXPENDED FOR REMEDIAL ACTION AT THE SITE; (3) THE PROMOTION OF SITE RE-USE THROUGH THE OWNER/OPERATOR' S RESOLUTION OF HER LIABILITY BY THE GRANTING OF AN OPTION FOR THE PURCHASE OF THE SITE, WHICH CAN BE EXERCISED BY ONE OF THE SETTLING GENERATOR/TRANSPORTER DEFENDANTS, ASSUMING THERE IS AN EPA-APPROVED PLAN FOR SITE RE-USE. (4) THE SETTLING DEFENDANTS' WAIVER OF CLAIMS AGAINST PART- IES ENTERING INTO A SETTLEMENT WITH THE AGENCY UNDER THE AGENCY'S MUNICIPAL SETTLEMENT POLICY. IN ADDITION TO RESOLVING THE LIABILITY OF THE OWNER/OPERA- TOR AND THE PARTIES WHICH WILL BE IMPLEMENTING THE RA, THE CD RESOLVES THE LIABILITY OF DE MINIMIS DEFENDANTS, AND SEVERAL FEDERAL AGENCIES, THE MAJORITY OF WHOM ARE REACHING A SETTLEMENT ON A DE MINIMIS BASIS.

Defendants (68)

• CONSOLIDATED RAILNamed in settlement
• AMERICAN PREMIER UNDERWRITERS, INC.Named in settlement
• AMERICAN STANDARD, INC. FOR STEELCRAFTNamed in settlement
• AMFNamed in settlement
• ANCHOR HOCKING CORPORATIONNamed in settlement
• ANDREW JERGENS CORP.Named in settlement
• B.F. GOODRICH COMPANYNamed in settlement
• BAYER CORPORATIONNamed in settlement
• BFINamed in settlement
• BORDEN CHEMICAL , INC.Named in settlement
• BORDEN, INC.Named in settlement
• BP AMOCONamed in settlement
• BP EXPLORATION & OIL INC.Named in settlement
• BUTLER COUNTYNamed in settlement
• C.M. PAULA COMPANYNamed in settlement
• TYCO INTERNATIONAL (U.S.), INC.Named in settlement
• UNION CARBIDE CORPORATIONNamed in settlement
• UNITED WASTE WATER SERVICES, INC.Named in settlement
• VELSICOL CHEMICAL CORPORATIONNamed in settlement
• VILLAGE OF GLENDALENamed in settlement
• SKINNER LANDFILL (DE MINIMIS)Named in settlement
• SUN OIL COMPANYNamed in settlement
• TEXACO, INC.Named in settlement
• THE DOW CHEMICAL COMPANYNamed in settlement
• CINCINNATI ENQUIRERNamed in settlement
• …and 43 more

Facilities (1)

• SKINNER LANDFILL

  8750 CINCINNATI DAYTON HIGHWAY, WEST CHESTER, OH, 45069

  Registry ID: 110009304573

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SKINNER LANDFILL (DE MINIMUSentered 2001-04-02

  Primary law: CERCLA

Timeline (5 milestones)

• 2000-04-28Referred To Dept Of Justice
• 2000-05-28Final Order Lodged
• 2000-05-28Complaint Filed With Court
• 2000-10-11Enforcement Action Data Entered
• 2001-04-02Final Order Entered