EPA v. RAMONA PARK BATTERY CASING

Case summary

THE SITE IS AN APPROXIMATELY FIVE AND ONE-HALF ACRE LOCATED IN A RESIDENTIAL-RECREATIONAL AREA AT 6255 AUBURN ROAD IN UTICA, MACOMB COUNTY, MICHIGAN. THE SITE IS SITUATED IN THE FLOOD PLAIN OF THE CLINTON RIVER AND CONTAINS A SIGNIFICANT QUANTITY OF LEAD-ACID BATTERY CASINGS. THE PRPS THAT HAVE SIGNED THIS AOC INCLUDE THE CURRENT PROPERTY OWNERS AND PARTIES THAT ARE ALLEGED TO HAVE ARRANGED FOR THE DISPOSAL OF LEAD BATTERIES THROUGH A LEAD RECLAIMING OPERATION WHICH DISPOSED OF THE CONTAMINATED CASINGS AT THE SITE. THESE PRPS ARE AMERITECH CORPORATION (MICHIGAN BELL TELEPHONE), AUBURN SUPPLY COMPANY, DAIMLERCHRYSLER CORPORATION, DETROIT EDISON COMPANY, EXIDE CORPORATION, FORD MOTOR CORPORATION, GENERAL MOTORS CORPORATION, AND NL INDUSTRIES, INC. A FEDERAL GOVERNMENT AGENCY, THE DEFENSE LOGISTICS AGENCY, IS ALSO SIGNING THIS AOC, AND IS REFERRED TO IN THE AOC AS THE SETTLING FEDERAL AGENCY. THE AOC REQUIRES THE RESPONDENTS TO EXCAVATE, TREAT AND DISPOSE OFF-SITE IN APPROPRAITE LANDFILLS ALL SOIL AND OTHER AND OTHER DEBRIS ON-SITE CONTAINING LEAD IN CONCENTRATIONS OF EQUAL TO OR GREATER THAN 400 PARTS PER MILLION (PPM). RESPONDENTS WILL ALSO CONDUCT POST RE- MOVAL TESTING FOR LEAD ON-SITE TO DEMONSTRATE THAT THE REMOVAL ACTION ACHIEVED THE CLEAN-UP GOAL. RESPONDENTS WILL REIMBURSE U.S. EPA FOR ALL COSTS OF OVERSEEING THE REMOVAL ACTION (SINCE JULY 9, 1999) UP TO A CAP OF $400,000. THE SETTLING FEDERAL AGENCY WILL PAY $50,000 TO THE RESPONDENTS FOR USE ON THE REMOVAL ACTION AND $50,000 TO THE HAZARDOUS SUBSTANCES SUPERFUND FOR FUTURE OVERSIGHT COSTS. AS PART OF THE SETTLEMENT, U.S. EPA WILL NOT PURSUE ITS PAST RE- SPONSE COSTS (INCURRED PRIOR TO MAY 14, 1998) OF $286,836.25 FROM THE RESPONDENTS OR THE SETTLING FEDERAL AGENCY. A NOTICE OF THE AOC WILL BE PUBLISHED IN THE FEDERAL REGISTER AND THE PUBLIC WILL BE PROVIDED 30 DAYS TO COMMENT BEFORE THE AOC WILL BECOME EFFECTIVE.

Defendants (9)

• DETROIT EDISON COMPANY
• RAMONA PARK BATTERY CASINGNamed in complaintNamed in settlement
• FORD MOTOR CORPORATION
• GENERAL MOTORS CORPORATION
• NL INDUSTRIES, INC.,
• AUBURN SUPPLY COMPANY
• DAIMLERCHRYSLER CORPORATION
• DEFENSE LOGISTICS AGENCY
• EXIDE CORPORATION

Facilities (1)

• RAMONA PARK SANITARY LANDFILL

  6255 ASHBURN ROAD, UTICA, MI, 48315

  Registry ID: 110009292078

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• RAMONA PARK BATTERY CASINGentered 2000-09-29

  Primary law: CERCLA

Timeline (3 milestones)

• 2000-09-29Final Order Issued
• 2000-10-18Enforcement Action Data Entered
• 2003-09-22Enforcement Action Closed