EPA v. SHELLY DITCH

Case summary

THE SHELLY DITCH IS AN INTERMITTENT STREAM THAT ACCEPTS SUR- FACE RUNOFF FROM THE NORTHEAST SECTOR OF THE TOWN OF CRAW- FORDS, INDIANA. SHELLY DITCH IS APPROXIMATELY 5,000 FEET LONG. THREE CULVERTS, OR OUT FALLS, LOCATED ON THE WEST PERIMETER OF THE RESPONDENT'S FACILITY AT 1204 DARLINGTON AVENUE, CRAWFORDSVILLE, INDIANA 47933 EMPTY INTO SHELLY DITCH. THE FACILITY, ESTABLISHED IN 1951, MANUFACTURES FRICTION PLATES FOR AUTOMATIC TRANSMISSIONS. ON MAY 8, 2000, U.S. EPA PERFORMED A SITE ASSESSMENT AT THE SHELLY DITCH SITE AND COLLECTED TWENTY-EIGHT SOIL/SEDI- MENT SAMPLES ALONG THE LENGTH OF DITCH. CHEMICAL ANALYSIS REVEALED ELEVATED CONCENTRATIONS OF PCBS AND LEAD FROM MANY OF THE SAMPLES. THE HIGHEST CONCENTRATION OF LEAD WAS 4,990 PPM AND PCB AROCLOR-1248 AT 4,730 PPM FROM SAMPLE A4S. THE SAMPLE WAS COLLECTED FROM THE SURFACE (0-6 INCHES) AT THE UPSTREAM END OF THE DITCH. THIS ORDER REQUIRES THE RESPONDENT TO CONDUCT REMOVAL ACTIVITIES DESCRIBED HEREIN TO ABATE AN IMMINENT AND SUB- STANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATEN- ED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE. RESPONDENT SHALL REIMBURSE U.S. EPA, UPON WRITTEN DEMAND, FOR ALL RESPONSE COSTS INCURRED BY THE UNITED STATES IN OVERSEEING RESPONDENT'S IMPLEMENTATION OF THE REQUIREMENTS OF THIS ORDER. VIOLATION OF ANY PROVISION OF THIS ORDER MAY SUBJECT RESPONDENT TO CIVIL PENALTIES OF UP TO $27,500 PER DAY.

Defendants (2)

• RAYBESTOS PRODUCTS COMPANYNamed in settlement
• SHELLY DITCHNamed in settlement

Facilities (1)

• SHELLY DITCH

  SOUTH OF VALLEY ST., CRAWFORDSVILLE, IN, 47933

  Registry ID: 110009350166

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SHELLY DITCHentered 2000-12-06

  Primary law: CERCLA

Timeline (4 milestones)

• 2000-12-06Final Order Issued
• 2001-01-22Enforcement Action Data Entered
• 2007-05-24Compliance Achieved
• 2007-07-17Enforcement Action Closed