EPA v. LITTLE MISSISSINEWA RIVER

Case summary

THE SITE, WHICH IS LOCATED IN UNION CITY, INDIANA, CONSISTS OF THE LITTLE MISSISSINEWA RIVER, ITS ASSOCIATED FLOODPLAIN, A PORTION OF THE UNION CITY CEMETERY AND A PORTION OF HARTER PARK. THE LITTLE MISSISSINEWA RIVER FLOWS THROUGH HARTER PARK. HARTER PARK IS 51 ACRES AND IS LOCATED IN THE NORTH- ERN SECTION OF THE SITE. APPROXIMATELY 8.6 ACRES OF THE PARK, INCLUDING A HORSE TACK, IS CONSIDERED TO BE WITHIN THE SITE. THE CEMETERY, WHICH IS ABOUT 26 ACRES, IS LOCATED SOUTH OF HARTER PARK. ABOUT 2.5 ACRES OF THE CEMETERY IS INCLUDED IN THE SITE. THE REMAINING LAND SURROUNDING THE SITE IS UTILIZED FOR A MIX OF INDUSTRIAL, RESIDENTIAL AND AGRICULTURAL PURPOSES. THE WESTINGHOUSE FACILITY, NOW OWNED BY VIACOM, FACILITY IS LOCATED ON WESTINGHOUSE ROAD LESS THAN ONE HALF MILE WEST OF UNION CITY. WESTINGHOUSE OPERATED A SMALL MOTOR MANUFAC- TURING PLANT NEAR THE SITE FROM CIRCA 1950 TO 1986. A.O. SMITH PURCHASED THE FACILITY IN 1986. WESTINGHOUSE REPUR- CHASED THE FACILITY IN JANUARY 1987. HYDRAULIC MECHANICS EMPLOYED IN THE MANUFACTURING PROCESS AT THE WESTINGHOUSE FACILITY USED VARIOUS LUBRICATING OILS CONTAINING PCBS. IN ADDITION, PAINTS AND SOLVENTS WERE USED DURING THE MANUFAC- TURING PROCESS. RECORDS INDICATE THAT AN UNDETERMINED NUMBER OF OBSOLETE PAINT BARRELS, PAINT SLUDGE, AND OILS WERE BURIED IN THE NORTHEAST CORNER OF THE PARKING LOT BETWEEN 1965 AND 1970. OTHER WASTES SUSPECTED IN THIS AREA INCLUDE WASTE OIL (POSSIBLY HYDRAULIC, CUTTING, LUBRICATING AND COOLANT), SOLVENTS, METAL SHAVINGS AND VARNISH. THE FORMER UNITED TECHNOLIGIES CORPORATION (UTC) (AKA SHELLER GLOBE) IS LOCATED AT 1225 WEST PEARL STREET, IN UNION CITY. FROM 1910 TO 1953, UNION CITY BODY COMPANY OWN- ED AND OPERATED THE FACILITY AND MANUFACTURED VEHICLE BODIES IN 1953, THE PLANT WAS BOUGHT FROM UNION CITY BODY COMPANY BY WHAT BECAME SHELLER-GLOBE, HARDY DIVISION. THE PRINCIPAL MANUFACTURING PROCESS AT THE PLANT SINCE 1953 WAS METALWORK- ING USING SCREW MACHINES, STAMPING, DIE CASTING, PAINTING, AND METAL PLATING. THE FACILITY ALSO PERFORMED DEGREASING AND SOLVENT DISTILLATION. THE PLANT CEASED OPERATIONS IN AUGUST 1991. A PORTION OF SHELLER GLOBE HARDY WAS PURCHASED BY UNITED TECHNOLOGIES AUTOMOTIVE (UTA) IN DECEMBER 1988. UTC PURCHASED THE REMAINDER OF SHELLER GLOBE HARDY IN NOVEMBER 1989. UTA IS A SUBSIDIARY OF UTC. BOTH PARTIES HAVE INDUSTRIAL AND/OR STORMWATER OUTFALLS THAT DISCHARGE INTO THE LITTLE MISSISSINEWA RIVER. BOTH PARTIES CONDUCTED VARIOUS INVESTIGATIVE AND CLEAN-UP ACTIVI- TIES AT THEIR RESPECTIVE FACILITIES IN THE LATE 1980S AND EARLY 1990S. ON AUGUST 25, 1997, IDEM ISSUED SPECIAL NOTICE OF POTENTIAL RESPONSIBILITY FOR PCB RELEASES INTO THE LITTLE MISSISSINEWA RIVER TO SPECIAL AGENTS FOR FRANK MILLER LUMBER AND WESTINGHOUSE. IN DECEMBER 1997, THE HRS PACKAGE FOR THE INCLUSION OF THE WESTINGHOUSE SITE ON THE NPL WAS SUBMITTED TO EPA. IN DECEMBER 1993, UNITED TECHNOLOGIES CORPORATION ENTERED INTO IDEM'S VOLUNTARY REMEDIATION PROGRAM. AS A RESULT OF ENTERING INTO THE PROGRA, UTC HAS REMOVED SEVERAL BELOW SURFACE PLATING VATS FROM INSIDE THE UTC FACILITY AND CONTAMINATED SUBSURFACE SOILS THAT HAVE BEEN STOCKPILED AND DRUMMED IN THE PLANT BUILDING. THE WASTEWATER TREATMENT FACILITY ALSO WAS REMOVED AND HAS BEEN FILLED WITH SOIL. THE WASTEWATER FACILITY IS NOW VEGETATED WITH GRASSES. ON OCTOBER 21, 1999, UTC SUBMITTED AN ENGINEERING EVALUATION/ COST ANALYSIS (EE/CA) FOR THE REMEDIATION OF THE SITE. ON JUNE 12, 2000, AFTER NEGOTIATIONS WITH UTC HAD FAILED TO REACH A COMPROMISE, IDEM REFERRED THE SITE TO EPA. FOLLOW- ING THE REFERRAL, EPA CONDUCTED AN ASSESSMENT OF THE SITE. IN ADDITION TO REVIEWING THE PREVIOUS SAMPLING, ON AUGUST 15 2000, EPA COLLECTED SAMPLES AT THE SITE. THE RESULT DETECT- ED PCB CONCENTRATIONS AT NON-DETECT

Defendants (1)

• LITTLE MISSISSINEWA RIVERNamed in settlement

Facilities (1)

• LITTLE MISSISINEWA RIVER

  10 MILE STRETCH OF RIVER, UNION CITY, IN, 47390

  Registry ID: 110012140502

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LITTLE MISSISSINEWA RIVERentered 2001-03-22

  Primary law: CERCLA

Timeline (2 milestones)

• 2001-03-22Final Order Issued
• 2001-04-16Enforcement Action Data Entered