EPA v. FOUR COUNTY LANDFILL

Case summary

THIS REFERRAL SEEKS RECOVERY OF COSTS INCURRED BY U.S. EPA/ REGION 5 IN SUPPORT OF A REMEDIAL INVESTIGATION, FEASIBILITY STUDY AND REMEDY SELECTION FOR THE FOUR COUNTY LANDFILL SITE IN RURAL FULTON COUNTY, INDIANA. THE LANDFILL WAS INITIALLY AUTHORIZED TO ACCEPT ONLY MUNI- CIPAL WASTE WHEN IT BEGAN OPERATING IN 1972 OR 1973, BUT BY THE EARLY 1980'S ACCEPTED PRIMARILY INDUSTRIAL HAZARDOUS WASTES. USEPA INITIATED THE HRS SCORING PROCESS FOR PLACE- MENT OF THE SITE ON THE NPL EARLY IN THE 1990S, BUT BY JANU- ARY 1992, REGION 5 AGREED THAT THE STATE OF INDIANA SHOULD ADDRESS THE SITE AS A STATE ENFORCEMENT LEAD UNDER STATE LEGAL AUTHORITIES. THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT CONCLUDED AN AGREEMENT FOR AN RI/FS WITH A GROUP OF NEARLY 40 PRPS IN AUGUST 1993. THE PRP GROUP PERFORMED RI/FSS FOR OU 1 AND 2, AND FEASIBILITY STUDIES FOR OU 1 AND 2. IDEM ISSUED A ROD FOR OU1 THAT WAS IMPLEMENTED IN 1999. IDEM ISSUED A PROPOSED PLAN FOR OU2 IN EARLY 2001. USEPA HAS NOT BEEN INVOLVED IN THE REMEDY CONSTRUCTION, BUT ASSISTED THE EFFORTS OF THE STATE AND THE PRP GROUP BY COMPLETING A WASTE-IN TRANSACTIONAL DATABASE AND VOLUMETRIC RANKING IN 1994, AND BY REVIEWING DOCUMENTS GENERATED BY PRPS AND IDEM IN THE PRE-REMEDIAL PROCESS, INCLUDING THE REMEDIAL INVESTIGATION REPORTS, THE FEASIBILITY STUDIES, AND THE ROD FOR OU1. REGION 5 ANTICIPATES MOST ADDITIONAL COSTS FOR REVIEW OF THE ROD FOR OU2 WHEN IT IS ISSUED.

Defendants (60)

• CHICAGO TRANSIT AUTHORITY
• UNITED TECHNOLOGIES AUTOMOTIVENamed in settlement
• AMERICAN STANDARD, INC.Named in complaintNamed in settlement
• APPLETON ELECTRICNamed in settlement
• AT&T CORP./LUCENT TECHNOLOGIES
• CHEM-MET SERVICES, INC.
• CITY OF KOKOMO
• CONTINENTAL STEEL
• CORNING INC.Named in settlement
• DE-WELL PRODUCTS, INC., D/B/A INVERNESS
• DELTA FAUCET COMPANYNamed in settlement
• EATON CORPORATION, F/K/A AEROQUIP CORP.Named in settlement
• ELAN ASSOCIATES
• ELECTROCHEMICAL COATINGS INCNamed in settlement
• ENVIRO CHEMICAL CORP.
• ENVIRONMENTAL WASTE CONTROL
• EXIDE CORPORATIONNamed in settlement
• FOUR COUNTY LANDFILL
• GENCORP (GENERAL TIRE)Named in settlement
• GENERAL MOTORS CORPORATION, DELCONamed in settlement
• GLOBE VALVE CORPORATIONNamed in settlement
• GRAND HAVEN BRASS FOUNDRYNamed in settlement
• INDIANA DEPARTMENT OF TRANSPORTATION
• INLAND STEEL COMPANYNamed in settlement
• LTV STEEL COMPANY/REPUBLIC STEELNamed in settlement
• …and 35 more

Facilities (1)

• FOUR COUNTY LANDFILL

  SR 17 & CR 525 NORTH, ROCHESTER, IN, 46975

  Registry ID: 110068008694

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• FOUR COUNTY - STIPULATION OF DISMISSAL - LTV STEELentered 2003-10-14

  Primary law: CERCLA

• FOUR COUNTY - STIPULATION OF DISMISSAL - EXIDEentered 2003-02-06

  Primary law: CERCLA

• FOUR COUNTY LANDFILL CD (GROUP DEFENDANTS)entered 2003-02-06

  Primary law: CERCLA

• FOUR COUNTY LANDFILL CD (PERMA-FIX)entered 2003-02-06

  Primary law: CERCLA

Timeline (5 milestones)

• 2001-06-20Referred To Dept Of Justice
• 2001-07-13Complaint Filed With Court
• 2001-10-10Enforcement Action Data Entered
• 2002-10-15Final Order Lodged
• 2003-10-14Final Order Entered