EPA v. TREMONT CITY LANDFILL ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE BARREL FILL PORTION OF THE TREMONT CITY LANDFILL SITE IS ONE OF THREE DIVISIONS OF THE SITE, THE OTHER TWO BEING THE LANDFILL AND THE WASTE TRANSFER STATION. REGION 5 DEFINED THE BARREL FILL OPERABLE UNIT (BFOU) AS THE BARREL FILL AND ANY NEARBY AREAS AND/OR MEDIA CONTAMINATED FROM THE BARREL FILL. THERE ARE APPROXIMATELY 50,000 BARRELS BURIED IN THE BARREL FILL, CONTAINING PAINT SLUDGE, GLUES, RESINS, ADHESIVES, ASBESTOS, AND INK SLUDGE. THE CONDITION OF THE BARRELS, INCLUDING HOW MUCH OF THE BARRELS' CONTENTS HAVE ALREADY BEEN RELEASED, IS UNKNOWN. AFTER MONTHS OF REGION 5 NEGOTIATING WITH THE BARREL FILL GROUP (BFG, THE SEVEN PERFORMING RESPONDENTS LISTED IN THE AOC), THE REGION AND THE BFG AGREED TO AN AOC, SIGNED ON OCTOBER 3, 2002 BY THE SUPERFUND DIVISION, WHERE THE PERFORMING RESPONDENTS WILL CONDUCT A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY OF THE BFOU.

Defendants (7)

• DELPHI AUTOMOTIVE SYSTEMS LLCNamed in settlement
• FRANKLIN INTERNATIONAL, INC.Named in settlement
• GENERAL MOTORS CORPORATIONNamed in settlement
• INTERNATIONAL PAPER COMPANYNamed in settlement
• THE PROCTER & GAMBLE COMPANYNamed in settlement
• PPG INDUSTRIES, INC.Named in settlement
• WORTHINGTON CYLINDER CORPORATIONNamed in settlement

Facilities (1)

• TREMONT CITY LANDFILL

  3112 SNYDER-DOMER RD, TREMONT CITY, OH, 45372

  Registry ID: 110030434224

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 104E1 — Recordkeeping, Inspection, Information Request

Enforcement conclusions (1)

• TREMONT CITY LANDFILL BARREL FILL OU AOCentered 2002-10-03

  Primary law: CERCLA

Timeline (2 milestones)

• 2002-10-03Final Order Issued
• 2002-12-31Enforcement Action Data Entered