EPA v. THIRD SITE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

UNDER THIS PROPOSED SETTLEMENT, 77 DE MINIMIS SETTLORS (REPRESENTING 81POTENTIALLY RESPONSIBLE PARTIES ( PRPS )) AND TWO FEDERAL DE MINIMIS SETTLORS HAVE AGREED TO PAY A TOTAL OF $ 3,083,555.54 INTO AN ESCROW ACCOUNT TO BE HELD FOR PAYMENT OF U.S. EPA'S RESPONSE COSTS AND FOR FUNDING THE REMOVAL ACTIONS TO BE PERFORMED AT THE SITE. IN ADDITION, 34 NON-DE MINIMIS SETTLORS (REPRESENTING 35 PRPS) HAVE AGREED TO PERFORM THE RESPONSE ACTIONS SELECTED FOR THE SITE BY U.S. EPA AND TO PAY ALL OF U.S. EPA'S OVERSIGHT COSTS ASSOCIATED WITH THE WORK. ZIONSVILLE THIRD SITE IS A 2-ACRE PARCEL ADJACENT TO THE ENVIROCHEM SUPERFUND SITE. THE SITE SERVED AS A STAGING AREA FOR HAZARDOUS SUBSTANCES SENT TO THE ENVIROCHEM SITE. IT ALSO INCLUDES A MAN-MADE RECREATIONAL POND, WHICH IS USED BY A NEARBY RESIDENCE FOR FISHING AND SWIMMING, AND A PORTION OF THE CREEK BED FOR FINLEY CREEK. FINLEY CREEK FLOWS INTO EAGLE CREEK, WHICH EMPTIES INTO THE EAGLE CREEK RESERVOIR. EAGLE CREEK RESERVOIR SUPPLIES APPROXIMATELY 6% OF THE DRINKING WATER SUPPLY FOR THE CITY OF INDIANAPOLIS. THIRD SITE WAS IDENTIFIED AS A SIGNIFICANT, DISCRETE AREA OF CONTAMINATION DURING THE LATE STAGES OF RD/RA CONSENT DECREE NEGOTIATIONS FOR THE ENVIROCHEM SITE. SOILS LOCATED BETWEEN THE POND AND THE CREEK BED ARE CONTAMINATED WITH HIGH CONCENTRATIONS OF VOLATILE ORGANIC COMPOUNDS. SIMILAR CONTAMINANTS WERE DETECTED (AT LOWER LEVELS) IN THE CREEK AND IN SHALLOW GROUNDWATER. THE PARTIES (INCLUDING THE DEPARTMENT OF JUSTICE) DECIDED THAT THIRD SITE SHOULD NOT BE INCLUDED IN THE ENVIROCHEM REMEDY, AND COULD BE ADDRESSED MOST EFFECTIVELY AS A SEPARATE REMOVAL ACTION. AS A RESULT, THE SITE WAS EXCLUDED FROM THE COVENANTS NOT TO SUE PROVIDED IN THE ENVIROCHEM CONSENT DECREE. | BECAUSE THE SITE WAS USED AS A STAGING AND OVERFLOW AREA DURING THE ENTIRE LIFE OF THE ENVIROCHEM SITE, ALL POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) AT THE ENVIROCHEM SITE ARE PRPS AT THE ZIONSVILLE THIRD SITE AS WELL. THE VOLUMETRIC RANKING FOR ENVIROCHEM IDENTIFIES APPROXIMATELY 500 PRPS. ON MARCH 22, 1996, U.S. EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER ( UAO ) PURSUANT TO CERCLA SECTION 106(A), 42 U.S.C. ?9606(A), TO THE OWNERS AND THE 39 LARGEST GENERATORS AT THE SITE. THE UAO REQUIRED THE REALIGNMENT OF THE PORTION OF FINLEY CREEK THAT FLOWS THROUGH THE SITE, AWAY FROM THE AREA WHERE HIGH CONCENTRATIONS OF ORGANIC COMPOUNDS WERE PRESENT IN SOILS THAT COULD HAVE WASHED AWAY INTO THE CREEK. U.S. EPA LIMITED THE UAO TO THE LARGEST PARTIES IN ORDER TO EXPEDITE PERFORMANCE OF THIS LIMITED, TIME CRITICAL REMOVAL ACTION. AT THE SAME TIME, U.S. EPA ISSUED A NOTICE LETTER TO ALL PRPS AT THE SITE INFORMING THEM THAT THEY WOULD BE INCLUDED IN LATER PHASES OF THE ENFORCEMENT PROCESS. ON JUNE 9, 1999, U.S. EPA ENTERED AN ADMINISTRATIVE ORDER ON CONSENT ( AOC ) WITH APPROXIMATELY 324 PRPS (AFTER RECEIVING PRIOR WRITTEN APPROVAL FROM THE U.S. DEPARTMENT OF JUSTICE). UNDER THAT AOC, 222 DE MINIMIS SETTLORS PAID A TOTAL OF $1,504,754 INTO AN ESCROW ACCOUNT TO BE HELD FOR PAYMENT OF U.S. EPA'S RESPONSE COSTS AND FOR FUNDING THE REMOVAL ACTIONS TO BE PERFORMED AT THE SITE. IN ADDITION, 102 NON-DE MINIMIS SETTLORS (INCLUDING TWO FEDERAL PRPS) AGREED TO: (1) PERFORM THE ENGINEERING EVALUATION/COST ANALYSIS ( EE/CA ); (2) PAY $28,102.59 TO REIMBURSE ALL OF U.S. EPA'S PAST RESPONSE COSTS; AND (3) PAY ALL OF U.S. EPA'S OVERSIGHT COSTS ASSOCIATED WITH THE EE/CA. ALL OF THE SETTLING PARTIES ALSO RECEIVED A

Defendants (88)

• DETREX CORPORATIONNamed in settlement
• EXXON MOBIL CORPORATION FOR MOBIL OIL CORPORATIONNamed in settlement
• FORD MOTOR COMPANYNamed in settlement
• FREIGHTLINER LLC (FORMERLY FREIGHTLINER CORP.)Named in settlement
• HONEYWELL INTERNATIONAL INC.Named in settlement
• JCI JONES CHEMICALS, INC.Named in settlement
• JEFFBOAT LLCNamed in settlement
• KIMBERLY CLARK CORPORATIONNamed in settlement
• LIBERTY SOLVENTS & CHEMICALSNamed in settlement
• PRATT & LAMBERTNamed in settlement
• RADIO MATERIALS CORPORATIONNamed in settlement
• RCA CORPORATIONNamed in settlement
• S.C. JOHNSON & SON, INC.Named in settlement
• STOLLE CORPORATIONNamed in settlement
• LUCENT TECHNOLOGIES (AT&T)Named in settlement
• MAYTAG CORPORATION (JENN-AIR)Named in settlement
• TYCO INTERNATIONAL (US) INC. (LUDLOW CORPORATION)Named in settlement
• UNION CARBIDE CORPORATIONNamed in settlement
• WASTE RESEARCH & RECLAMATION CO., INC.Named in settlement
• WHIRLPOOL CORPORATIONNamed in settlement
• ALCOA INC.Named in settlement
• FARM CREDIT SERVICES OF MID-AMERICANamed in settlement
• FREUDENBERG-NOKNamed in settlement
• GEN CORP INC (GENERAL TIRE)Named in settlement
• ANDERSON DEVELOPMENT COMPANYNamed in settlement
• …and 63 more

Facilities (1)

• THIRD SITE

  985 S SR 421, ZIONSVILLE, IN, 46077

  Registry ID: 110071101951

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104E1 — Recordkeeping, Inspection, Information Request
• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (2)

• THIRD SITE ADMIN ORDER ON CONSENT (CERCLA)entered 2016-12-12

  Primary law: CERCLA

• ZIONSVILLE THIRD SITE DE MINIMIS AOCentered 2002-11-21

  Primary law: CERCLA

Timeline (3 milestones)

• 2003-01-03Enforcement Action Data Entered
• 2016-12-12Final Order Issued
• 2016-12-16Amended Administrative Order