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05-2003-0424Administrative - FormalFinal Order IssuedFY 2003· Region 05

EPA v. BOERKE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

Effective date of AOC is 2/26/2003. The United States EPA has concluded that all work under the Order has been fully performed, except for certain continuing obligations. The Respondents have also completed additional remedial activities at the Site under the Wisconsin Voluntary Clean-Up program, and the State of Wisconsin has issued two Final Case Closure with Condnuing Obligations Letters, dated October 21,2014, which the State will oversee. Therefore, the Order is terminated, subject to Respondents completing certain obligations. THE AOC FOR BOERKE ADDRESSES ARSENIC CONTAMINATION IN SOILS AND SEDIMENTS THAT EXCEED 40 PPM. THE AOC IS FOR A REMOVAL ACTION TO REMOVE AND DISPOSE THIS MATERIAL.

Defendants (2)

  • E.I. DUPONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement
  • EPEC (EL PASO ENERGY CORPORTATION) POLYMERS, INCNamed in complaintNamed in settlement

Facilities (1)

  • BOERKE

    5TH & RYAN ROAD, SW QUARTER SEC 24, T5N, OAK CREEK, WI, 53154

    Registry ID: 110009317854

Statutes cited

  • CERCLA 122AAgreement to Perform Work Under 104B
  • CERCLA 107ACost Recovery
  • CERCLA 104E2Information and/or Access
  • CERCLA 106AImminent & Substantial Endangerment Order

Enforcement conclusions (2)

  • BOERKE ADMIN ORDER ON CONSENTentered 2003-02-25

    Primary law: CERCLA

  • BOERKE ADMIN ORDER ON CONSENT (CERCLA)entered 2015-02-13

    Primary law: CERCLA

Timeline (2 milestones)

  • 2003-04-18Enforcement Action Data Entered
  • 2015-02-13Final Order Issued

Case metadata

EPA activity ID
95117
Case number
05-2003-0424
Lead agency
EPA
EPA region
05
Voluntary self-disclosure
No
Primary statute
Agreement to Perform Work Under 104B

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2003-0424 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.