EPA v. SHEBOYGAN HARBOR & RIVER CONSENT DECREE (CERCLA)

Case summary

BRIEF DESCRIPTION: � PRP for this portion of River is Tecumseh Products, Inc. (Sheboygan Falls, Wisconsin). � Site extends ~14 miles through Sheboygan Falls, Kohler, and Sheboygan, Wisconsin. � Technically complicated river PCB site. � Host of complicating factors: issuance of new model CD during moratorium, National Academy of Sciences/National Research Counsel report on river PCB sites, and difficulties resolving issues with State. � Includes Sheboygan Harbor, and lower Sheboygan River, which discharges into Sheboygan Harbor. � Sheboygan River drains into Lake Michigan; source of drinking water for ~58,000 people within Sheboygan/Sheboygan Falls/Kohler metropolitan area. � Sediments are contaminated with PCBs and a wide variety of heavy metals. � Soils & surface H2O contaminated with PCBs and heavy metals (As, Chr, Cu, Pb, & Zn). � Fish and wildlife contaminated with PCBs. BACKGROUND: � 1977: State of Wisconsin detected PCBs during routine sampling of fish. � Since then, PCBs have been detected in fish, wildlife, surface water, sediments in harbor and river, and in flood plain soils. � Highest concentrations of PCBs detected in sediments immediately downstream from die-casting plant in Sheboygan Falls. Concentrations decline farther downstream from plant. � 1978: PRP excavated PCB-contaminated soils from its property and disposed off-site. � 1978: State advised residents not to eat fish from the Sheboygan River and two tributaries, the Mullet and Onion Rivers, because of PCB contamination. � 09/18/1985: Proposed Listing on NPL. � 06/10/1986: Listed final on NPL. � 1987: State issued advisory not to eat wildlife; still in effect. � 1989 to 1990: PRP dredged ~5,000 yds3 of contaminated sediments from upper Sheboygan River. � PRP stored sediments in two containers on-site: confined treatment facility (CTF) and sediment management facility (SMF). � CTF used to evaluate feasibility of biodegradation of PCBs in place. � SMF designed for temporary storage of dredged sediments. � 1989 and 1990: 8 other sediment deposits were armored in upper Sheboygan River. Area covered with layers of geotextile fabric, bank material, cobble and wire cages filled with rock (gabions) to prevent contaminated sediment from moving downstream. � 08/07/1990: Removal Assessment Completed. � 12/06/1991: PRP Removal Completed. � 07/20/1992: Removal Assessment Completed. � 11/30/1998: Ecological Risk Assessment Completed. � 05/12/2000: PRP RI/FS Completed. � 05/12/2000: Record of Decision (ROD) Signed. � State of Wisconsin did not concur. � ROD calls for removal of ~21,000 yds3 of sediment from Upper River and removal of ~53,000 yds3 from Inner Harbor. � PCB-contaminated floodplain soil will be removed, backfilled and revegetated. � Groundwater and additional source investigations near existing Tecumseh Products facility will be conducted to remove or mitigate any continuing PCB sources to river. � Upper River Remedy: Removes ~21,000 yds3 of PCB-contaminated sediments from 5-mile stretch of River for off-site disposal. � Facility Source Control Remedy: Prevents PCB source materials from reaching River either through soil removal or groundwater controls. � Flood Plain Soils Remedy: Removes ~8,000 yds3 of soil from areas adjacent to Upper River. � Cost of these components is approximately $28 million. � Middle River and Harbor Elements: Will be addressed in subsequent CD. � 01/11/2001: PRP Removal Completed. � 03/30/2001: Special Notice Issued. � 09/12/2001: Administrative Order On Consent for SMF CTF Removal. � 11/16/2001: Draft Sheboygan River Sediment Transport Modeling Report Submitted by W.F. Baird & Associates to USACE Detroit District (U.S. EPA's contractor). CD DETAILS: � Settling Defendant would address: Upper River Sediments; Facility Source Control; and Floodplain Soils.

Defendants (2)

• TECUMSEH PRODUCTS COMPANYNamed in complaintNamed in settlement
• POLLUTION RISK SERVICES, LLCNamed in complaintNamed in settlement

Facilities (1)

• SHEBOYGAN HARBOR & RIVER

  HARBOR, SHEBOYGAN, WI, 53081

  Registry ID: 110009318121

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• SHEBOYGAN HARBOR & RIVER CONSENT DECREE (CERCLA)entered 2006-01-09

  Primary law: CERCLA

• SHEBOYGAN HARBOR & RIVER CONSENT DECREEentered 2004-05-12

  Primary law: CERCLA

Timeline (6 milestones)

• 2003-04-15Referred To Dept Of Justice
• 2003-05-07Complaint Filed With Court
• 2003-05-13Enforcement Action Data Entered
• 2005-10-10Final Order Lodged
• 2005-10-10Supplemental Referral-Adding parties, counts
• 2006-01-09Final Order Entered