EPA v. GENERAL MOTORS BEDFORD ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THIS SITE COMPRISES 152.5 ACRES OF LAND, INCLUDING BUILDINGS COVERING 915,000 SQUARE FEET OF OPERATING FLOOR SPACE. GM OPERATED THE PLANT FROM 1942 UNTIL 1946 FOR THE UNITED STATES. GM PURCHASED THE PLANT IN 1946. IT HAS OWNED THE PLANT SINCE THAT TIME, OPERATING IT PRIMARILY AS AN ALUMINUM FOUNDRY FOR CASTING AUTOMOTIVE PARTS SUCH AS TRANSMISSION CASINGS, PISTONS AND ENGINE BLOCKS. IN 1977, A PCB STUDY CONDUCTED FOR GM BY CAMP, DRESSER & MCKEE FOUND PCB LEVELS IN WATER IN BAILEY'S BRANCH CREEK DOWNSTREAM FROM THE PLANT AT 55 - 21 PPB AND 800 PPM. IN 1979, RESPONDENT RECORDED LEVELS OF 1.5 - 1,453 PPM PCBS IN WATER/OIL MIXTURE SAMPLES. ON OCTOBER 1, 2002, GM FOUND PCB LEVELS IN SOILS RANGING FROM NON-DETECT UP TO 9,900 PPM, WITH A MEAN OF 18.5 PPM; IN SEDIMENTS RANGING FROM NON-DETECT UP TO 25,000 PPM, WITH A MEAN OF 207 PPM; IN SPRINGS RANGING FROM NON-DETECT UP TO 1.2 PPB, WITH A MEAN OF 0.051 PPB; IN SEEPS RANGING FROM AN ESTIMATED 0.51 PPB UP TO 180 PPB, WITH A MEAN OF 75.63 PPB. BASED ON THE FINDINGS OF FACT SET FORTH ABOVE, THIS ORDER PROVIDES FOR PERFORMANCE OF A REMOVAL ACTION BY RESPONDENT GENERAL MOTORS CORPORATION AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED AND TO BE INCURRED BY THE UNITED STATES AT OR IN CONNECTION WITH THE SITE. RESPONDENT SHALL PAY EPA ALL FUTURE RESPONSE COSTS NOT INCONSISTENT WITH THE NCP, UP TO A TOTAL, CUMULATIVE AMOUNT OF $400,000. THE RESPONDENT SHALL PAY INTEREST ON THE UNPAID BALANCE AND STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH REQUIREMENTS OF THIS ORDER.

Defendants (1)

• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GENERAL MOTOR BEDFORD

  NORTH JACKSON ST PO BOX 271, BEDFORD, IN, 47421

  Registry ID: 110064148747

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• GENERAL MOTORS BEDFORD AOCentered 2003-07-28

  Primary law: CERCLA

Timeline (2 milestones)

• 2003-07-28Final Order Issued
• 2003-08-26Enforcement Action Data Entered