EPA v. GENERAL OIL - NORTHVILLE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

BEGINNING IN 1950, MERGRAF OIL COMPANY OPERATED A USED OIL REPROCESSING FACILITY. THEN MERGRAF OIL AND D.A. STUART USED UNLINED LAGOONS ON THE NORTHERN PART OF THE GENERAL OIL PROPERTY TO STORE AND PROCESS WASTE OILS. BETWEEN 1983 AND 1991, A SERIES OF INVESTIGATIONS WAS CONDUCTED THAT OIL IN WELLS NEAR FORD POND WAS CONTAMINATED WITH PCBS. A SITE ASSESSMENT CONDUCTED BY U.S. EPA IN JUNE OF 2002 CONFIRMED THAT OIL CONTAINING PCBS IN THE 25 TO 150 PPM RANGE WAS SEEPING INTO FORD POND. BASED ON THE FINDINGS OF FACT SET FORTH ABOVE, RESPONDENTS, ALLIED WASTE SYSTEMS, INC., DAIMLER CHRYSLER CORPORATION, D.A. STUART COMPANY, INC., DELPHI CORPORATION, EATON CORPORATION, FORD MOTOR COMPANY, GENERAL MOTORS CORPORATION, GENERAL OIL CORPORATION, HONEYWELL, INC., INDIANA MICHIGAN POWER COMPANY, LUCAS VARITY AUTOMOTIVE HOLDING COMPANY ( AS SUCCESSOR TO MASSEY-FERGUSON ), OWENS-ILLINOIS, INC., REYNOLDS METALS COMPANY, AND TECUMSEH PRODUCTS COMPANY, SHALL PERFORM THE REMOVAL ACTIONS. RESPONDENTS SHALL MAKE A LUMP-SUM PAYMENT TO U.S. EPA IN THE AMOUNT OF $50,000 TO SATISFY RESPONDENTS' OBLIGATION FOR FUTURE RESPONSE COSTS. RESPONDENTS FAIL TO FULLY PERFORM ANY REQUIREMENT OF THIS CONSENT ORDER IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED PURSUANT TO THIS CONSENT ORDER, RESPONDENTS SHALL BE LIABLE, AND SHALL BE STIPULATED AND STATUTORY PENALTIES. PENALTIES SHALL CONTINUE TO ACCRUE DURING ANY DISPUTE RESOLUTION PERIOD. VIOLATION OF ANY PROVISION OF THIS CONSENT ORDER MAY SUBJECT RESPONDENTS TO CIVIL PENALTIES OF UP TO $27,500 PER DAY.

Defendants (1)

• ALLIED WASTE SYSTEMS, INCNamed in settlement

Facilities (1)

• GENERAL OIL-NORTHVILLE

  175 RAILROAD, NORTHVILLE, MI, 48167

  Registry ID: 110003618327

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GENERAL OIL - NORTHVILLE AOCentered 2003-11-25

  Primary law: CERCLA

Timeline (2 milestones)

• 2003-11-25Final Order Issued
• 2003-12-08Enforcement Action Data Entered