EPA v. INDUSTRIAL EXCESS LANDFILL

Case summary

THE CONSENT DECREE RESOLVES CLAIMS AGAINST FIVE DEFENDANTS BROUGHT BY THE UNITED STATES ON BEHALF OF THE ENVIRONMENTAL PROTECTION AGENCY (``EPA'') UNDER SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (``CERCLA''), 42 U.S.C. 9606 AND 9607, FOR RESPONSE COSTS INCURRED AND TO BE INCURRED BY THE UNITED STATES IN RESPONDING TO THE RELEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT THE INDUSTRIAL EXCESS LANDFILL SUPERFUND SITE IN UNIONTOWN, OHIO. UNDER THE CONSENT DECREE, THE SETTLING DEFENDANTS WILL PERFORM THE REMEDY FOR THE SITE AS SET FORTH IN THE COMPLETED REMEDIAL DESIGN FOR THE SITE, PAY $17,925,000 (PLUS INTEREST ON THIS AMOUNT RUNNING FROM OCTOBER 1, 2003) FOR PAST COSTS, AND PAY ALL INTERIM AND FUTURE RESPONSE COSTS AS DEFINED IN THE CONSENT DECREE THAT HAVE BEEN OR WILL BE INCURRED BY THE UNITED STATES (SUBJECT TO A LIMIT OF $700,000 FOR THE PORTION OF FUTURE RESPONSE COSTS INCURRED IN MONITORING AND OVERSEEING SETTLING DEFENDANTS' PERFORMANCE OF THE REMEDY). THE UNITED STATES COVENANTS NOT TO SUE THE SETTLING DEFENDANTS REGARDING THE SITE, SUBJECT TO RESERVATIONS OF RIGHTS FOR UNKNOWN CONDITIONS AND INFORMATION, AND OTHER RESERVATIONS COMMONLY INCLUDED IN CERCLA SETTLEMENTS.

Defendants (5)

• B.F.GOODRICH COMPANYNamed in complaintNamed in settlement
• GENCORP, INC.Named in complaintNamed in settlement
• THE GOODYEAR TIRE & RUBBER COMPANYNamed in complaintNamed in settlement
• GOODYEAR AEROSPACE CORPORATIONNamed in complaintNamed in settlement
• BRIDGESTONE/FIRESTONE NORTH AMERICAN TIRE, LLCNamed in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL EXCESS LANDFILL

  4 MILE SOUTH INTERSECTION 619 AND CLEVELAND AVENUE, UNIONTOWN, OH, 44685

  Registry ID: 110071101755

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• INDUSTRIAL EXCESS LANDFILLentered 2005-04-07

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-04-15Referred To Dept Of Justice
• 2004-06-16Final Order Lodged
• 2004-06-16Complaint Filed With Court
• 2004-07-12Enforcement Action Data Entered
• 2005-04-07Final Order Entered