EPA v. METAMORA LANDFILL UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THIS ADMINISTRATIVE ORDER ( ORDER ) IS ISSUED TO RONALD AND LAURA BARNARD (HEREINAFTER, RESPONDENTS ), PURSUANT TO THE AUTHORITY VESTED IN THE PRESIDENT OF THE UNITED STATES BY SECTION 104(E)(5) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. � 9604(E)(5), AND THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN, 40 CFR � 300.400(D)(4). THIS ORDER REQUIRES RESPONDENTS TO GRANT EPA AND ITS AUTHORIZED REPRESENTATIVES ENTRY AND ACCESS TO THE PROPERTY DESCRIBED IN PARAGRAPH 4 BELOW ( THE PROPERTY ) LOCATED IN METAMORA, MICHIGAN FOR THE PURPOSE OF CONDUCTING GROUNDWATER MONITORING ACTIVITIES RELATED TO THE METAMORA LANDFILL SITE (THE SITE ). THIS ORDER FURTHER REQUIRES RESPONDENTS TO REFRAIN FROM INTERFERING WITH ACCESS TO THE PROPERTY BY EPA AND ITS AUTHORIZED REPRESENTATIVES FOR THE PURPOSES SET FORTH HEREIN. THE RESPONDENTS LIVE AT 462 SHALIMAR RIDGE, METAMORA, MICHIGAN 48455. THE PROPERTY HAS A SINGLE FAMILY RESIDENCE AND IS HEAVILY FORESTED WHICH IS LOCATED IMMEDIATELY NORTHEAST OF THE SITE. IN CARRYING OUT THE REQUIREMENTS OF A PRIOR CONSENT DECREE, THE MLPSG, INTER ALIA, OBTAINED VERBAL ACCESS FROM THE RESPONDENTS TO ENTER THE PROPERTY TO INSTALL GROUNDWATER MONITORING WELLS. SINCE THE INSTALLATION OF THE MONITORING WELLS, THE MLPSG HAS ENTERED THE PROPERTY ON A BIANNUAL BASIS TO CONDUCT SAMPLING ACTIVITIES. SAMPLING DATA OF MONITORING WELLS AT THE PROPERTY HAS SHOWN CONTAMINATION FROM THE SITE HAS MIGRATED TO THE PROPERTY. TO ADDRESS THE RELEASE OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE OR POLLUTANT OR CONTAMINANT FROM THE METAMORA LANDFILL SITE, EPA IS PLANNING TO CONDUCT CERTAIN RESPONSE ACTIONS. THESE ACTIONS INCLUDE PERFORMING AN INVESTIGATION OF THE GROUNDWATER TO DETERMINE WHETHER NATURAL ATTENUATION IS OCCURRING. TO PERFORM THE RESPONSE ACTIONS DESCRIBED ABOVE, IT WILL BE NECESSARY FOR THE MLPSG AND EPA TO HAVE CONTINUED ACCESS TO THE PROPERTY. EPA ESTIMATES THAT THE DURATION OF THE REQUIRED ENTRY AND ACCESS WILL BE APPROXIMATELY 2 HOURS FOR AS MANY AS FOUR TIMES PER YEAR UNTIL THE CLEANUP GOALS ARE ACHIEVED. IT IS ESTIMATED THAT IT WILL TAKE NO MORE THAN 30 YEARS FOR THE CLEANUP GOALS TO BE ACHIEVED. DESPITE HAVING PREVIOUSLY PERMITTED ACCESS BY THE MLPSG TO THEIR PROPERTY, ON JANUARY 31, 2003, THE RESPONDENTS REVOKED THEIR GRANT OF ACCESS. THE BASIS OF THE REVOCATION WAS THE RESPONDENTS' DEMAND FOR COMPENSATION FOR DAMAGE TO AND THE DECREASED VALUE OF THEIR PROPERTY.

Defendants (1)

• RONALD AND LAURA BARNARDNamed in settlement

Facilities (1)

• METAMORA LANDFILL

  1636 DRYDEN ROAD, METAMORA, MI, 48455-9308

  Registry ID: 110071101372

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• METAMORA LANDFILLentered 2004-06-23

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-06-23Final Order Issued
• 2004-07-12Enforcement Action Data Entered