EPA v. MICH CON LUDINGTON-DOWLAND STREET ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THIS AGREEMENT CONCERNS THE INVESTIGATION AND/OR CLEANUP OF ACTUAL AN POTENTIAL ACCIDENTAL MERCURY RELEASES FROM NATURAL GAS PRESSURE REGULATORS AT HOMES IN MICHCON�S SOUTHEASTERN MICHIGAN SERVICE AREA, COMMONLY REFERRED TO AS THE MICHCON MERCURY REGULATORS SITE. EPA ALLEGES THAT IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE, EPA UNDERTOOK RESPONSE ACTIONS AT THE SITE CONSISTING OF OVERSEEING INVESTIGATION AND CLEANUP WORK CONDUCTED BY MICHCON. IN SEPTEMBER, 2004, EPA ISSUED MICHCON A NOTICE OF COMPLETION CONCERNING THE INVESTIGATION AND CLEANUP WORK CONDUCTED BY MICHCON. EPA ALLEGES THAT IN PERFORMING RESPONSE ACTIONS, EPA HAS INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA ALLEGES THAT MICHCON IS A RESPONSIBLE PARTY PURSUANT TO SECTION 107(A) OF CERCLA AND IS LIABLE FOR RESPONSE COSTS INCURRED OR TO BE INCURRED AT OR IN CONNECTION WITH THE SITE. EPA HAS DETERMINED THAT THE TOTAL PAST AND PROJECTED RESPONSE COSTS OF THE UNITED STATES AT OR IN CONNECTION WITH THE SITE WILL NOT EXCEED $500,000, EXCLUDING INTEREST. EPA AND MICHCON RECOGNIZE THAT THIS AGREEMENT HAS BEEN NEGOTIATED IN GOOD FAITH AND THAT THIS AGREEMENT IS ENTERED INTO WITHOUT THE ADMISSION OR ADJUDICATION OF ANY ISSUE OF FACT OF LAW.

Defendants (1)

• MICHIGAN CONSOLIDATED GAS CO.Named in complaintNamed in settlement

Facilities (1)

• MICH CON LUDINGTON-DOWLAND

  410 EAST DOWLAND STREET, LUDINGTON, MI, 49431

  Registry ID: 110024275407

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• MICH CON LUDINGTON-DOWLAND STREET ADMIN ORDER ON CONSENT (CERCLA)entered 2004-12-06

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-12-06Final Order Issued
• 2005-03-29Enforcement Action Data Entered