EPA v. N-FORCER UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THE FORMER W.R. GRACE & COMPANY ( WRG ) DEARBORN PLANT (ALSO KNOWN AS THE N-FORCER SITE ) IS LOCATED AT DEARBORN OF MICHIGAN. ACCORDING TO WRG SHIPPING RECORDS, THE DEARBORN PLANT PROCESSED ABOUT 206,000 TONS OF ASBESTOS-CONTAMINATED VERMICULITE ORE FROM LIBBY, MONTANA. OVER TIME, IT BECAME KNOWN THAT VERMICULITE ORE MINED FROM LIBBY WAS CONTAMINATED WITH ASBESTOS FIBERS, INCLUDING THE AMPHIBOLE ASBESTOS VARIETIES TREMOLITE AND ACTINOLITE, AS WELL AS THE RELATED FIBROUS ASBESTIFORM MINERALS WINCHITE, RICHTERITE, AND FERRO-EDENITE. DURING THE COURSE OF WRG OPERATIONS AT THE DEARBORN PLANT, ASBESTOS CONTAINING MATERIALS WERE RELEASED ONTO THE GROUND ON AND AROUND THE PLANT. AMPHIBOLE ASBESTOS FROM THE LIBBY, MONTANA MINE IN ALL ITS FORMS IS A HAZARDOUS SUBSTANCE. ON SEPTEMBER 27, 2002, STAFF FROM U.S. EPA OBSERVED VERMICULITE ORE ON THE GROUND ON THE NORTH AND SOUTHEAST AREAS OF THE SITE. ON JANUARY 14, 2003, U.S. EPA CONDUCTED SAMPLING AT THE DEARBORN PLANT, CONFIRMING THAT TREMOLITE AND ACTINOLITE ASBESTOS WAS PRESENT AT LEVELS AS HIGH AS 3%. BASED ON THIS INFORMATION, U.S.EPA ISSUED AN ACTION MEMORANDUM ON FEBRUARY 27, 2005, AUTHORIZING FUNDING TO REMOVE ASBESTOS CONTAMINATION AT AND NEAR THE SURFACE OF THE DEARBORN PLANT. U.S. EPA HEREBY ORDERS THAT RESPONDENT PERFORM THE REMOVAL ACTIVITIES. RESPONDENT SHALL REIMBURSE U.S. EPA, UPON WRITTEN DEMAND, FOR ALL RESPONSE COSTS INCURRED BY THE UNITED STATES IN OVERSEEING RESPONDENT'S IMPLEMENTATION OF THE REQUIREMENTS OF THIS ORDER. VIOLATION OF ANY PROVISION OF THIS ORDER MAY SUBJECT RESPONDENT TO CIVIL PENALTIES OF UP TO $32,500 PER VIOLATION PER DAY.

Defendants (1)

• CSX TRANSPORTATION, INC.Named in settlement

Facilities (1)

• N-FORCER

  14300 HENN STREET, DEARBORN, MI, 48126

  Registry ID: 110014404475

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• N-FORCER UNILATERAL ADMIN ORDER (CERCLA)entered 2005-05-17

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-05-17Final Order Issued
• 2005-07-14Enforcement Action Data Entered