EPA v. LITTLE MISSISSINEWA RIVER UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THIS ORDER DIRECTS RESPONDENTS TO IMPLEMENT THE APPROVED REMEDIAL DESIGN FOR THE LITTLE MISSISSINEWA SITE IN UNION CITY, INDIANA. THIS ORDER IS ISSUED TO RESPONDENTS BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( U.S. EPA ) UNDER THE AUTHORITY VESTED IN THE PRESIDENT OF THE UNITED STATES BY � 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. � 9606(A). THIS AUTHORITY WAS DELEGATED TO THE ADMINISTRATOR OF U.S. EPA ON JANUARY 23, 1987, BY EXECUTIVE ORDER 12580 (52 FED. REG. 2926), AND WAS FURTHER DELEGATED TO REGIONAL ADMINISTRATORS BY U.S. EPA HEADQUARTERS DELEGATION NO. 14-14-A ON APRIL 15,1994, AND BY U.S. EPA HEADQUARTERS DELEGATION NO. 14-14-B ON MAY 11, 1994, AND WAS FURTHER DELEGATED BY THE REGIONAL ADMINISTRATOR OF REGION 5 TO THE DIRECTOR, SUPERFUND DIVISION, BY REGION 5 DELEGATION NOS. 14-14-A AND 14-14-B, BOTH DATED MAY 2, 1996. THE SITE IS LOCATED IN UNION CITY, RANDOLPH COUNTY, INDIANA AND CONSISTS OF AN APPROXIMATELY 7-MILE SEGMENT OF THE LITTLE MISSISSINEWA RIVER AND ITS ASSOCIATED FLOOD PLAIN. THE DECISION BY U.S. EPA ON THE REMEDIAL ACTION TO BE IMPLEMENTED AT THE SITE IS EMBODIED IN A RECORD OF DECISION ( ROD ), EXECUTED ON JULY 20, 2004, ON WHICH THE STATE HAD A REASONABLE OPPORTUNITY TO COMMENT. THE ROD IS AN ENFORCEABLE PART OF THIS ORDER. THE ROD IS SUPPORTED BY AN ADMINISTRATIVE RECORD WHICH CONTAINS THE DOCUMENTS AND INFORMATION UPON WHICH U.S. EPA BASED THE SELECTION OF THE RESPONSE ACTION. THE SELECTED RESPONSE ACTION SET OUT IN THE ROD HAS BEEN DETERMINED BY U.S. EPA TO PROVIDE ADEQUATE PROTECTION OF PUBLIC HEALTH, WELFARE AND THE ENVIRONMENT; MEET ALL FEDERAL AND STATE ENVIRONMENTAL LAWS; AND BE COST EFFECTIVE. THE ROD PROVIDES FOR THE REMOVAL OF APPROXIMATELY 3,500 POUNDS OF PCBS BY EXCAVATING CONTAMINATED RIVER SEDIMENTS AND FLOOD PLAIN SOILS. THE PCB-CONTAMINATED SEDIMENTS AND SOILS WILL BE DRY-EXCAVATED AND TAKEN TO A LANDFILL FOR PERMANENT DISPOSAL. FOLLOWING THE COMPLETION OF THE REMEDIAL ACTION, BIOMONITORING AND ANALYTICAL TESTING OF THE SITE WILL TAKE PLACE. THIS MONITORING WILL COVER SAMPLING OF SEDIMENT AND FISH TISSUE TO GAUGE THE REDUCTIONS OF PCB CONCENTRATIONS AT THE SITE AND THE EFFECTS OF SUCH REDUCTIONS ON EXISTING FISH CONSUMPTION ADVISORIES. MONITORED NATURAL RECOVERY (MNR) WILL BE IMPLEMENTED IN A PORTION OF THE SITE THAT DOES NOT REQUIRE REMEDIATION BUT CONTAINS PCB CONTAMINATION LEVELS OF APPROXIMATELY 1 PPM OR LESS ON AVERAGE. MNR INCLUDES THE MONITORING OF PROCESSES SUCH AS DEGRADATION, DISPERSION AND BURIAL OF CONTAMINANT CONCENTRATIONS TO THE POINT WHERE THE CONTAMINANTS ARE NO LONGER OF CONCERN. MONITORING WILL CONTINUE UNTIL THE PERFORMANCE STANDARDS SET FORTH IN THE ROD AND FINAL REMEDIAL DESIGN ARE MET. THE ESTIMATED COST FOR THE REMEDIAL ACTION FOR THE LITTLE MISSISSINEWA RIVER IS $27 MILLION.

Defendants (2)

• VIACOM INC.Named in complaintNamed in settlement
• UNITED TECHNOLOGIES CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LITTLE MISSISSINEWA RIVER

  LITTLE MISSISSINEWA RIVER AT FRANK RD., UNION CITY, IN, 47390

  Registry ID: 110009285246

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LITTLE MISSISSINEWA RIVER UNILATERAL ADMIN ORDER (CERCLA)entered 2005-04-04

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-04-04Final Order Issued
• 2005-07-15Enforcement Action Data Entered