EPA v. CSX BENTON HARBOR ADMIN ORDER ON CONSENT (CERCLA)

Case summary

FROM APPROXIMATELY 1959 TO THE MID-1980S, THE SITE WAS USED BY THE GRAHAM METALS CORPORATION AND MARTIN BROTHERS MILL AND FOUNDRY SUPPLY COMPANY AS SALVAGE AND SCRAP YARD FOR RECYCLABLE METAL AND LEAD RECOVERED FROM BATTERIES. IN THE MID-1980'S, THE SCRAP YARD WAS ABANDONED BY THE OPERATORS. ON MARCH 13, 2003, U.S. EPA CONDUCTED AN INVESTIGATION AT THE SITE THAT INCLUDED COLLECTION OF A NUMBER OF SOIL SAMPLES ON-SITE. BASED UPON LABORATORY ANALYSIS OF THE SAMPLES, U.S. EPA CONCLUDED THAT SOIL SAMPLE RESULTS WERE ABOVE THE TSCA LEVELS FOR TOTAL LEAD AND ABOVE THE MAXIMUM CONCENTRATION OF CONTAMINANTS FOR TOXICITY CHARACTERISTIC UNDER RCRA. U.S. EPA'S OSC AND A START CONTRACT REPRESENTATIVE STATED THAT THEY ALSO OBSERVED BROKEN BATTERY CASINGS THROUGHOUT THE EASTERN HALF OF THE PROPERTY AND THROUGHOUT THE CENTER OF THE PROPERTY NEAR THE OLD BUILDING FOUNDATIONS. ON AUGUST 11, 2003, AN ACTION MEMO WAS SIGNED BY THE U.S. EPA REGION 5. RESPONDENT SHALL PERFORM, AT A MINIMUM, ALL ACTIONS NECESSARY TO IMPLEMENT THE ACTION MEMO. THE REMOVAL ACTION AND BACKFILL EXCAVATED AREAS WITH CLEAN MATERIAL REQUIRED BY THIS ORDER IS NECESSARY TO PROTECT THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT. WITHIN 30 DAYS AFTER THE EFFECTIVE DATE, RESPONDENT SHALL PAY TO U.S. EPA'S PAST RESPONSE COSTS OF $65,265.25 THAT ARE IDENTIFIED IN U.S. EPA'S ITEMIZED COST SUMMARY, FOR CUMULATIVE COSTS THROUGH APRIL 30, 2005. RESPONDENT SHALL BE LIABLE TO U.S. EPA FOR STIPULATED PENALTIES IN THE AMOUNTS FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER. WHEN U.S. EPA DETERMINES THAT ADDITIONAL REMOVAL ACTIONS NOT INCLUDED IN AN APPROVED PLAN ARE NECESSARY TO PROTECT THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT, U.S. EPA WILL NOTIFY RESPONDENT OF THAT DETERMINATION.

Defendants (1)

• CSX TRANSPORTATION INC.Named in settlement

Facilities (1)

• CSX BENTON HARBOR

  400 GRAHAM AVE., BENTON HARBOR, MI, 49022

  Registry ID: 110014329976

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CSX BENTON HARBOR ADMIN ORDER ON CONSENT (CERCLA)entered 2005-08-09

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-08-09Final Order Issued
• 2005-08-15Enforcement Action Data Entered