EPA v. CMC HEARTLAND BANKRUPTCY (CMC HEARTLAND AND WHEELER PIT) (CERCLA)

Case summary

THIS LETTER REQUESTS THAT THE DEPARTMENT OF JUSTICE FILE A PROOF OF CLAIM IN THE CMC HEARTLAND PARTNERS BANKRUPTCY PROCEEDING. CMC IS LIABLE FOR RESPONSE COSTS, PENALTIES, AND TREBLE DAMAGES ASSOCIATED WITH A PROPERTY IN MINNEAPOLIS, MINNESOTA KNOW AS THE �LITE YARD�, WHICH WAS A SOURCE OF ARSENIC CONTAMINATION IN AN ADJACENT RESIDENTIAL NEIGHBORHOOD. CMC OWNED THAT PROPERTY UNTIL 2005. CMC IS ALSO LIABLE FOR RESPONSE COSTS, PENALTIES, AND TREBLE DAMAGES AT A DE-LISTED SUPERFUND NPL SITE IN LA PRAIRIE TOWNSHIP, ROCK COUNTY, WISCONSIN KNOWN AS THE WHEELER PIT SITE. CMC IS THE OWNER OF THE SITE. ITS PREDECESSOR LEASED THE PROPERTY TO GENERAL MOTORS CORPORATION, WHICH DEPOSITED SLUDGES CONTAINING SOLVENTS AND HEAVY METALS AND COAL ASH INTO AN UNLINED PIT. GM HAS CONDUCTED THE REMEDIAL ACTION UNDER A UNILATERAL ORDER, AND CONTINUES TO MONITOR GROUNDWATER. CONTAMINATED SOILS AND SLUDGES HAVE BEEN CAPPED; AND EFFECTIVE, ENFORCEABLE LAND USE RESTRICTIONS MUST REMAIN IN PLACE TO MAINTAIN THE INTEGRITY OF THE CAP. Update 12/21/17 - action is closed, per Office of Regional Counsel.

Defendants (1)

• CMC HEARTLANDNamed in complaint

Facilities (2)

• SOUTH MINNEAPOLIS RESIDENTIAL SOIL CONTAMINATION

  27TH ST EAST & 17TH AV SOUTH, MINNEAPOLIS, MN, 55407

  Registry ID: 110017937982

• WHEELER PIT

  CO TRK O & CO TRK J, JANESVILLE, WI, 53545

  Registry ID: 110009319825

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 2006-08-03Referred To Dept Of Justice
• 2006-10-11Enforcement Action Data Entered
• 2006-10-25Complaint Filed With Court