EPA v. HIMCO DUMP RD/RA (CERCLA)

Case summary

THIS CONSENT DECREE REPRESENTS A GLOBAL SETTLEMENT FOR THE HIMCO DUMP SITE IN ELKHART, INDIANA. IT REQUIRES COMPLETE IMPLEMENTATION OF A 2004 RECORD OF DECISION AMENDMENT AND PAYMENT OF STATE AND FEDERAL PAST AND FUTURE RESPONSE COSTS. ALL OF THE WORK AT THE SITE, ESTIMATED TO COST $9,156,373, WILL BE PERFORMED BY BAYER CORPORATION LLC, A WHOLLY OWNED SUBSIDIARY OF BAYER CORPORATION AND HIMCO WASTE AWAY SERVICES INC. (HIMCO). PERFORMANCE OF THE WORK WILL BE FULLY GUARANTEED BY BAYER CORPORATION, WHICH IS NOT A PARTY TO THE CONSENT DECREE BUT WHICH WILL EXECUTE A SEPARATELY ENFORCEABLE CORPORATE GUARANTEE. BAYER HEALTHCARE LLC, HIMCO, AND THIRTY-FOUR GENERATORS WILL PAY A TOTAL OF $3,875,000 FOR FEDERAL PAST RESPONSE COSTS.

Defendants (32)

• STEINWAY MUSICAL INSTRUMENTS, INC.Named in complaintNamed in settlement
• ELIXIR INDUSTRIESNamed in complaintNamed in settlement
• ELKHART BRASS MANUFACTURING CO., INC.Named in complaintNamed in settlement
• ELKHART GENERAL HOSPITALNamed in complaintNamed in settlement
• GASKA TAPE INC.Named in complaintNamed in settlement
• HARTSON-KENNEDY CABINET TOP CO., INC.Named in complaintNamed in settlement
• HENKELS & MCCOY, INC.Named in complaintNamed in settlement
• INDIANA MICHIGAN POWER COMPANYNamed in complaintNamed in settlement
• KAMPCO STEEL PRODUCTS, INC.Named in complaintNamed in settlement
• LITHOTONE, INC.Named in complaintNamed in settlement
• CONSOLIDATED RAIL CORPORATION AND CONRAIL INC.Named in complaintNamed in settlement
• AMERICAN PREMIER UNDERWRITERS, INC.Named in complaintNamed in settlement
• AMERSCAN GAGE & MACHINENamed in complaintNamed in settlement
• ACCRA PAC, INC.Named in complaintNamed in settlement
• AACOANamed in complaintNamed in settlement
• HIMCO WASTE-AWAY SERVICE, INC.Named in complaintNamed in settlement
• DURA AUTOMOTIVE SYSTEMS, INC.Named in complaintNamed in settlement
• E.K. BLESSING CO., INCNamed in complaintNamed in settlement
• BAYER HEALTHCARE LLCNamed in complaintNamed in settlement
• WYETHNamed in complaintNamed in settlement
• WELLS CARGO, INC.Named in complaintNamed in settlement
• WALERKO TOOL & ENG. CORP.Named in complaintNamed in settlement
• UNIVERSAL FOREST PRODUCTS, INC.Named in complaintNamed in settlement
• TRUTH PUBLISHING CO., INC.Named in complaintNamed in settlement
• TRIMAS CORPORATIONNamed in complaintNamed in settlement
• …and 7 more

Facilities (1)

• HIMCO DUMP

  CR 10 & NAPPANEE ST, ELKHART, IN, 46514

  Registry ID: 110060460825

Statutes cited

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

Enforcement conclusions (1)

• HIMCO DUMP RD/RA (CERCLA)entered 2007-11-28

  Primary law: CERCLA

Timeline (5 milestones)

• 2006-12-20Referred To Dept Of Justice
• 2007-03-05Enforcement Action Data Entered
• 2007-09-07Final Order Lodged
• 2007-09-07Complaint Filed With Court
• 2007-11-28Final Order Entered